BILL ANALYSIS

C.S.H.B. 4489

By: Harris, Cody

Environmental Regulation

Committee Report (Substituted)

BACKGROUND AND PURPOSE

There are concerns that the current odor complaint process for poultry facilities is not adequate. Currently, a poultry facility owner or operator is required to enter into a comprehensive compliance agreement with the Texas Commission on Environmental Quality (TCEQ) after the TCEQ has issued three notices of violation. C.S.H.B. 4489 seeks to tighten regulation around poultry facility odor control by providing for a comprehensive assessment by the Texas State Soil and Water Conservation Board of a facility's water quality management plan after three or more TCEQ complaint investigations of the facility within a certain time span.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Commission on Environmental Quality in SECTION 1 of this bill.

ANALYSIS

C.S.H.B. 4489 amends the Health and Safety Code to remove the requirement that the Texas Commission on Environmental Quality (TCEQ) by rule or order require the owner or operator of a poultry facility for which the TCEQ has issued three applicable notices of violation concerning facility odor during a 12-month period to enter into a comprehensive compliance agreement with the TCEQ that includes an odor control plan. The bill instead requires the TCEQ by rule or order to do the following for each poultry facility that has been the subject of three or more TCEQ investigations concerning odor complaints made during a 12-month period:

· require the facility's owner or operator to undergo the following:

o a comprehensive assessment by the Texas State Soil and Water Conservation Board (TSSWCB) of the facility's water quality management plan; and

o an evaluation by TSSWCB of the facility's odor control plan to determine whether the plan is sufficient to control odors in accordance with applicable standards; and

· require the facility's owner or operator to develop an odor control plan sufficient to control odors in accordance with applicable standards if the facility does not have an applicable odor control plan.

The bill also authorizes, for each such poultry facility, the TCEQ by rule or order to require the facility's owner to modify the facility's water quality management plan or to take other corrective action as determined by the TCEQ.

C.S.H.B. 4489 requires the TCEQ to issue a notice of violation under the following circumstances:

· the facility's owner or operator does not have an approved water quality management plan for the facility;

· the facility's owner or operator does not develop an odor control plan for the facility after being required to do so under the bill's provisions; or

· the facility's owner or operator does not modify the facility's water quality management plan or implement a corrective action after being required to do so under such provisions.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 4489 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute does not include a provision included in the introduced that required the TCEQ to issue a violation if an owner or operator fails to implement corrective actions to findings from TSSWCB's assessment of the water quality management plan.

The substitute includes provisions not included in the introduced that do the following:

· authorize the TCEQ by rule or order to require the owner of an applicable facility to modify the facility's water quality management plan or to take other corrective action as determined by the TCEQ; and

· require the TCEQ to issue a notice of violation if the facility's owner or operator does not modify the facility's water quality management plan or implement a corrective action after being required to do so by the TCEQ.