By: Ogden S.B. No. 1339 2001S0657/2 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to requiring owners or operators of poultry operations to 1-3 implement and maintain certified water quality management plans. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 26.302, Water Code, is amended to read as 1-6 follows: 1-7 Sec. 26.302. REGULATION OF POULTRY FACILITIES. (a) A 1-8 person who owns or operates a poultry facility shall ensure that 1-9 the facility has adequate means or is adequately equipped to handle 1-10 and dispose of poultry carcasses, poultry litter, and other poultry 1-11 waste regardless of whether the person owns the poultry. 1-12 (b) A person who owns or operates a poultry facility shall 1-13 implement and maintain a water quality management plan for the 1-14 facility that is certified by the State Soil and Water Conservation 1-15 Board under Section 201.026, Agriculture Code. 1-16 (c) The commission may bring a cause of action to remedy or 1-17 prevent a violation of this section. 1-18 SECTION 2. (a) As soon as practicable after the effective 1-19 date of this Act, the State Soil and Water Conservation Board and 1-20 the Texas Natural Resource Conservation Commission shall adopt 1-21 rules regarding the certification of water quality management plans 1-22 for poultry facilities and other rules as necessary to implement 1-23 and administer Section 26.302, Water Code, as amended by this Act. 1-24 (b) An owner or operator of a poultry operation required to 1-25 implement and maintain a certified water quality management plan 2-1 under Section 26.302, Water Code, as amended by this Act, shall 2-2 apply for a plan with the State Soil and Water Conservation Board 2-3 before January 1, 2002. 2-4 (c) On or after January 1, 2002, an owner or operator of a 2-5 poultry operation is not in violation of Section 26.302, Water 2-6 Code, as amended by this Act, if the owner or operator has applied 2-7 for certification in accordance with Subsection (b) of this section 2-8 and the State Soil and Water Conservation Board has not made a 2-9 determination with regard to the certification. 2-10 SECTION 3. Nothing in this Act shall be construed as 2-11 designating a poultry operation as a point source of pollution 2-12 under Chapter 26, Water Code, or Texas Natural Resource 2-13 Conservation Commission rules regarding animal feeding operations 2-14 under 30 T.A.C. Section 321.31 through 321.47. A poultry operation 2-15 may not be designated as a point source of pollution unless the 2-16 poultry operation meets the requirements for designation as a point 2-17 source of pollution under that chapter or those rules. 2-18 SECTION 4. (a) This Act takes effect September 1, 2001, 2-19 except as provided by Subsection (b) of this section. 2-20 (b) Section 1 of this Act takes effect January 1, 2002.