81R26656 JAM-F
By: Ogden S.B. No. 1693
Substitute the following for S.B. No. 1693:
By: Legler C.S.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:
(1) a second complaint against a poultry facility
concerning odor associated with:
(A) the facility; or
(B) the application of poultry litter to land by
the poultry facility; or
(2) a complaint concerning odor from a poultry
facility at which the commission has substantiated odor nuisance
conditions in the previous 12 months.
(c) If after the investigation the commission determines
that a poultry facility is violating the terms of its air quality
authorization or is creating a nuisance, the commission shall issue
a notice of violation.
(d) The commission by rule or order shall require the owner
or operator of a poultry facility for which the commission has
issued three notices of violation under this section during a
12-month period to enter into a comprehensive compliance agreement
with the commission. The compliance agreement must include an odor
control plan that the executive director determines is sufficient
to control odors.
(e) The owner or operator of a new poultry facility shall
complete a poultry facility training course on the prevention of
poultry facility odor nuisances from the poultry science unit of
the Texas AgriLife Extension Service not later than the 90th day
after the date the facility first accepts poultry to raise. The
owner or operator of a new poultry facility shall maintain records
of the training and make the records available to the commission for
inspection.
(f) The poultry science unit of the Texas AgriLife Extension
Service may charge an owner or operator of a poultry facility a
training fee to offset the direct cost of providing the training.
SECTION 2. Section 26.302, Water Code, is amended by adding
Subsections (b-2) and (b-3) to read as follows:
(b-2) The State Soil and Water Conservation Board in
consultation with the Texas Commission on Environmental Quality by
rule shall establish criteria to determine the geographic,
seasonal, and agronomic factors that the board will consider to
determine whether a persistent nuisance odor condition is likely to
occur when assessing the siting and construction of new poultry
facilities.
(b-3) The State Soil and Water Conservation Board may not
certify a water quality management plan for a poultry facility
located less than one-half of one mile from a business, off-site
permanently inhabited residence, or place of worship if the
presence of the facility is likely to create a persistent odor
nuisance for such neighbors, unless the poultry facility provides
an odor control plan the executive director determines is
sufficient to control odors. This subsection does not apply to:
(1) a revision of a previously certified and existing
water quality management plan unless the revision is necessary
because of an increase in poultry production of greater than 50
percent than the amount included in the existing certified water
quality management plan for the facility; or
(2) any poultry facility located more than one-half of
one mile from a surrounding business, permanently inhabited
off-site residence, or place of worship established before the date
of construction of the poultry facility.
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 off-site 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
identified by the purchaser or transferee;
(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
land 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 applied to land. The landowner or
the owner's tenant or agent shall note on the document the date or
dates on which the poultry litter was applied to land.
(c) Subsection (b) does not apply to poultry litter that is:
(1) taken to a composting facility;
(2) used as a bio-fuel;
(3) used in a bio-gasification process; or
(4) otherwise beneficially used without being applied
to land.
Sec. 26.305. INSPECTION OF RECORDS. The commission may
inspect any record required to be maintained under this subchapter.
SECTION 4. The change in law made by Section 382.068(e),
Health and Safety Code, as added by this Act, applies only to an
owner or operator of a poultry facility the construction of which
begins on or after the effective date of this Act. An owner or
operator of a poultry facility the construction of which began
before the effective date of this Act is governed by the law in
effect at the time the construction of the facility began, and the
former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2009.