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.
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