By Counts                                             H.B. No. 1230
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain pollution control and to soil and water
    1-3  conservation land improvement measures.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 201.026, Agriculture Code, is amended to
    1-6  read as follows:
    1-7        Sec. 201.026.  Nonpoint Source Pollution.  (a)  The state
    1-8  board is the lead agency in this state for activity relating to
    1-9  abating agricultural and silvicultural nonpoint source pollution.
   1-10  The state board shall plan, implement, and manage programs and
   1-11  practices for abating agricultural and silvicultural nonpoint
   1-12  source pollution.  Other state agencies with responsibility for
   1-13  abating agricultural and silvicultural source pollution shall
   1-14  coordinate any abatement programs and activities with the state
   1-15  board.
   1-16        (b)  The state board shall represent the state before the
   1-17  federal Environmental Protection Agency on a matter relating to
   1-18  agricultural or silvicultural nonpoint source pollution.
   1-19        (c)  In an area that the state board identifies as having
   1-20  agricultural or silvicultural nonpoint source water quality
   1-21  problems or having the potential to develop nonpoint source water
   1-22  quality problems, the state board shall establish a water quality
   1-23  management plan certification program that provides, through local
    2-1  soil and water conservation districts, for the development,
    2-2  supervision, and monitoring of individual water quality management
    2-3  plans for agricultural and silvicultural lands.  Each plan must be
    2-4  developed and maintained under rules and standards adopted by the
    2-5  state board.  The state board shall certify a plan that satisfies
    2-6  the state board's rules and standards.  An agricultural or
    2-7  silvicultural operation with a certified water quality management
    2-8  plan is not required to satisfy additional water quality standards
    2-9  under Chapter 26, Water Code, if the state board determines that
   2-10  the implementation schedule and operation and maintenance
   2-11  activities are as required by the plan.
   2-12        (d)  A person complaining of a violation of a water quality
   2-13  management plan or of a law or rule relating to agricultural or
   2-14  silvicultural nonpoint source pollution shall direct the complaint
   2-15  to the state board.  The state board, in cooperation with the local
   2-16  soil and water conservation district, shall provide for the
   2-17  investigation of the complaint.  On completion of the
   2-18  investigation, the state board, in consultation with the soil and
   2-19  water conservation district, either shall determine that further
   2-20  action is not warranted or shall develop and implement a solution
   2-21  to address the complaint.  If the person about whom the complaint
   2-22  has been made refuses to take corrective action, the person is not
   2-23  considered to be operating within established water quality
   2-24  standards under Chapter 26, Water Code, solely because of the
   2-25  existence of a certified water quality management plan.
    3-1        SECTION 2.  Chapter 201, Agriculture Code, is amended by
    3-2  adding Subchapter I to read as follows:
    3-3       SUBCHAPTER I.  COST-SHARE ASSISTANCE PROGRAM FOR SOIL AND
    3-4             WATER CONSERVATION LAND IMPROVEMENT MEASURES
    3-5        Sec. 201.301.  CREATION OF PROGRAM.  The state board shall
    3-6  administer a cost-share assistance program for soil and water
    3-7  conservation land improvement measures.
    3-8        Sec. 201.302.  USE OF FUNDS.  (a)  The state board may
    3-9  provide cost-share assistance to landowners or operators for the
   3-10  installation of soil and water conservation land improvement
   3-11  measures consistent with the purpose of controlling erosion,
   3-12  conserving water, or protecting water quality.
   3-13        (b)  The state board may employ and contract with and provide
   3-14  for the compensation of personnel and may take any other action
   3-15  necessary to implement this subchapter.
   3-16        (c)  The state board may reimburse a conservation district
   3-17  for a reasonable cost the district incurs in administering this
   3-18  subchapter.
   3-19        Sec. 201.303.  ALLOCATION OF FUNDS.  (a)  The state board may
   3-20  allocate funds under this subchapter among particular soil and
   3-21  water conservation land improvement measures or among areas of the
   3-22  state for each of the purposes provided by Section 201.302 of this
   3-23  code.
   3-24        (b)  The state board may allocate funds among conservation
   3-25  districts to pay the state's share of the costs of installing
    4-1  eligible soil and water conservation land improvement measures on
    4-2  agricultural lands within the districts and may adjust allocations
    4-3  as needs change in order to achieve the most efficient use of
    4-4  funds.
    4-5        (c)  A conservation district may submit a request for an
    4-6  allocation of cost-share assistance funds to the state board.  A
    4-7  request must be submitted in the manner provided by the state
    4-8  board.
    4-9        (d)  The state board shall set priorities for allocation of
   4-10  cost-share assistance funds consistent with the purposes provided
   4-11  by Section 201.302 of this code.  The state board may consider
   4-12  local priorities and needs in establishing priorities.
   4-13        Sec. 201.304.  ELIGIBILITY FOR COST-SHARE ASSISTANCE.  As a
   4-14  condition for assistance under this subchapter, the state board may
   4-15  require that a person:
   4-16              (1)  own or operate agricultural land within the
   4-17  boundaries of the conservation district providing cost-share
   4-18  assistance;
   4-19              (2)  have a conservation plan approved by the
   4-20  conservation district covering the land for which a soil and water
   4-21  conservation land improvement measure is proposed; and
   4-22              (3)  include in the conservation plan practices for
   4-23  which cost-share assistance is proposed.
   4-24        Sec. 201.305.  ELIGIBLE SOIL AND WATER CONSERVATION LAND
   4-25  IMPROVEMENT MEASURES.  (a)  Soil and water conservation land
    5-1  improvement measures eligible for cost-share assistance shall be
    5-2  determined by the state board and must be consistent with the
    5-3  purposes provided by Section 201.302 of this code.  The state board
    5-4  may consider local priorities and needs in determining eligible
    5-5  measures.
    5-6        (b)  Each conservation district receiving an allocation of
    5-7  cost-share assistance funds shall designate the soil and water
    5-8  conservation land improvement measures that are eligible for
    5-9  cost-share assistance within its boundaries, subject to approval by
   5-10  the state board.
   5-11        Sec. 201.306.  APPLICATION FOR COST-SHARE ASSISTANCE.  An
   5-12  application for cost-share assistance may be made on forms provided
   5-13  by the state board or by other means approved by the state board.
   5-14        Sec. 201.307.  APPROVAL OF APPLICATION.  (a)  A conservation
   5-15  district may approve an application for cost-share assistance if
   5-16  the soil and water conservation land improvement measure is
   5-17  consistent with the purposes provided by Section 201.302 of this
   5-18  code and the priorities established by the state board under
   5-19  Section 201.303 of this code.
   5-20        (b)  A conservation district may not approve applications for
   5-21  cost-share assistance funds in excess of the funds allocated to the
   5-22  conservation district by the state board.
   5-23        Sec. 201.308.  COST-SHARE RATE.  (a)  The state board shall
   5-24  establish the cost-share rates for all eligible soil and water
   5-25  conservation land improvement measures.
    6-1        (b)  The state board may not bear more than 75 percent of the
    6-2  cost of a soil and water conservation land improvement measure.
    6-3        (c)  A person may not receive cost-share assistance for a
    6-4  soil and water conservation land improvement measure if the person
    6-5  is simultaneously receiving cost-share assistance for the measure
    6-6  from another source.
    6-7        (d)  The state board may grant an exception to Subsection (b)
    6-8  of this section if the board finds the higher share is necessary to
    6-9  obtain adequate implementation of a certain soil and water
   6-10  conservation land improvement measure.
   6-11        (e)  The state board may grant an exception to Subsection (c)
   6-12  of this section if the state board finds that participation with
   6-13  another cost-share assistance program will:
   6-14              (1)  enhance the efficiency and effectiveness of a soil
   6-15  and water conservation land improvement measure; and
   6-16              (2)  lessen the state's financial commitment to the
   6-17  soil and water conservation land improvement measure.
   6-18        Sec. 201.309.  STANDARDS AND SPECIFICATIONS.  The state board
   6-19  shall establish standards and specifications for soil and water
   6-20  conservation land improvement measures eligible for cost-share
   6-21  assistance.
   6-22        Sec. 201.310.  COST-SHARE PAYMENTS. (a)  The state board
   6-23  shall make each cost-share assistance payment directly to an
   6-24  eligible person.
   6-25        (b)  Before making a payment to an eligible person for a soil
    7-1  and water conservation land improvement measure, the state board
    7-2  may require certification by the conservation district in which the
    7-3  measure has been installed to determine if the measure has been
    7-4  completely installed and satisfies the standards and specifications
    7-5  established by the state board.
    7-6        Sec. 201.311.  DESIGNATION OF LOCAL DISTRICTS.  The state
    7-7  board may designate one or more conservation districts to
    7-8  administer this subchapter locally.
    7-9        SECTION 3.  The importance of this legislation and the
   7-10  crowded condition of the calendars in both houses create an
   7-11  emergency and an imperative public necessity that the
   7-12  constitutional rule requiring bills to be read on three several
   7-13  days in each house be suspended, and this rule is hereby suspended,
   7-14  and that this Act take effect and be in force from and after its
   7-15  passage, and it is so enacted.