By: Sims S.B. No. 503 A BILL TO BE ENTITLED AN ACT 1-1 relating to certain pollution control and to soil and water 1-2 conservation land improvement measures. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 201.026, Agriculture Code, is amended to 1-5 read as follows: 1-6 Sec. 201.026. NONPOINT SOURCE POLLUTION. (a) The state 1-7 board is the lead agency in this state for activity relating to 1-8 abating agricultural and silvicultural nonpoint source pollution. 1-9 The state board shall plan, implement, and manage programs and 1-10 practices for abating agricultural and silvicultural nonpoint 1-11 source pollution. Other state agencies with responsibility for 1-12 abating agricultural and silvicultural nonpoint source pollution 1-13 shall coordinate any abatement programs and activities with the 1-14 state board. 1-15 (b) The state board shall represent the state before the 1-16 federal Environmental Protection Agency or other federal agencies 1-17 on a matter relating to agricultural or silvicultural nonpoint 1-18 source pollution. Nothing herein shall impair the ability of the 1-19 General Land Office to represent the state before any federal 1-20 agency in matters relating to the state's participation in the 1-21 federal coastal zone management program. Nothing herein shall 1-22 impair the ability of the Texas Natural Resource Conservation 1-23 Commission to represent the state before any federal agency in 2-1 matters relating to the state's overall participation in the 2-2 Federal Water Pollution Control Act (33 U.S.C. Section 1251 et 2-3 seq.). 2-4 (c) In an area that the state board identifies as having or 2-5 having the potential to develop agricultural or silvicultural 2-6 nonpoint source water quality problems or an area within the 2-7 "coastal zone" designated by the Coastal Coordination Council, the 2-8 state board shall establish a water quality management plan 2-9 certification program that provides, through local soil and water 2-10 conservation districts, for the development, supervision, and 2-11 monitoring of individual water quality management plans for 2-12 agricultural and silvicultural lands. Each plan must be developed, 2-13 maintained, and implemented under rules and criteria adopted by the 2-14 state board and comply with state water quality standards 2-15 established by the Texas Natural Resource Conservation Commission. 2-16 The state board shall certify a plan that satisfies the state 2-17 board's rules and criteria and complies with state water quality 2-18 standards established by the Texas Natural Resource Conservation 2-19 Commission. The Texas Natural Resource Conservation Commission has 2-20 the sole and exclusive authority to set water quality standards for 2-21 all water in the state. 2-22 (d) Complaints concerning a violation of a water quality 2-23 management plan or a violation of a law or rule relating to 2-24 agricultural or silvicultural nonpoint source pollution under the 2-25 jurisdiction of the state board shall be referred to the state 3-1 board. The state board, in cooperation with the local soil and 3-2 water conservation district, shall investigate the complaint. On 3-3 completion of the investigation, the state board, in consultation 3-4 with the soil and water conservation district, either shall 3-5 determine that further action is not warranted or shall develop and 3-6 implement a corrective action plan to address the complaint. If 3-7 the person about whom the complaint has been made fails or refuses 3-8 to take corrective action, the state board shall refer the 3-9 complaint to the Texas Natural Resource Conservation Commission. 3-10 SECTION 2. Chapter 201, Agriculture Code, is amended by 3-11 adding Subchapter I to read as follows: 3-12 SUBCHAPTER I. COST-SHARE ASSISTANCE PROGRAM 3-13 FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES 3-14 Sec. 201.301. CREATION OF PROGRAM. The state board shall 3-15 administer a cost-share assistance program for soil and water 3-16 conservation land improvement measures. 3-17 Sec. 201.302. USE OF FUNDS. (a) The state board may 3-18 provide cost-share assistance to landowners or operators for the 3-19 installation of soil and water conservation land improvement 3-20 measures consistent with the purpose of controlling erosion, 3-21 conserving water, or protecting water quality. 3-22 (b) The state board may employ and contract with and provide 3-23 for the compensation of personnel and may take any other action 3-24 necessary to implement this subchapter. 3-25 (c) The state board may reimburse a conservation district 4-1 for the reasonable costs the district incurs in administering this 4-2 subchapter. 4-3 Sec. 201.303. ALLOCATION OF FUNDS. (a) The state board may 4-4 allocate funds under this subchapter among particular soil and 4-5 water conservation land improvement measures or among areas of the 4-6 state for each of the purposes provided by Section 201.302 of this 4-7 code. 4-8 (b) The state board may allocate funds among conservation 4-9 districts to pay the state's share of the costs of installing 4-10 eligible soil and water conservation land improvement measures on 4-11 agricultural lands within the districts and may adjust allocations 4-12 as needs change in order to achieve the most efficient use of 4-13 funds. 4-14 (c) A conservation district may submit a request for an 4-15 allocation of cost-share assistance funds to the state board. A 4-16 request must be submitted in the manner provided by the state 4-17 board. 4-18 (d) The state board shall set priorities for allocation of 4-19 cost-share assistance funds consistent with the purposes provided 4-20 by Section 201.302 of this code. The state board may consider 4-21 local priorities and needs in establishing priorities. 4-22 Sec. 201.304. ELIGIBILITY FOR COST-SHARE ASSISTANCE. As a 4-23 condition for assistance under this subchapter, the state board may 4-24 require that a person: 4-25 (1) own or operate agricultural land within the 5-1 boundaries of the conservation district providing cost-share 5-2 assistance; 5-3 (2) have a conservation plan approved by the 5-4 conservation district covering the land for which a soil and water 5-5 conservation land improvement measure is proposed; and 5-6 (3) include in the conservation plan practices for 5-7 which cost-share assistance is proposed. 5-8 Sec. 201.305. ELIGIBLE SOIL AND WATER CONSERVATION LAND 5-9 IMPROVEMENT MEASURES. (a) Soil and water conservation land 5-10 improvement measures eligible for cost-share assistance shall be 5-11 determined by the state board and must be consistent with the 5-12 purposes provided by Section 201.302 of this code. The state board 5-13 may consider local priorities and needs in determining eligible 5-14 measures. 5-15 (b) Each conservation district receiving an allocation of 5-16 cost-share assistance funds shall designate the soil and water 5-17 conservation land improvement measures that are eligible for 5-18 cost-share assistance within its boundaries, subject to approval by 5-19 the state board. 5-20 Sec. 201.306. APPLICATION FOR COST-SHARE ASSISTANCE. An 5-21 application for cost-share assistance may be made on forms provided 5-22 by the state board or by other means approved by the state board. 5-23 Sec. 201.307. APPROVAL OF APPLICATION. (a) A conservation 5-24 district may approve an application for cost-share assistance if 5-25 the soil and water conservation land improvement measure is 6-1 consistent with the purposes provided by Section 201.302 of this 6-2 code and the priorities established by the state board under 6-3 Section 201.303 of this code. 6-4 (b) A conservation district may not approve applications for 6-5 cost-share assistance funds in excess of the funds allocated to the 6-6 conservation district by the state board. 6-7 Sec. 201.308. COST-SHARE RATES. (a) The state board shall 6-8 establish the cost-share rates for all eligible soil and water 6-9 conservation land improvement measures. 6-10 (b) The state board may not bear more than 75 percent of the 6-11 cost of a soil and water conservation land improvement measure. 6-12 (c) A person may not receive cost-share assistance for a 6-13 soil and water conservation land improvement measure if the person 6-14 is simultaneously receiving cost-share assistance for the measure 6-15 from another source. 6-16 (d) The state board may grant an exception to Subsection (b) 6-17 of this section if the state board finds the higher share is 6-18 necessary to obtain adequate implementation of a certain soil and 6-19 water conservation land improvement measure. 6-20 (e) The state board may grant an exception to Subsection (c) 6-21 of this section if the state board finds that participation with 6-22 another cost-share assistance program will: 6-23 (1) enhance the efficiency and effectiveness of a soil 6-24 and water conservation land improvement measure; and 6-25 (2) lessen the state's financial commitment to the 7-1 soil and water conservation land improvement measure. 7-2 Sec. 201.309. STANDARDS AND SPECIFICATIONS. The state board 7-3 shall establish standards and specifications for soil and water 7-4 conservation land improvement measures eligible for cost-share 7-5 assistance. 7-6 Sec. 201.310. COST-SHARE PAYMENTS. (a) The state board 7-7 shall make each cost-share assistance payment directly to an 7-8 eligible person. 7-9 (b) Before making a payment to an eligible person for a soil 7-10 and water conservation land improvement measure, the state board 7-11 may require certification by the conservation district in which the 7-12 measure has been installed to determine if the measure has been 7-13 completely installed and satisfies the standards and specifications 7-14 established by the state board. 7-15 Sec. 201.311. DESIGNATION OF LOCAL DISTRICTS. The state 7-16 board may designate one or more conservation districts to 7-17 administer this subchapter locally. 7-18 SECTION 3. Subsection (a), Section 26.121, Water Code 7-19 (effective until delegation of NPDES permit authority to the Texas 7-20 Natural Resource Conservation Commission), is amended to read as 7-21 follows: 7-22 (a) Except as authorized by a rule, permit, or order issued 7-23 by the commission, no person may: 7-24 (1) discharge sewage, municipal waste, recreational 7-25 waste, agricultural waste, or industrial waste into or adjacent to 8-1 any water in the state; 8-2 (2) discharge other waste into or adjacent to any 8-3 water in the state which in itself or in conjunction with any other 8-4 discharge or activity causes, continues to cause, or will cause 8-5 pollution of any of the water in the state, unless the discharge 8-6 complies with the person's certified water quality management plan 8-7 approved by the State Soil and Water Conservation Board as provided 8-8 by Section 201.026, Agriculture Code; or 8-9 (3) commit any other act or engage in any other 8-10 activity which in itself or in conjunction with any other discharge 8-11 or activity causes, continues to cause, or will cause pollution of 8-12 any of the water in the state, unless the activity is under the 8-13 jurisdiction of the Parks and Wildlife Department, the General Land 8-14 Office, or the Railroad Commission of Texas, in which case this 8-15 subdivision does not apply. 8-16 SECTION 4. Subsection (a), Section 26.121, Water Code 8-17 (effective upon delegation of NPDES permit authority to the Texas 8-18 Natural Resource Conservation Commission), is amended to read as 8-19 follows: 8-20 (a) Except as authorized by the commission, no person may: 8-21 (1) discharge sewage, municipal waste, recreational 8-22 waste, agricultural waste, or industrial waste into or adjacent to 8-23 any water in the state; 8-24 (2) discharge other waste into or adjacent to any 8-25 water in the state which in itself or in conjunction with any other 9-1 discharge or activity causes, continues to cause, or will cause 9-2 pollution of any of the water in the state, unless the discharge 9-3 complies with a person's certified water quality management plan 9-4 approved by the State Soil and Water Conservation Board as provided 9-5 by Section 201.026, Agriculture Code; or 9-6 (3) commit any other act or engage in any other 9-7 activity which in itself or in conjunction with any other discharge 9-8 or activity causes, continues to cause, or will cause pollution of 9-9 any of the water in the state, unless the activity is under the 9-10 jurisdiction of the Parks and Wildlife Department, the General Land 9-11 Office, or the Railroad Commission of Texas, in which case this 9-12 subdivision does not apply. 9-13 SECTION 5. Subchapter D, Chapter 26, Water Code, is amended 9-14 by adding Section 26.1311 to read as follows: 9-15 Sec. 26.1311. DUTY OF STATE SOIL AND WATER CONSERVATION 9-16 BOARD. The State Soil and Water Conservation Board and its 9-17 authorized agents are responsible for the abatement and prevention 9-18 of pollution resulting from agricultural or silvicultural nonpoint 9-19 source pollution as provided by Section 201.026, Agriculture Code. 9-20 SECTION 6. The importance of this legislation and the 9-21 crowded condition of the calendars in both houses create an 9-22 emergency and an imperative public necessity that the 9-23 constitutional rule requiring bills to be read on three several 9-24 days in each house be suspended, and this rule is hereby suspended, 9-25 and that this Act take effect and be in force from and after its 10-1 passage, and it is so enacted.