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.