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.