HBA-AMW H.B. 3023 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3023
By: Chisum
Natural Resources
7/27/2001
Enrolled



BACKGROUND AND PURPOSE 

The 76th Legislature enacted legislation that subjects an application for a
confined animal feeding operation (CAFO) to a contested case hearing if the
CAFO is sufficiently close to a sole-source surface drinking water supply
(water supply).  If the CAFO is not sufficiently close, permit applications
are generally subject to a less stringent permitting process.  However,
prior to the 77th Legislature, confusion existed over the vague meaning of
"sufficiently close" and the implementation of stricter regulations for
CAFOs near water supplies had been delayed.  House Bill 3023 clarifies
which CAFOs are sufficiently close to a water supply by requiring the Texas
Natural Resource Conservation Commission to designate a protection zone
around a water supply and specifies what constitutes a protection zone. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Natural Resource Conservation
Commission in SECTION 1 (Section 26.0286, Water Code) of this bill. 

ANALYSIS

House Bill 3023 amends the Water Code to require the Texas Natural Resource
Conservation Commission (TNRCC) to process an application for authorization
to construct or operate a concentrated animal feeding operation (CAFO) as a
specified permit if, on the date TNRCC determines that the application is
administratively complete, any part of a pen, lot, pond, or other type of
control or retention facility or structure of the CAFO is located or
proposed to be located within the protection zone of a sole-source surface
drinking water supply (water supply).  The bill requires the CAFO to be
located within the protection zone of a water supply, rather than in the
watershed of a water supply and sufficiently close to an intake of a public
water supply system in the water supply that contaminants discharged from
the CAFO could potentially affect the public drinking water supply.  The
bill provides that for procedures applicable to permits for CAFOs, a land
application area is not considered a control or retention facility. 

The bill requires TNRCC, when adopting rules to set water quality standards
for water in the state, to designate a surface water body as a water supply
if that surface water body is identified as a public water supply in rules
adopted by TNRCC and is the sole source of supply of a public water supply
system, exclusive of emergency water connections.  The bill requires TNRCC
to designate as a protection zone any area within the watershed of a water
supply that is: 

 _within two miles of the normal pool elevation of a body of surface water
that is a water supply; 

 _within two miles of that part of a perennial stream that is a tributary
of a water supply and within three linear miles upstream of the normal pool
elevation of a water supply; or 

 _within two miles of that part of a stream that is a water supply,
extending three linear miles upstream from the water supply intake. 
 H.B. 3023 requires TNRCC, not later than the 45th day after the effective
date of this bill, by order to identify surface water bodies that are
considered "sole-source drinking water supplies" for  the purpose of
processing an application for authorization to construct or operate a CAFO,
and requires TNRCC to designate the protection zones for those identified
water bodies.  The bill specifies that the order expires on the date on
which TNRCC adopts final rules regarding setting water quality standards
for water in the state. 

EFFECTIVE DATE

September 1, 2001.