By Sibley S.B. No. 325 77R5919 JJT-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to protection of water quality from certain animal feeding 1-3 operations. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 26.001, Water Code, is amended by adding 1-6 Subdivisions (27), (28), and (29) to read as follows: 1-7 (27) "Animal feeding operation" means an area of land 1-8 where animals have been, are, or will be stabled or confined and 1-9 fed or maintained for 45 days or more in any 12-month period, the 1-10 confinement areas of which do not sustain crops, vegetation, forage 1-11 growth, or postharvest residues in the normal growing season. The 1-12 term includes two or more such areas under common ownership that 1-13 adjoin or use a common area or system for the disposal or 1-14 beneficial use of wastes. The term does not include a facility for 1-15 aquatic animal production. 1-16 (28) "Feeding operation impaired watershed" means the 1-17 watershed of any body of water that: 1-18 (A) on September 1, 2001, is on the list of 1-19 impaired state waters adopted by the commission as required by 33 1-20 U.S.C. Section 1313(d); and 1-21 (B) the executive director has determined to be 1-22 impaired by the presence of elevated nutrients caused to any degree 1-23 by: 1-24 (i) discharge of agricultural waste from 2-1 an animal feeding operation or concentrated animal feeding 2-2 operation; or 2-3 (ii) discharge or runoff of pollution from 2-4 land application of agricultural waste from an animal feeding 2-5 operation or concentrated animal feeding operation. 2-6 (29) "Twenty-five-year daily rainfall event" means the 2-7 amount of rainfall, as determined by the executive director, for 2-8 the maximum rainfall event in any 24-hour period for a particular 2-9 geographic area, with a probable recurrence interval of once in 25 2-10 years. 2-11 SECTION 2. Subchapter B, Chapter 26, Water Code, is amended 2-12 by adding Section 26.0287 to read as follows: 2-13 Sec. 26.0287. REGULATION OF CERTAIN ANIMAL FEEDING 2-14 OPERATIONS IN IMPAIRED WATERSHEDS. (a) In this section, "new 2-15 concentrated animal feeding operation" means a proposed 2-16 concentrated animal feeding operation any part of which is located 2-17 on property that does not have a concentrated animal feeding 2-18 operation on it. 2-19 (b) The commission may authorize by rule or by a general 2-20 permit the construction or operation of a new concentrated animal 2-21 feeding operation or an increase in the number of animals confined 2-22 under an existing individual authorization or registration. The 2-23 rule or general permit may not apply to an existing or new 2-24 concentrated animal feeding operation if the operation or the waste 2-25 application area serving the operation is located or proposed to be 2-26 located in a feeding operation impaired watershed with a 2-27 twenty-five-year daily rainfall event of more than seven inches. 3-1 (c) The commission may authorize the construction or 3-2 operation of a new concentrated animal feeding operation or an 3-3 increase in the number of animals confined under an existing 3-4 individual authorization or registration if the operation or the 3-5 waste application area serving the operation is located or proposed 3-6 to be located in a watershed described by Subsection (b). The 3-7 authorization may be made only by: 3-8 (1) a new or amended individual permit; or 3-9 (2) a general permit specific to the watershed. 3-10 (d) An individual or general permit issued or amended under 3-11 Subsection (c) must: 3-12 (1) provide for the proper management and disposal of 3-13 liquid waste; and 3-14 (2) require that 75 percent of all the manure produced 3-15 by all the animals in confinement at the operation, or another 3-16 proportion of collectible manure provided by commission rule, must 3-17 be removed from the facility and: 3-18 (A) disposed of or used outside of the 3-19 watershed; or 3-20 (B) delivered to a composting facility approved 3-21 by the executive director. 3-22 (e) Rules concerning manure adopted under Subsection (d)(2) 3-23 may provide different proportions of manure to be removed for 3-24 different species of confined animals. 3-25 (f) This section does not limit the commission's authority 3-26 to: 3-27 (1) prescribe water quality control practices for 4-1 animal feeding operations by rule or general permit; or 4-2 (2) include provisions in an individual or general 4-3 permit as necessary to protect water resources in this state. 4-4 SECTION 3. Subchapter B, Chapter 26, Water Code, is amended 4-5 by adding Section 26.0425 to read as follows: 4-6 Sec. 26.0425. SOIL TESTING IN CERTAIN IMPAIRED WATERSHEDS. 4-7 (a) In this section, "waste application field" means an area of 4-8 land: 4-9 (1) on which agricultural waste from an animal feeding 4-10 operation or concentrated animal feeding operation has been applied 4-11 for beneficial use; and 4-12 (2) that is under the ownership and control of the 4-13 owner or operator of the animal feeding operation or concentrated 4-14 animal feeding operation. 4-15 (b) The commission shall collect one or more representative 4-16 soil samples from each waste application field serving an animal 4-17 feeding operation or concentrated animal feeding operation that is 4-18 located in a feeding operation impaired watershed with a 4-19 twenty-five-year daily rainfall event of more than seven inches. 4-20 (c) The commission shall test each sample for phosphorus and 4-21 any other constituent as required by commission rule and shall make 4-22 the test results available to the operator of the operation. 4-23 (d) The commission and employees and agents of the 4-24 commission may enter public or private property at any reasonable 4-25 time for activities reasonably related to the purposes of this 4-26 section. The commission may enforce this right as provided by 4-27 Section 7.032, 7.051, 7.052, or 7.105. 5-1 (e) The commission by rule shall implement this section. 5-2 The rules must provide for the scheduling and manner of the 5-3 required testing. 5-4 SECTION 4. This Act takes effect September 1, 2001.