HBA-AMW H.B. 3355 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3355 By: McReynolds Natural Resources 4/4/2001 Introduced BACKGROUND AND PURPOSE Many agricultural producers currently operate with a water quality management plan (plan) created by the State Soil and Water Conservation Board (board) to assist in protecting and preserving water supplies. Under current law, a person without a plan who intends to bury agricultural waste must follow the Texas Natural Resource Conservation Commission (TNRCC) guidelines for burial, including notifying TNRCC before each burial and deed recordation of property for each burial. House Bill 3355 requires the board to develop criteria for the proper burial of animal carcasses in plans for agricultural facilities. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 3355 amends the Agriculture Code to require a water quality management plan (plan) that covers agricultural land on which animal carcasses will be disposed of by burial to include provisions for siting criteria and appropriate management practices for the disposal of animal carcasses. If a water quality management plan includes provisions for the disposal of animal carcasses, the bill requires the plan to identify suitable locations for disposal based on site-specific factors including land use, soil conditions, or proximity to groundwater or surface water supplies. The bill requires the location of any suitable disposal area to be determined in a manner prescribed by the State Soil and Water Conservation Board (board). The bill exempts property that is the subject of and compliant with the provisions of a certified plan from any deed recordation requirements in state law or regulation related to the disposal or management of industrial solid waste. The bill authorizes the board to develop and certify a plan for any agricultural or silvicultural land at the request of the landowner. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.