HBA-JLV S.B. 1339 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1339 By: Ogden Natural Resources 4/24/2001 Engrossed BACKGROUND AND PURPOSE Recently, many landowners in East Texas have become contract poultry facility operators (operators). While most contracts require operators to have a land management plan, concerns have been raised about poultry waste, odors, and the effect of poultry operations on water quality. Currently, the State Soil and Water Conservation Board (board) operates a voluntary water quality management program to aid producers in developing, implementing, and maintaining site-specific management plans to improve or conserve water resources. In addition, many operators are considered animal feeding operations, rather than confined animal feeding operations, which means they are not required to have a permit from the Texas Natural Resource Conservation Commission. Senate Bill 1339 requires all poultry operators to implement and maintain a water quality management plan certified by the board. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly granted to the State Soil and Water Conservation Board and to the Texas Natural Resource Conservation Commission in SECTION 2 of this bill. ANALYSIS Senate Bill 1339 amends the Water Code to require a person who owns or operates a poultry facility to implement and maintain a water quality management plan for the facility that is certified by the State Soil and Water Conservation Board (board). The bill sets forth a schedule for when a facility is required to submit the plan to the board. The bill authorizes the Texas Natural Resource Conservation Commission (TNRCC) to bring a cause of action to remedy or prevent a violation of these provisions. The bill requires the board and TNRCC to adopt rules regarding the certification of water quality management plans for poultry facilities and other rules necessary to implement and administer these provisions. The bill prohibits a poultry operation from being designated as a point source of pollution unless the poultry operation meets the requirements for designation as a point of pollution under certain provisions and TNRCC rules. EFFECTIVE DATE September 1, 2001. Provisions relating to the implementation and maintenance of the water quality management plan take effect January 1, 2002.