BILL ANALYSIS

Senate Research Center	S.B. 2078
89R9246 DRS-F	By: Kolkhorst
	Water, Agriculture and Rural Affairs
	3/27/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Recently, an Austin-based company that services multi-family housing communities and businesses in the Austin, San Antonio, and Waco areas sought out property in Lee County in order to compost meat, fish, dead animal carcasses, oil, grease, dairy materials, manure, and other things from commercial, municipal, and institutional sources.

As a result, the community in and around the local area raised concerns with the proximity the facility will have to Yegua Creek, which feeds into Lake Somerville, the region's predominant drinking water source.

The resulting legislation makes it so that a county may prohibit the operation of a composting facility near a stream, drain, recharge feature, recharge area, or tributary that may constitute the source of water supply for any municipality.

As proposed, S.B. 2078 amends current law relating to the regulation of composting facilities by certain counties.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter B, Chapter 364, Health and Safety Code, by adding Section 364.020, as follows:

Sec. 364.020. COUNTY REGULATION OF COMPOSTING FACILITY LOCATION. (a) Provides that this section applies only to a county that does not contain a municipality that requires a restaurant to divert food waste from disposal in a landfill.

(b) Defines "composting facility."

(c) Authorizes a county to prohibit the operation of a composting facility within 3,281 feet of a stream, drain, recharge feature, recharge area, or tributary that may constitute or recharge the source of water supply of any municipality.

SECTION 2. Effective date: September 1, 2025.