1-1 By: Sims S.B. No. 503
1-2 (In the Senate - Filed February 26, 1993; March 1, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 March 15, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; March 15, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 503 By: Sims
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to certain pollution control and to soil and water
1-24 conservation land improvement measures.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 201.026, Agriculture Code, is amended to
1-27 read as follows:
1-28 Sec. 201.026. NONPOINT SOURCE POLLUTION. (a) The state
1-29 board is the lead agency in this state for activity relating to
1-30 abating agricultural and silvicultural nonpoint source pollution.
1-31 The state board shall plan, implement, and manage programs and
1-32 practices for abating agricultural and silvicultural nonpoint
1-33 source pollution. Other state agencies with responsibility for
1-34 abating agricultural and silvicultural nonpoint source pollution
1-35 shall coordinate any abatement programs and activities with the
1-36 state board.
1-37 (b) The state board shall represent the state before the
1-38 federal Environmental Protection Agency or other federal agencies
1-39 on a matter relating to agricultural or silvicultural nonpoint
1-40 source pollution. Nothing herein shall impair the ability of the
1-41 General Land Office to represent the state before any federal
1-42 agency in matters relating to the state's participation in the
1-43 federal coastal zone management program. Nothing herein shall
1-44 impair the ability of the Texas Natural Resource Conservation
1-45 Commission to represent the state before any federal agency in
1-46 matters relating to the state's overall participation in the
1-47 Federal Water Pollution Control Act (33 U.S.C. Section 1251 et
1-48 seq.).
1-49 (c) In an area that the state board identifies as having or
1-50 having the potential to develop agricultural or silvicultural
1-51 nonpoint source water quality problems or an area within the
1-52 "coastal zone" designated by the Coastal Coordination Council, the
1-53 state board shall establish a water quality management plan
1-54 certification program that provides, through local soil and water
1-55 conservation districts, for the development, supervision, and
1-56 monitoring of individual water quality management plans for
1-57 agricultural and silvicultural lands. Each plan must be developed,
1-58 maintained, and implemented under rules and criteria adopted by the
1-59 state board and comply with state water quality standards
1-60 established by the Texas Natural Resource Conservation Commission.
1-61 The state board shall certify a plan that satisfies the state
1-62 board's rules and criteria and complies with state water quality
1-63 standards established by the Texas Natural Resource Conservation
1-64 Commission. The Texas Natural Resource Conservation Commission has
1-65 the sole and exclusive authority to set water quality standards for
1-66 all water in the state.
1-67 (d) Complaints concerning a violation of a water quality
1-68 management plan or a violation of a law or rule relating to
2-1 agricultural or silvicultural nonpoint source pollution under the
2-2 jurisdiction of the state board shall be referred to the state
2-3 board. The state board, in cooperation with the local soil and
2-4 water conservation district, shall investigate the complaint. On
2-5 completion of the investigation, the state board, in consultation
2-6 with the soil and water conservation district, either shall
2-7 determine that further action is not warranted or shall develop and
2-8 implement a corrective action plan to address the complaint. If
2-9 the person about whom the complaint has been made fails or refuses
2-10 to take corrective action, the state board shall refer the
2-11 complaint to the Texas Natural Resource Conservation Commission.
2-12 SECTION 2. Chapter 201, Agriculture Code, is amended by
2-13 adding Subchapter I to read as follows:
2-14 SUBCHAPTER I. COST-SHARE ASSISTANCE PROGRAM
2-15 FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES
2-16 Sec. 201.301. CREATION OF PROGRAM. The state board shall
2-17 administer a cost-share assistance program for soil and water
2-18 conservation land improvement measures.
2-19 Sec. 201.302. USE OF FUNDS. (a) The state board may
2-20 provide cost-share assistance to landowners or operators for the
2-21 installation of soil and water conservation land improvement
2-22 measures consistent with the purpose of controlling erosion,
2-23 conserving water, or protecting water quality.
2-24 (b) The state board may employ and contract with and provide
2-25 for the compensation of personnel and may take any other action
2-26 necessary to implement this subchapter.
2-27 (c) The state board may reimburse a conservation district
2-28 for the reasonable costs the district incurs in administering this
2-29 subchapter.
2-30 Sec. 201.303. ALLOCATION OF FUNDS. (a) The state board may
2-31 allocate funds under this subchapter among particular soil and
2-32 water conservation land improvement measures or among areas of the
2-33 state for each of the purposes provided by Section 201.302 of this
2-34 code.
2-35 (b) The state board may allocate funds among conservation
2-36 districts to pay the state's share of the costs of installing
2-37 eligible soil and water conservation land improvement measures on
2-38 agricultural lands within the districts and may adjust allocations
2-39 as needs change in order to achieve the most efficient use of
2-40 funds.
2-41 (c) A conservation district may submit a request for an
2-42 allocation of cost-share assistance funds to the state board. A
2-43 request must be submitted in the manner provided by the state
2-44 board.
2-45 (d) The state board shall set priorities for allocation of
2-46 cost-share assistance funds consistent with the purposes provided
2-47 by Section 201.302 of this code. The state board may consider
2-48 local priorities and needs in establishing priorities.
2-49 Sec. 201.304. ELIGIBILITY FOR COST-SHARE ASSISTANCE. As a
2-50 condition for assistance under this subchapter, the state board may
2-51 require that a person:
2-52 (1) own or operate agricultural land within the
2-53 boundaries of the conservation district providing cost-share
2-54 assistance;
2-55 (2) have a conservation plan approved by the
2-56 conservation district covering the land for which a soil and water
2-57 conservation land improvement measure is proposed; and
2-58 (3) include in the conservation plan practices for
2-59 which cost-share assistance is proposed.
2-60 Sec. 201.305. ELIGIBLE SOIL AND WATER CONSERVATION LAND
2-61 IMPROVEMENT MEASURES. (a) Soil and water conservation land
2-62 improvement measures eligible for cost-share assistance shall be
2-63 determined by the state board and must be consistent with the
2-64 purposes provided by Section 201.302 of this code. The state board
2-65 may consider local priorities and needs in determining eligible
2-66 measures.
2-67 (b) Each conservation district receiving an allocation of
2-68 cost-share assistance funds shall designate the soil and water
2-69 conservation land improvement measures that are eligible for
2-70 cost-share assistance within its boundaries, subject to approval by
3-1 the state board.
3-2 Sec. 201.306. APPLICATION FOR COST-SHARE ASSISTANCE. An
3-3 application for cost-share assistance may be made on forms provided
3-4 by the state board or by other means approved by the state board.
3-5 Sec. 201.307. APPROVAL OF APPLICATION. (a) A conservation
3-6 district may approve an application for cost-share assistance if
3-7 the soil and water conservation land improvement measure is
3-8 consistent with the purposes provided by Section 201.302 of this
3-9 code and the priorities established by the state board under
3-10 Section 201.303 of this code.
3-11 (b) A conservation district may not approve applications for
3-12 cost-share assistance funds in excess of the funds allocated to the
3-13 conservation district by the state board.
3-14 Sec. 201.308. COST-SHARE RATES. (a) The state board shall
3-15 establish the cost-share rates for all eligible soil and water
3-16 conservation land improvement measures.
3-17 (b) The state board may not bear more than 75 percent of the
3-18 cost of a soil and water conservation land improvement measure.
3-19 (c) A person may not receive cost-share assistance for a
3-20 soil and water conservation land improvement measure if the person
3-21 is simultaneously receiving cost-share assistance for the measure
3-22 from another source.
3-23 (d) The state board may grant an exception to Subsection (b)
3-24 of this section if the state board finds the higher share is
3-25 necessary to obtain adequate implementation of a certain soil and
3-26 water conservation land improvement measure.
3-27 (e) The state board may grant an exception to Subsection (c)
3-28 of this section if the state board finds that participation with
3-29 another cost-share assistance program will:
3-30 (1) enhance the efficiency and effectiveness of a soil
3-31 and water conservation land improvement measure; and
3-32 (2) lessen the state's financial commitment to the
3-33 soil and water conservation land improvement measure.
3-34 Sec. 201.309. STANDARDS AND SPECIFICATIONS. The state board
3-35 shall establish standards and specifications for soil and water
3-36 conservation land improvement measures eligible for cost-share
3-37 assistance.
3-38 Sec. 201.310. COST-SHARE PAYMENTS. (a) The state board
3-39 shall make each cost-share assistance payment directly to an
3-40 eligible person.
3-41 (b) Before making a payment to an eligible person for a soil
3-42 and water conservation land improvement measure, the state board
3-43 may require certification by the conservation district in which the
3-44 measure has been installed to determine if the measure has been
3-45 completely installed and satisfies the standards and specifications
3-46 established by the state board.
3-47 Sec. 201.311. DESIGNATION OF LOCAL DISTRICTS. The state
3-48 board may designate one or more conservation districts to
3-49 administer this subchapter locally.
3-50 SECTION 3. Subsection (a), Section 26.121, Water Code
3-51 (effective until delegation of NPDES permit authority to the Texas
3-52 Natural Resource Conservation Commission), is amended to read as
3-53 follows:
3-54 (a) Except as authorized by a rule, permit, or order issued
3-55 by the commission, no person may:
3-56 (1) discharge sewage, municipal waste, recreational
3-57 waste, agricultural waste, or industrial waste into or adjacent to
3-58 any water in the state;
3-59 (2) discharge other waste into or adjacent to any
3-60 water in the state which in itself or in conjunction with any other
3-61 discharge or activity causes, continues to cause, or will cause
3-62 pollution of any of the water in the state, unless the discharge
3-63 complies with the person's certified water quality management plan
3-64 approved by the State Soil and Water Conservation Board as provided
3-65 by Section 201.026, Agriculture Code; or
3-66 (3) commit any other act or engage in any other
3-67 activity which in itself or in conjunction with any other discharge
3-68 or activity causes, continues to cause, or will cause pollution of
3-69 any of the water in the state, unless the activity is under the
3-70 jurisdiction of the Parks and Wildlife Department, the General Land
4-1 Office, or the Railroad Commission of Texas, in which case this
4-2 subdivision does not apply.
4-3 SECTION 4. Subsection (a), Section 26.121, Water Code
4-4 (effective upon delegation of NPDES permit authority to the Texas
4-5 Natural Resource Conservation Commission), is amended to read as
4-6 follows:
4-7 (a) Except as authorized by the commission, no person may:
4-8 (1) discharge sewage, municipal waste, recreational
4-9 waste, agricultural waste, or industrial waste into or adjacent to
4-10 any water in the state;
4-11 (2) discharge other waste into or adjacent to any
4-12 water in the state which in itself or in conjunction with any other
4-13 discharge or activity causes, continues to cause, or will cause
4-14 pollution of any of the water in the state, unless the discharge
4-15 complies with a person's certified water quality management plan
4-16 approved by the State Soil and Water Conservation Board as provided
4-17 by Section 201.026, Agriculture Code; or
4-18 (3) commit any other act or engage in any other
4-19 activity which in itself or in conjunction with any other discharge
4-20 or activity causes, continues to cause, or will cause pollution of
4-21 any of the water in the state, unless the activity is under the
4-22 jurisdiction of the Parks and Wildlife Department, the General Land
4-23 Office, or the Railroad Commission of Texas, in which case this
4-24 subdivision does not apply.
4-25 SECTION 5. Subchapter D, Chapter 26, Water Code, is amended
4-26 by adding Section 26.1311 to read as follows:
4-27 Sec. 26.1311. DUTY OF STATE SOIL AND WATER CONSERVATION
4-28 BOARD. The State Soil and Water Conservation Board and its
4-29 authorized agents are responsible for the abatement and prevention
4-30 of pollution resulting from agricultural or silvicultural nonpoint
4-31 source pollution as provided by Section 201.026, Agriculture Code.
4-32 SECTION 6. The importance of this legislation and the
4-33 crowded condition of the calendars in both houses create an
4-34 emergency and an imperative public necessity that the
4-35 constitutional rule requiring bills to be read on three several
4-36 days in each house be suspended, and this rule is hereby suspended,
4-37 and that this Act take effect and be in force from and after its
4-38 passage, and it is so enacted.
4-39 * * * * *
4-40 Austin,
4-41 Texas
4-42 March 15, 1993
4-43 Hon. Bob Bullock
4-44 President of the Senate
4-45 Sir:
4-46 We, your Committee on Natural Resources to which was referred S.B.
4-47 No. 503, have had the same under consideration, and I am instructed
4-48 to report it back to the Senate with the recommendation that it do
4-49 not pass, but that the Committee Substitute adopted in lieu thereof
4-50 do pass and be printed.
4-51 Sims,
4-52 Chairman
4-53 * * * * *
4-54 WITNESSES
4-55 FOR AGAINST ON
4-56 ___________________________________________________________________
4-57 Name: James M. Moore x
4-58 Representing: Tx State Soil & Water Cons
4-59 Bd
4-60 City: Belton
4-61 -------------------------------------------------------------------
4-62 Name: Robert G. Buckley x
4-63 Representing: Soil & Water Cons Bd.
4-64 City: Temple
4-65 -------------------------------------------------------------------
4-66 FOR AGAINST ON
4-67 ___________________________________________________________________
4-68 Name: Nanette Brewer x
4-69 Representing:
4-70 City: Austin
5-1 -------------------------------------------------------------------
5-2 Name: Mary M. Arnold x
5-3 Representing: League of Women Voters
5-4 City: Austin
5-5 -------------------------------------------------------------------
5-6 Name: Ken Kramer x
5-7 Representing: Sierra Club
5-8 City: Austin
5-9 -------------------------------------------------------------------
5-10 Name: Susan S. Pitman x
5-11 Representing: The Chemical Connection
5-12 City: Wimberley
5-13 -------------------------------------------------------------------
5-14 Name: Reggie James x
5-15 Representing: Consumers Union
5-16 City: Austin
5-17 -------------------------------------------------------------------
5-18 Name: David Frederick x
5-19 Representing: Self/EDF
5-20 City: Austin
5-21 -------------------------------------------------------------------
5-22 Name: Laura D. Koesters x
5-23 Representing: TWC
5-24 City: Austin
5-25 -------------------------------------------------------------------
5-26 Name: James Kowis x
5-27 Representing: Tx Water Commission
5-28 City: Austin
5-29 -------------------------------------------------------------------
5-30 Name: Anthony Grigsby x
5-31 Representing: TWC
5-32 City: Austin
5-33 -------------------------------------------------------------------
5-34 Name: CF Schendel x
5-35 Representing: Tx State Soil & Water Cons
5-36 Bd
5-37 City: Goliad
5-38 -------------------------------------------------------------------