1-1 By: Ogden S.B. No. 1339 1-2 (In the Senate - Filed March 8, 2001; March 13, 2001, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 9, 2001, reported favorably, as amended, by the following 1-5 vote: Yeas 4, Nays 0; April 9, 2001, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Lucio 1-7 Amend S.B. No. 1339 as follows: 1-8 (1) In SECTION 2 of the bill (Introduced version page 1, 1-9 line 62, through page 2, line 3), strike Subsection (b) and 1-10 substitute the following: 1-11 (b) Each owner or operator of a poultry facility required to 1-12 implement and maintain a certified water quality management plan 1-13 under Section 26.302, Water Code, as amended by this Act, shall 1-14 develop and submit to the State Soil and Water Conservation Board a 1-15 site-specific water quality management plan according to the 1-16 following schedule: 1-17 Date of initial operation of facility Plan submission date 1-18 January 1, 2002, or later before receipt of birds 1-19 September 1, 2001, to December 31, 2001 before January 1, 2002 1-20 January 1, 1993, to August 31, 2001 before January 1, 2002 1-21 January 1, 1988, to December 31, 1992 before January 1, 2003 1-22 January 1, 1983, to December 31, 1987 before January 1, 2005 1-23 December 31, 1982, or earlier before January 1, 2008 1-24 (2) In SECTION 2 of the bill (Introduced version, page 2, 1-25 line 4), add a new Subsection (c) to read as follows and reletter 1-26 existing Subsection (c) as Subsection (d): 1-27 (c) Each owner or operator of a poultry facility required to 1-28 implement and maintain a certified water quality management plan 1-29 under Section 26.302, Water Code, as amended by this Act, who 1-30 expands the facility on or after September 1, 2001, shall develop 1-31 and submit to the State Soil and Water Conservation Board a 1-32 site-specific water quality management plan for the expanded 1-33 facility before the later of the receipt of the additional birds 1-34 that will occupy the expanded facility or January 1, 2002. 1-35 (3) In SECTION 2 of the bill, in the subsection redesignated 1-36 as Subsection (d) (Introduced version, page 2, line 5), strike 1-37 "poultry operation" and substitute "poultry facility". 1-38 A BILL TO BE ENTITLED 1-39 AN ACT 1-40 relating to requiring owners or operators of poultry operations to 1-41 implement and maintain certified water quality management plans. 1-42 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-43 SECTION 1. Section 26.302, Water Code, is amended to read as 1-44 follows: 1-45 Sec. 26.302. REGULATION OF POULTRY FACILITIES. (a) A 1-46 person who owns or operates a poultry facility shall ensure that 1-47 the facility has adequate means or is adequately equipped to handle 1-48 and dispose of poultry carcasses, poultry litter, and other poultry 1-49 waste regardless of whether the person owns the poultry. 1-50 (b) A person who owns or operates a poultry facility shall 1-51 implement and maintain a water quality management plan for the 1-52 facility that is certified by the State Soil and Water Conservation 1-53 Board under Section 201.026, Agriculture Code. 1-54 (c) The commission may bring a cause of action to remedy or 1-55 prevent a violation of this section. 1-56 SECTION 2. (a) As soon as practicable after the effective 1-57 date of this Act, the State Soil and Water Conservation Board and 1-58 the Texas Natural Resource Conservation Commission shall adopt 1-59 rules regarding the certification of water quality management plans 1-60 for poultry facilities and other rules as necessary to implement 1-61 and administer Section 26.302, Water Code, as amended by this Act. 1-62 (b) An owner or operator of a poultry operation required to 1-63 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. 2-21 * * * * *