By: Ogden S.B. No. 1693

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of poultry facilities and poultry litter.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 382, Health and Safety Code, is amended by adding Section 382.068 to read as follows:

Sec. 382.068. POULTRY FACILITY ODOR; RESPONSE TO COMPLAINTS. (a) In this section, "poultry facility" and "poultry litter" have the meanings assigned by Section 26.301, Water Code.

(b) The commission shall respond and investigate not later than 18 hours after receiving one of the following types of complaints:

(1) a second complaint concerning odor associated with a poultry facility or the application of poultry litter; or

(2) a complaint concerning odor from a poultry facility where the commission has previously substantiated nuisance odor conditions in the past 12 months.

(c) If after the investigation the commission determines that a poultry facility is violating the terms of its air quality authorization or creating a nuisance, the commission shall issue a notice of violation.

(d) If three notices of violation are issued by the commission in any 12-month period for a single poultry facility, the commission shall enter into a comprehensive compliance agreement with the facility.

(e) All comprehensive compliance agreements between poultry facilities and the commission shall:

(1) include an odor control plan detailing a facility's plans to control odors; and

(2) establish requirements for the submission and approval of the odor control plan by the commission.

(f) The commission may require changes to a plan submitted under Subsection (e) if the executive director determines that the plan is insufficient to control odors.

(g) The owner or operator of a poultry facility which begins construction after September 1, 2009, shall complete a poultry facility training course on the prevention of odor nuisances from the poultry science unit of the Texas AgriLife Extension Service not later than 90 days after the date the facility first accepts poultry to raise.

(h) The owner or operator of a poultry facility subject to Subsection (g) shall maintain records of the training and make the records available to the commission for inspection.

(i) The poultry science unit of the Texas AgriLife Extension Service may collect a fee from an owner or operator of a poultry facility subject to Subsection (g) to offset the direct cost of providing the training.

SECTION 2. Section 26.302, Water Code, is amended to read as follows:

Sec. 26.302. REGULATION OF POULTRY FACILITIES. (a) A person who owns or operates a poultry facility shall ensure that the facility has adequate means or is adequately equipped to handle and dispose of poultry carcasses, poultry litter, and other poultry waste regardless of whether the person owns the poultry.

(b) A person who owns or operates a poultry facility shall implement and maintain a water quality management plan for the facility that is certified by the State Soil and Water Conservation Board under Section 201.026, Agriculture Code.

(b-1) The State Soil and Water Conservation Board may certify a water quality management plan for a poultry facility that:

(1) does not use a liquid waste handling system; and

(2) is required to obtain a permit or other authorization from the commission.

(c) The State Soil and Water Conservation Board shall not certify a water quality management plan for a poultry facility located within one-half mile of surrounding businesses, permanently inhabited residences, or places of worship if the presence of the facility is likely to create a persistent odor nuisance for such neighbors, unless the poultry facility provides a suitable odor control plan.

(d) The State Soil and Water Conservation Board shall by rule establish criteria for the siting and construction of new poultry facilities, in consultation with the Texas Commission on Environmental Quality, to determine what geographic, seasonal, and agronomic factors should be considered when determining whether a persistent nuisance odor condition is likely to occur.

(e) Subsection (c) does not apply to a revision of a previously certified and existing water quality management plan or to any poultry facility which is located more than one-half mile from surrounding businesses, permanently inhabited residences, or places of worship established before the date of construction of the poultry facility.

(f) The commission may bring a cause of action to remedy or prevent a violation of this section.

(g) [(d)] This section does not affect the authority of the commission to investigate or take enforcement action against an unauthorized discharge under Section 26.121.

SECTION 3. Subchapter H, Chapter 26, Water Code, is amended by adding Sections 26.304 and 26.305 to read as follows:

Sec. 26.304. RECORDS OF SALE, PURCHASE, TRANSFER, OR APPLICATION OF POULTRY LITTER. (a) A poultry facility that sells or transfers poultry litter for remote application must maintain, until the second anniversary of the date of sale or transfer, a record regarding:

(1) the identity of the purchaser or applicator;

(2) the physical destination of the poultry litter;

(3) the date the poultry litter was removed from the poultry facility; and

(4) the number of tons of poultry litter removed.

(b) A person that purchases or obtains poultry litter for application must maintain, until the second anniversary of the date of application, a signed and dated proof of delivery document for every load of poultry litter land applied. The landowner shall note on the document the date on which the poultry litter was land applied.

Sec. 26.305. INSPECTION OF RECORDS. The commission may inspect any record required to be maintained under this subchapter.

SECTION 4. This Act takes effect September 1, 2009.