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.