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 source pollution shall 1-13 coordinate any abatement programs and activities with the state 1-14 board. 1-15 (b) The state board shall represent the state before the 1-16 federal Environmental Protection Agency on a matter relating to 1-17 agricultural or silvicultural nonpoint source pollution. 1-18 (c) In an area that the state board identifies as having 1-19 agricultural or silvicultural nonpoint source water quality 1-20 problems or having the potential to develop nonpoint source water 1-21 quality problems, the state board shall establish a water quality 1-22 management plan certification program that provides, through local 1-23 soil and water conservation districts, for the development, 2-1 supervision, and monitoring of individual water quality management 2-2 plans for agricultural and silvicultural lands. Each plan must be 2-3 developed and maintained under rules and standards adopted by the 2-4 state board. The state board shall certify a plan that satisfies 2-5 the state board's rules and standards. An agricultural or 2-6 silvicultural operation with a certified water quality management 2-7 plan is not required to satisfy additional water quality standards 2-8 under Chapter 26, Water Code, if the state board determines that 2-9 the implementation schedule and operation and maintenance 2-10 activities are as required by the plan. 2-11 (d) A person complaining of a violation of a water quality 2-12 management plan or of a law or rule relating to agricultural or 2-13 silvicultural nonpoint source pollution shall direct the complaint 2-14 to the state board. The state board, in cooperation with the local 2-15 soil and water conservation district, shall provide for the 2-16 investigation of the complaint. On completion of the 2-17 investigation, the state board, in consultation with the soil and 2-18 water conservation district, either shall determine that further 2-19 action is not warranted or shall develop and implement a solution 2-20 to address the complaint. If the person about whom the complaint 2-21 has been made refuses to take corrective action, the person is not 2-22 considered to be operating within established water quality 2-23 standards under Chapter 26, Water Code, solely because of the 2-24 existence of a certified water quality management plan. 2-25 SECTION 2. Chapter 201, Agriculture Code, is amended by 3-1 adding Subchapter I to read as follows: 3-2 SUBCHAPTER I. COST-SHARE ASSISTANCE PROGRAM FOR SOIL AND WATER 3-3 CONSERVATION LAND IMPROVEMENT MEASURES 3-4 Sec. 201.301. CREATION OF PROGRAM. The state board shall 3-5 administer a cost-share assistance program for soil and water 3-6 conservation land improvement measures. 3-7 Sec. 201.302. USE OF FUNDS. (a) The state board may 3-8 provide cost-share assistance to landowners or operators for the 3-9 installation of soil and water conservation land improvement 3-10 measures consistent with the purpose of controlling erosion, 3-11 conserving water, or protecting water quality. 3-12 (b) The state board may employ and contract with and provide 3-13 for the compensation of personnel and may take any other action 3-14 necessary to implement this subchapter. 3-15 (c) The state board may reimburse a conservation district 3-16 for a reasonable cost the district incurs in administering this 3-17 subchapter. 3-18 Sec. 201.303. ALLOCATION OF FUNDS. (a) The state board may 3-19 allocate funds under this subchapter among particular soil and 3-20 water conservation land improvement measures or among areas of the 3-21 state for each of the purposes provided by Section 201.302 of this 3-22 code. 3-23 (b) The state board may allocate funds among conservation 3-24 districts to pay the state's share of the costs of installing 3-25 eligible soil and water conservation land improvement measures on 4-1 agricultural lands within the districts and may adjust allocations 4-2 as needs change in order to achieve the most efficient use of 4-3 funds. 4-4 (c) A conservation district may submit a request for an 4-5 allocation of cost-share assistance funds to the state board. A 4-6 request must be submitted in the manner provided by the state 4-7 board. 4-8 (d) The state board shall set priorities for allocation of 4-9 cost-share assistance funds consistent with the purposes provided 4-10 by Section 201.302 of this code. The state board may consider 4-11 local priorities and needs in establishing priorities. 4-12 Sec. 201.304. ELIGIBILITY FOR COST-SHARE ASSISTANCE. As a 4-13 condition for assistance under this subchapter, the state board may 4-14 require that a person: 4-15 (1) own or operate agricultural land within the 4-16 boundaries of the conservation district providing cost-share 4-17 assistance; 4-18 (2) have a conservation plan approved by the 4-19 conservation district covering the land for which a soil and water 4-20 conservation land improvement measure is proposed; and 4-21 (3) include in the conservation plan practices for 4-22 which cost-share assistance is proposed. 4-23 Sec. 201.305. ELIGIBLE SOIL AND WATER CONSERVATION LAND 4-24 IMPROVEMENT MEASURES. (a) Soil and water conservation land 4-25 improvement measures eligible for cost-share assistance shall be 5-1 determined by the state board and must be consistent with the 5-2 purposes provided by Section 201.302 of this code. The state board 5-3 may consider local priorities and needs in determining eligible 5-4 measures. 5-5 (b) Each conservation district receiving an allocation of 5-6 cost-share assistance funds shall designate the soil and water 5-7 conservation land improvement measures that are eligible for 5-8 cost-share assistance within its boundaries, subject to approval by 5-9 the state board. 5-10 Sec. 201.306. APPLICATION FOR COST-SHARE ASSISTANCE. An 5-11 application for cost-share assistance may be made on forms provided 5-12 by the state board or by other means approved by the state board. 5-13 Sec. 201.307. APPROVAL OF APPLICATION. (a) A conservation 5-14 district may approve an application for cost-share assistance if 5-15 the soil and water conservation land improvement measure is 5-16 consistent with the purposes provided by Section 201.302 of this 5-17 code and the priorities established by the state board under 5-18 Section 201.303 of this code. 5-19 (b) A conservation district may not approve applications for 5-20 cost-share assistance funds in excess of the funds allocated to the 5-21 conservation district by the state board. 5-22 Sec. 201.308. COST-SHARE RATE. (a) The state board shall 5-23 establish the cost-share rates for all eligible soil and water 5-24 conservation land improvement measures. 5-25 (b) The state board may not bear more than 75 percent of the 6-1 cost of a soil and water conservation land improvement measure. 6-2 (c) A person may not receive cost-share assistance for a 6-3 soil and water conservation land improvement measure if the person 6-4 is simultaneously receiving cost-share assistance for the measure 6-5 from another source. 6-6 (d) The state board may grant an exception to Subsection (b) 6-7 of this section if the board finds the higher share is necessary to 6-8 obtain adequate implementation of a certain soil and water 6-9 conservation land improvement measure. 6-10 (e) The state board may grant an exception to Subsection (c) 6-11 of this section if the state board finds that participation with 6-12 another cost-share assistance program will: 6-13 (1) enhance the efficiency and effectiveness of a soil 6-14 and water conservation land improvement measure; and 6-15 (2) lessen the state's financial commitment to the 6-16 soil and water conservation land improvement measure. 6-17 Sec. 201.309. STANDARDS AND SPECIFICATIONS. The state board 6-18 shall establish standards and specifications for soil and water 6-19 conservation land improvement measures eligible for cost-share 6-20 assistance. 6-21 Sec. 201.310. COST-SHARE PAYMENTS. (a) The state board 6-22 shall make each cost-share assistance payment directly to an 6-23 eligible person. 6-24 (b) Before making a payment to an eligible person for a soil 6-25 and water conservation land improvement measure, the state board 7-1 may require certification by the conservation district in which the 7-2 measure has been installed to determine if the measure has been 7-3 completely installed and satisfies the standards and specifications 7-4 established by the state board. 7-5 Sec. 201.311. DESIGNATION OF LOCAL DISTRICTS. The state 7-6 board may designate one or more conservation districts to 7-7 administer this subchapter locally. 7-8 SECTION 3. The importance of this legislation and the 7-9 crowded condition of the calendars in both houses create an 7-10 emergency and an imperative public necessity that the 7-11 constitutional rule requiring bills to be read on three several 7-12 days in each house be suspended, and this rule is hereby suspended, 7-13 and that this Act take effect and be in force from and after its 7-14 passage, and it is so enacted.