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 Sections 382.068 and 382.069 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 notify the commissioner of
agriculture not later than the fifth day after the date the
commission receives a complaint concerning odor associated with a
poultry facility if the commission has also received a separate
complaint concerning odors associated with another poultry
facility and:
(1) both poultry facilities are located not further
than 100 miles from the same poultry processing facility; and
(2) the complaints were received not more than 30 days
apart.
(c) On receipt of notification under Subsection (b), the
commissioner of agriculture shall:
(1) contact the poultry facilities that are the
subjects of the complaints and the associated poultry processing
facility; and
(2) coordinate with relevant agencies, poultry
facilities, and poultry operations as necessary to:
(A) identify the cause of the odor; and
(B) develop and implement an odor abatement plan
to eliminate the odor.
(d) The poultry facilities that are the subjects of the
complaints or the associated poultry processing facility shall pay
any costs, including costs to an agency of this state, that are
associated with the development of an odor abatement plan under
Subsection (c).
(e) Not later than three hours after receiving a complaint
concerning odor associated with a poultry facility or the
application of poultry litter, the commission shall respond to and
investigate the complaint if:
(1) the poultry facility or application of poultry
litter is located not more than 100 miles from a poultry processing
facility that commenced or expanded its operations less than 12
months preceding the date of the complaint; or
(2) the commission has received, during any 60-day
period, three or more complaints concerning odor associated with a
poultry facility or the application of poultry litter from at least
three different businesses or households located not further than
two miles from each other.
(f) 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 and enter into a comprehensive compliance
agreement with the facility.
Sec. 382.069. POULTRY FACILITY AIR CONTAMINANT PREVENTION
MEASURES. (a) In this section, "poultry facility" has the meaning
assigned by Section 26.301, Water Code.
(b) The commission by rule shall:
(1) require a poultry facility to submit to the
commission for approval a nuisance control plan detailing the
facility 's plans to control odors, dust, and other air
contaminants; and
(2) establish requirements for the submission and
approval of poultry facility nuisance control plans.
(c) A nuisance control plan required under commission rules
adopted under Subsection (b) must be submitted to the commission:
(1) before a new poultry facility begins operations;
or
(2) for a poultry facility operating as of the
effective date of the commission 's rules, not later than the 90th
day after that effective date.
(d) The commission may require changes to a plan submitted
under Subsection (c) if the executive director determines that the
plan is insufficient to control odors, dust, and other air
contaminants.
(e) A poultry processing facility that contracts with a
poultry facility, not later than the 60th day after the date the
contract is executed, shall provide the poultry facility with
training on the prevention of odor nuisances.
(f) A poultry processing facility shall maintain records of
the training required under Subsection (e) and make the records
available to the commission for inspection.
SECTION 2. 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 amount 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 record regarding:
(1) the location of the application of the poultry
litter;
(2) the date the poultry litter was applied; and
(3) the amount of poultry litter applied.
Sec. 26.305. INSPECTION OF RECORDS. The commission may
inspect any record required to be maintained under this subchapter.
SECTION 3. This Act takes effect September 1, 2009.