| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to air quality complaints concerning and violations for |
|
|
odors emanating from poultry facilities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 382.068, Health and Safety Code, is |
|
|
amended by amending Subsection (d) and adding Subsection (d-1) to |
|
|
read as follows: |
|
|
(d) For each [The commission by rule or order shall require |
|
|
the owner or operator of a] poultry facility that has been the |
|
|
subject of three or more [for which the] commission investigations |
|
|
concerning complaints made [has issued three notices of violation] |
|
|
under this section during a 12-month period, the commission by rule |
|
|
or order: |
|
|
(1) shall require the owner or operator of the |
|
|
facility to undergo: |
|
|
(A) [to enter into] a comprehensive assessment by |
|
|
the State Soil and Water Conservation Board of the facility's water |
|
|
quality management plan implemented and maintained under Section |
|
|
26.302, Water Code; and |
|
|
(B) an evaluation by the State Soil and Water |
|
|
Conservation Board of the facility's [compliance agreement with the |
|
|
commission. The compliance agreement must include an] odor control |
|
|
plan to determine whether the odor control plan [that the executive |
|
|
director determines] is sufficient to control odors in accordance |
|
|
with standards established under Section 26.302(b-3), Water Code; |
|
|
(2) shall require the owner or operator of the |
|
|
facility to develop an odor control plan sufficient to control |
|
|
odors in accordance with standards established under Section |
|
|
26.302(b-3), Water Code, if the facility does not have an odor |
|
|
control plan provided under that section; and |
|
|
(3) may require the owner of the facility to: |
|
|
(A) modify the facility's water quality |
|
|
management plan; or |
|
|
(B) take other corrective action, as determined |
|
|
by the commission. |
|
|
(d-1) The commission shall issue a notice of violation if |
|
|
the owner or operator of the facility does not: |
|
|
(1) have an approved water quality management plan for |
|
|
the facility; |
|
|
(2) develop an odor control plan for the facility |
|
|
after being required to do so under Subsection (d)(2); or |
|
|
(3) modify the facility's water quality management |
|
|
plan or implement a corrective action after being required to do so |
|
|
under Subsection (d)(3). |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2023. |