88R17928 MP-F
By: Harris of Anderson H.B. No. 4489
Substitute the following for H.B. No. 4489:
By: Bell of Kaufman C.S.H.B. No. 4489
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.