By: Sims S.B. No. 502 73R5773 CAS-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain powers and duties of the State Soil and Water 1-3 Conservation Board. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Sections 26.0135(a), (c), (d), and (h), Water 1-6 Code, are amended to read as follows: 1-7 (a) The commission shall ensure the comprehensive regional 1-8 assessment of water quality in each watershed and river basin of 1-9 the state. An assessment involving agricultural or silvicultural 1-10 nonpoint source pollution shall be coordinated with local soil and 1-11 water conservation districts and the State Soil and Water 1-12 Conservation Board through the state board. In order to conserve 1-13 public funds and avoid duplication of effort, river authorities 1-14 shall, to the greatest extent possible and under the supervision of 1-15 the commission, conduct regional assessments of their own 1-16 watersheds. The commission, either directly or through cooperative 1-17 agreements and contracts with local governments, shall conduct 1-18 regional assessments of watersheds where a river authority is 1-19 unable to perform an adequate assessment of its own watershed. The 1-20 assessment must include a review of wastewater discharges, nonpoint 1-21 source pollution, nutrient loading, toxic materials, biological 1-22 health of aquatic life, public education and involvement in water 1-23 quality issues, local and regional pollution prevention efforts, 1-24 and other factors that affect water quality within the watershed. 2-1 The assessment shall also review any significant regulatory or 2-2 enforcement issues affecting the watershed. The assessment 2-3 required by this section is a continuing duty, and the assessment 2-4 shall be revised as necessary to show changes in the factors 2-5 subject to assessment. 2-6 (c) The purpose of the assessment required by this section 2-7 is not to mandate exhaustive and detailed water quality studies, 2-8 but rather to identify significant issues affecting water quality 2-9 within each watershed and river basin of the state and to provide 2-10 sufficient information for the commission, the State Soil and Water 2-11 Conservation Board, river authorities, and other governmental 2-12 bodies to take appropriate corrective action necessary to maintain 2-13 and improve the quality of the state's water resources. The 2-14 commission shall establish by rule the level of detail required for 2-15 each watershed and river basin assessment. 2-16 (d) On or before October 1 of each even-numbered year, each 2-17 river authority shall report in writing to the governor, 2-18 commission, State Soil and Water Conservation Board, and Parks and 2-19 Wildlife Department on the water quality assessment of the 2-20 authority's watershed, including an identification of any 2-21 significant regulatory or enforcement issues, and on any actions 2-22 taken by the authority and other local governments to improve water 2-23 quality within the authority's watershed. The assessment report 2-24 must identify each legal, administrative, economic, or other 2-25 impediment to further water quality efforts by the authority and 2-26 local governments. The commission shall then prepare a report that 2-27 summarizes each river authority's assessment report, describes the 3-1 commission's regional water quality assessment efforts, and lists 3-2 the commission's past and proposed actions for improving water 3-3 quality within the watersheds subject to such assessments. The 3-4 commission shall submit its report, along with the commission's 3-5 comments and recommendations on regional water quality management, 3-6 to the governor, the lieutenant governor, and the speaker of the 3-7 house of representatives on or before December 1 of each 3-8 even-numbered year. 3-9 (h) The Texas Water Commission shall apportion, assess, and 3-10 recover the reasonable costs of administering water quality 3-11 management programs under this section from all users of water and 3-12 wastewater permit holders in the watershed according to the records 3-13 of the commission generally in proportion to their right, through 3-14 permit or contract, to use water from and discharge wastewater in 3-15 the watershed. The commission shall reimburse the State Soil and 3-16 Water Conservation Board for the state board's costs of 3-17 administering water quality management programs under this section 3-18 that are the board's responsibility under this chapter or Section 3-19 201.026, Agriculture Code. The cost to river authorities and 3-20 others to conduct regional water quality assessment shall be 3-21 subject to prior review and approval by the commission as to 3-22 methods of allocation and total amount to be recovered. The 3-23 commission shall adopt rules to supervise and implement the water 3-24 quality assessment and associated costs. The rules shall ensure 3-25 that water users and wastewater dischargers do not pay excessive 3-26 amounts, that a river authority may recover no more than the actual 3-27 costs of administering the water quality management programs called 4-1 for in this section, and that no municipality shall be assessed 4-2 cost for any efforts that duplicate water quality management 4-3 activities described in Section 26.177 of this chapter. 4-4 SECTION 2. Section 26.0136, Water Code, is amended to read 4-5 as follows: 4-6 Sec. 26.0136. Regional Water Quality Implementation. The 4-7 commission is the agency with primary responsibility for 4-8 implementation of regional water quality management functions, 4-9 including enforcement actions, within the state. The commission by 4-10 rule shall coordinate the water quality responsibilities of river 4-11 authorities within each watershed and shall, where appropriate, 4-12 delegate water quality functions to local governments under Section 4-13 26.175 of this code. The State Soil and Water Conservation Board 4-14 shall coordinate and administer all programs for abating 4-15 agricultural or silvicultural nonpoint source pollution, as 4-16 provided by Section 201.026, Agriculture Code. Nothing in this 4-17 section is intended to enlarge, diminish, or supersede the water 4-18 quality powers, including enforcement authority, authorized by law 4-19 for river authorities, the State Soil and Water Conservation Board, 4-20 and local governments. For purposes of this section, river 4-21 authority shall have the same meaning as that contained in Section 4-22 26.0135(i) of this code. 4-23 SECTION 3. Section 26.121(a), Water Code (effective until 4-24 delegation of NPDES permit authority to the Texas Natural Resource 4-25 Conservation Commission), is amended to read as follows: 4-26 (a) Except as authorized by a rule, permit, or order issued 4-27 by the commission, no person may: 5-1 (1) discharge sewage, municipal waste, recreational 5-2 waste, agricultural waste, or industrial waste into or adjacent to 5-3 any water in the state; 5-4 (2) discharge other waste into or adjacent to any 5-5 water in the state which in itself or in conjunction with any other 5-6 discharge or activity causes, continues to cause, or will cause 5-7 pollution of any of the water in the state, unless the discharge is 5-8 under the State Soil and Water Conservation Board's jurisdiction, 5-9 as provided by Section 201.026, Agriculture Code; or 5-10 (3) commit any other act or engage in any other 5-11 activity which in itself or in conjunction with any other discharge 5-12 or activity causes, continues to cause, or will cause pollution of 5-13 any of the water in the state, unless the activity is under the 5-14 jurisdiction of the Parks and Wildlife Department, the General Land 5-15 Office, the State Soil and Water Conservation Board, or the 5-16 Railroad Commission of Texas, in which case this subdivision does 5-17 not apply. 5-18 SECTION 4. Section 26.121(a), Water Code (effective upon 5-19 delegation of NPDES permit authority to the Texas Natural Resource 5-20 Conservation Commission), is amended to read as follows: 5-21 (a) Except as authorized by the commission, no person may: 5-22 (1) discharge sewage, municipal waste, recreational 5-23 waste, agricultural waste, or industrial waste into or adjacent to 5-24 any water in the state; 5-25 (2) discharge other waste into or adjacent to any 5-26 water in the state which in itself or in conjunction with any other 5-27 discharge or activity causes, continues to cause, or will cause 6-1 pollution of any of the water in the state, unless the discharge is 6-2 under the State Soil and Water Conservation Board's jurisdiction, 6-3 as provided by Section 201.026, Agriculture Code; or 6-4 (3) commit any other act or engage in any other 6-5 activity which in itself or in conjunction with any other discharge 6-6 or activity causes, continues to cause, or will cause pollution of 6-7 any of the water in the state, unless the activity is under the 6-8 jurisdiction of the Parks and Wildlife Department, the General Land 6-9 Office, the State Soil and Water Conservation Board, or the 6-10 Railroad Commission of Texas, in which case this subdivision does 6-11 not apply. 6-12 SECTION 5. Subchapter D, Chapter 26, Water Code, is amended 6-13 by adding Section 26.1311 to read as follows: 6-14 Sec. 26.1311. DUTY OF STATE SOIL AND WATER CONSERVATION 6-15 BOARD. The State Soil and Water Conservation Board and its 6-16 authorized agents are responsible for the control, abatement, and 6-17 prevention of pollution of surface and subsurface water resulting 6-18 from agricultural or silvicultural nonpoint source pollution, as 6-19 provided by Section 201.026, Agriculture Code. 6-20 SECTION 6. This Act takes effect September 1, 1993. 6-21 SECTION 7. The importance of this legislation and the 6-22 crowded condition of the calendars in both houses create an 6-23 emergency and an imperative public necessity that the 6-24 constitutional rule requiring bills to be read on three several 6-25 days in each house be suspended, and this rule is hereby suspended.