ACG H.B. 1582 75(R)BILL ANALYSIS ENVIRONMENTAL REGULATION C.S.H.B. 1582 By: Hirschi 4-18-97 Committee Report (Substituted) BACKGROUND Texas lakes and rivers can be affected by many aquatic pests (including weed vegetation such as Hydrilla or Duckweed.) Aquatic pest control professionals may use one or more of three approaches to control these weeds: mechanical controls such as dredging or lowering water levels so a freeze can kill the plants, biological controls such as grass carp, and chemical controls such as Sonor and Aquathol. State agencies may require certain water authorities, agencies, and lake managers to submit plans when using certain chemicals. However non-restricted use chemicals are available over-the-counter at chemical supply stores, marinas and hardware stores. Over 98 aquatic pesticides are available for sale to the public and can be applied to state waters by anyone, trained or not. The Texas Department of Agriculture keeps no records on sales and require no permits for applying these chemicals as long as the chemical is not on the state restricted-uses list. When used improperly these chemicals may contaminate water and place people at risk of injury or death. In addition, there are no requirements for notification or posting of a warning to take precautions when restricted-use or non restricted-use chemicals are applied to the Texas waters. PURPOSE CSHB 1582 will assure that the state knows when, how, and where chemicals are added to the states waters that are primarily used for drinking water, recreating, and fishing. CSHB 1582 will also exempt agricultural uses of aquatic pesticides. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants rulemaking authority to the Texas Department of Agriculture as follows: SECTION 2 of the bill [Section 74.104(d), Agricultural Code] SECTION 3 of the bill [Subchapter E, Chapter 76, Agricultural Code, Section 76.118 (a), (b), (f), and (g). SECTION 5 of the bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 76.001, Agricultural Code by adding definitions for the following: Section 76.001 (13) "Integrated pest management" Section 76.001 (21) "Public body of surface water" SECTION 2. Amends Section 74.104, Agricultural Code, by adding Subsection (d) requiring the department to adopt rules prohibiting the application of certain pesticides in any public body of surface water by a person without an appropriate permit and as provided by law. SECTION 3. Amends Subchapter E, Chapter 76, Agriculture Code by adding Section 76.118 as follows: Section 76.118 (a) requires the department to adopt procedures for certain activities in relation to aquatic pesticide use. Section 76.118 (b) requires the department to provide procedures for a person to obtain a permit. Section 76.118 (c) allows the department to request from Parks and Wildlife specified information. Section 76.118 (d) prohibits the department from issuing a permit unless the Texas Natural Resource Conservation Commission rules that the proposed application will not contaminate drinking water sources. Section 76.118 (e) stipulates that the department must require integrated pest management principles to be followed. Section 76.118 (f) stipulates that the department must require applicators to notify certain property owners at least five working days before the application. Requires posting signs at the time of application and for at least 30 days after. Requires the department to prescribe form, content, and location of signs. Section 76.118 (g) allows the department to collect a fee to cover associated costs. SECTION 4. Effective date: September 1, 1997. SECTION 5. (a) Permitting procedures and rules must be prescribed not later than December 1, 1997. (c) This Act applies only to a pesticide that is applied on or after January 1, 1998. SECTION 6. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE All references to "a regulatory agency" in HB 1582 are changed to "the department" in CSHB 1582. HB 1582 required aquatic pest control applicators to be licensed; the substitute requires aquatic pest control applicators to obtain a permit. CSHB 1582 adds definitions for "Integrated pest management" and "Public body of surface water." The original did not include these definitions. HB 1582 included record keeping requirements; CSHB 1582 does not. CSHB 1582 requires the department to adopt rules to prohibit aquatic pesticide application by a person who does not have a permit, and to adopt procedures providing for certain activities in relation to aquatic pesticide use. The department is required to provide procedures to obtain a permit, and is allowed to request certain information from Parks and Wildlife. The department is not allowed to issue a permit unless the TNRCC has ruled that drinking water sources will not be contaminated. The department must also require that the principles of integrated pest management be followed before approving a permit. HB 1582 does not include these provisions.