Texas 2023 - 88th Regular

Texas House Bill HB2827 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R4472 MP-F
2	2	By: Burns, Slawson, Spiller, Rogers H.B. No. 2827
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the permitting of and performance of annual soil tests
8	8	for certain concentrated animal feeding operations by the Texas
9	9	Commission on Environmental Quality.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 26.503, Water Code, is amended by
12	12	amending Subsections (a), (b), and (f) and adding Subsection (g) to
13	13	read as follows:
14	14	(a) The commission may authorize the construction or
15	15	operation of a new concentrated animal feeding operation, or an
16	16	increase in the animals confined under an existing operation, only
17	17	by a new or amended general [individual] permit.
18	18	(b) The general [individual] permit issued or amended under
19	19	Subsection (a) must:
20	20	(1) provide for management and disposal of waste in
21	21	accordance with Subchapter B, Chapter 321, Title 30, Texas
22	22	Administrative Code;
23	23	(2) require that 100 percent of the collectible manure
24	24	produced by the additional animals in confinement at an expanded
25	25	operation or all of the animals in confinement at a new operation
26	26	must be:
27	27	(A) disposed of or used outside of the watershed;
28	28	(B) delivered to a composting facility approved
29	29	by the executive director;
30	30	(C) applied as directed by the commission to a
31	31	waste application field owned or controlled by the owner of the
32	32	concentrated animal feeding operation, if the field is not a
33	33	historical waste application field;
34	34	(D) put to another beneficial use approved by the
35	35	executive director; or
36	36	(E) applied to a historical waste application
37	37	field that is owned or operated by the owner or operator of the
38	38	concentrated animal feeding operation only if:
39	39	(i) results of representative composite
40	40	soil sampling conducted at the waste application field and filed
41	41	with the commission show that the waste application field contains
42	42	200 or fewer parts per million of extractable phosphorus (reported
43	43	as P); or
44	44	(ii) the manure is applied, with commission
45	45	approval, in accordance with a detailed nutrient utilization plan
46	46	approved by the commission that is developed by:
47	47	(a) an employee of the United States
48	48	Department of Agriculture's Natural Resources Conservation
49	49	Service;
50	50	(b) a nutrient management specialist
51	51	certified by the United States Department of Agriculture's Natural
52	52	Resources Conservation Service;
53	53	(c) the State Soil and Water
54	54	Conservation Board;
55	55	(d) the Texas A&M AgriLife
56	56	[Agricultural] Extension Service;
57	57	(e) an agronomist or soil scientist on
58	58	the full-time staff of an accredited university located in this
59	59	state; or
60	60	(f) a professional agronomist or soil
61	61	scientist certified by the American Society of Agronomy.
62	62	(f) This section does not limit the commission's authority
63	63	to include in a [an individual or] general permit under this chapter
64	64	provisions necessary to protect a water resource in this state.
65	65	(g) This subsection applies only to an operator of a
66	66	concentrated animal feeding operation. The commission by rule or
67	67	as a condition of a general permit issued under this section:
68	68	(1) may not require an operator to receive training on
69	69	animal waste management; and
70	70	(2) shall require an operator to retain and submit to
71	71	the commission on request a record of:
72	72	(A) the amount of manure, litter, or wastewater
73	73	from the operation applied to a third-party waste application
74	74	field, including the location of the application and the name of the
75	75	third party; and
76	76	(B) the results of a testing analysis of a soil
77	77	sample performed on behalf of the operator.
78	78	SECTION 2. Section 26.504, Water Code, is amended by
79	79	amending Subsection (a) and adding Subsection (f) to read as
80	80	follows:
81	81	(a) The commission shall collect one or more representative
82	82	composite soil samples from each permitted waste application field
83	83	associated with a concentrated animal feeding operation. The
84	84	commission shall perform the sampling under this subsection not
85	85	less often than once every 12 months. Sampling results obtained by
86	86	the commission shall be used by the permitted concentrated animal
87	87	feeding operator to satisfy any annual sampling of permitted waste
88	88	application fields required by commission rule or general
89	89	[individual] permit.
90	90	(f) A general permit described by Section 26.503(g):
91	91	(1) must specify that required soil samples be taken
92	92	at depths of zero to six inches;
93	93	(2) must require soil sample results to be included in
94	94	the annual report provided to the commission; and
95	95	(3) may not require soil sampling of a third-party
96	96	waste application field.
97	97	SECTION 3. The following provisions of the Water Code are
98	98	repealed:
99	99	(1) Section 26.503(d); and
100	100	(2) Section 26.504(c).
101	101	SECTION 4. This Act takes effect September 1, 2023.