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 -------------------------------------------------------------------