75R13119 JJT-F                           

         By Hawley, Seaman                                     H.B. No. 2665

         Substitute the following for H.B. No. 2665:

         By Corte                                          C.S.H.B. No. 2665

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to permitting certain commercial mariculture facilities in

 1-3     coastal counties.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter B, Chapter 26, Water Code, is amended

 1-6     by adding Sections 26.0286 and 26.0287 to read as  follows:

 1-7           Sec. 26.0286.  DISCHARGE PERMITS FOR CERTAIN MARICULTURE

 1-8     FACILITIES.  (a)  The commission by rule shall require a

 1-9     mariculture facility designed for commercial production of shrimp

1-10     to obtain a site-specific discharge permit if the facility:

1-11                 (1)  is located in a county bordering the Gulf of

1-12     Mexico or the tidewater limits of the gulf;

1-13                 (2)  is designed for commercial production of shrimp;

1-14     and

1-15                 (3)  will discharge wastewater or other substances.

1-16           (b)  A mariculture facility described by Subsection (a)  must

1-17     obtain a permit in accordance with this section and Section 26.0287

1-18     before the facility is constructed or, for a facility constructed

1-19     before the effective date of this section, before the facility is

1-20     expanded.

1-21           (c)  A mariculture facility described by Subsection (a)  that

1-22     does not discharge wastewater or other substances must obtain a

1-23     permit before the facility is converted to a facility that

1-24     discharges wastewater or other substances.

 2-1           (d)  An application for a permit for a facility required to

 2-2     obtain a permit under this section must include:

 2-3                 (1)  certification that, before or at the same time the

 2-4     application is filed with the commission, a copy of the application

 2-5     has been filed with:

 2-6                       (A)  the Parks and Wildlife Department; and

 2-7                       (B)  the commissioners court of each county in

 2-8     which the facility is located or is proposed to be located;

 2-9                 (2)  a copy of a resolution from each of the following

2-10     governmental bodies indicating the position the governmental body

2-11     takes on whether the facility should be permitted:

2-12                       (A)  the commissioners court of each county in

2-13     which the facility is located or is proposed to be located; and

2-14                       (B)  the governing body of each municipality

2-15     within the boundaries or extraterritorial jurisdiction of which the

2-16     facility is located or is proposed to be located;

2-17                 (3)  a copy of any permit required by Section 404,

2-18     Federal Water Pollution Control Act (33 U.S.C. Section 1344);

2-19                 (4)  an environmental report that describes in detail:

2-20                       (A)  the design and operating plans for the

2-21     facility, including the facility's plans for:

2-22                             (i)  wastewater management;

2-23                             (ii)  prevention of conditions that may

2-24     present a nuisance; and

2-25                             (iii)  removal of settled solids to the

2-26     degree necessary to protect water quality, to prevent producing

2-27     adverse responses in aquatic organisms, to prevent changes in flow

 3-1     patterns of receiving waters, and to prevent untimely filling of

 3-2     bays;

 3-3                       (B)  the environmental conditions of the site at

 3-4     the time the application is filed, including:

 3-5                             (i)  aquatic habitats; and

 3-6                             (ii)  conditions in state water from which

 3-7     a diversion of water for use in the facility is proposed to be made

 3-8     or into which a discharge of wastewater or other substances is

 3-9     proposed to be made; and

3-10                       (C)  any potential adverse effects on sensitive

3-11     aquatic habitats caused by:

3-12                             (i)  discharges of wastewater or other

3-13     substances from the facility;

3-14                             (ii)  any significant activity related to

3-15     the construction and operation of the facility; or

3-16                             (iii)  attenuation of light due to

3-17     suspended solids in discharges; and

3-18                 (5)  a description of the best management practices

3-19     that the applicant proposes to apply in minimizing potential

3-20     adverse effects to the environment that could result from facility

3-21     practices, including:

3-22                       (A)  water intake or entrainment;

3-23                       (B)  pond management at the facility for water

3-24     and bottom sediments;

3-25                       (C)  routine water exchange;

3-26                       (D)  management of water during harvest;

3-27                       (E)  feeding regimes designed to minimize waste;

 4-1     and

 4-2                       (F)  density of stock.

 4-3           (e)  If an applicant is not able to obtain a resolution from

 4-4     the governing body of a county or municipality for inclusion in the

 4-5     application, the applicant may substitute a sworn statement that

 4-6     the applicant has made reasonable attempts to obtain the

 4-7     resolution.  The statement must describe the attempts made.

 4-8           (f)  For an application filed after January 1, 2002, the

 4-9     commission may waive an element of the report required by

4-10     Subsection (d)(4) if the commission makes a finding, based on a

4-11     factual record and on the experience of the commission in

4-12     evaluating mariculture facility sites, that without the element

4-13     proposed to be waived the commission can evaluate adequately a site

4-14     proposed for a facility to be permitted under this section.

4-15           (g)  In this section, "mariculture" has the meaning assigned

4-16     by Section 11.1421.

4-17           Sec. 26.0287.  ISSUANCE AND CONDITIONS OF MARICULTURE

4-18     DISCHARGE PERMIT.  (a)  The commission may issue a site-specific

4-19     discharge permit under Section 26.0286 only if the commission finds

4-20     that:

4-21                 (1)  the facility's discharge will not violate a water

4-22     quality standard or other requirement of this chapter; and

4-23                 (2)  the facility's operator will:

4-24                       (A)  apply appropriate best management practices;

4-25     and

4-26                       (B)  make reasonable efforts to minimize the

4-27     adverse effects to the environment and sensitive aquatic habitats

 5-1     that may be caused by the facility or the facility's discharges.

 5-2           (b)  A permit issued under this section must prohibit the

 5-3     facility from discharging wastewater or other substances at any

 5-4     time if:

 5-5                 (1)  a disease caused by an infectious exotic pathogen

 5-6     is suspected by the operator or confirmed to be present in shrimp

 5-7     raised in the facility; or

 5-8                 (2)  the executive director or the executive director

 5-9     of the Parks and Wildlife Department notifies the operator in

5-10     writing that the official has good cause to suspect the presence of

5-11     an infectious exotic pathogen at the facility.

5-12           (c)  As provided by applicable rules of a state agency with

5-13     jurisdiction over disease in a mariculture facility, a facility

5-14     that is prohibited from discharging for a reason provided by

5-15     Subsection (b) may not discharge wastewater or other substances

5-16     until the executive director of that agency:

5-17                 (1)  issues a written order permitting discharges; or

5-18                 (2)  identifies the cause of any disease discovered at

5-19     the facility to be other than an infectious exotic pathogen.

5-20           (d)  A permit issued under this section must:

5-21                 (1)  require the facility's operator, notwithstanding

5-22     Section 481.143, Government Code, to comply with the best

5-23     management practices identified by commission rule as applicable to

5-24     facilities permitted under this section regardless of the date the

5-25     permit is applied for or issued; and

5-26                 (2)  require the facility to implement a disease

5-27     monitoring and response plan that complies with rules adopted by

 6-1     the agency with jurisdiction over disease in mariculture facilities

 6-2     regarding:

 6-3                       (A)  a periodic disease monitoring program;

 6-4                       (B)  a procedure for immediate reporting, to the

 6-5     executive director and the agency with jurisdiction over disease in

 6-6     mariculture facilities, of any indication or detection of an

 6-7     infectious exotic pathogen in the facility;

 6-8                       (C)  appropriate measures to minimize the

 6-9     opportunity for a bird or other animal to remove a diseased

6-10     organism from a pond in which an infectious exotic pathogen is

6-11     suspected or confirmed; and

6-12                       (D)  a procedure for placing in immediate

6-13     quarantine any area of the facility in which disease caused by an

6-14     infectious exotic pathogen is suspected or confirmed to ensure that

6-15     a release of water or animals in a discharge does not occur until

6-16     the executive director of the agency with jurisdiction over disease

6-17     in mariculture facilities authorizes the release.

6-18           (e)  In this section, "mariculture" has the meaning assigned

6-19     by Section 11.1421.

6-20           SECTION 2.  Subchapter A, Chapter 66, Parks and Wildlife

6-21     Code, is amended by adding Section 66.0071 to read as follows:

6-22           Sec. 66.0071.  LIMITATION ON ISSUANCE OF LICENSE FOR CERTAIN

6-23     EXOTIC SPECIES.  The department may not issue or renew a license or

6-24     other authorization for a person to possess or place into water of

6-25     this state an exotic species of shrimp for commercial production in

6-26     a county that borders the Gulf of Mexico or the tidewater limits of

6-27     the gulf unless the applicant provides the department a letter from

 7-1     the Texas Natural Resource Conservation Commission that states the

 7-2     facility to be used for the commercial production:

 7-3                 (1)  has all required discharge permits or other

 7-4     authorization required by that agency for the discharge of

 7-5     wastewater or other substances from the facility;

 7-6                 (2)  is not required to obtain a discharge permit

 7-7     because the facility is adequately designed to operate without

 7-8     discharging wastewater or other substances; or

 7-9                 (3)  was in operation on or before January 1, 1997, and

7-10     the operator of the facility has diligently pursued an application

7-11     for an appropriate permit or other authorization filed with the

7-12     Texas Natural Resource Conservation Commission before September 1,

7-13     1997.

7-14           SECTION 3.  The Texas Natural Resource Conservation

7-15     Commission on or before December 31, 1998, shall make a written

7-16     report to the speaker of the house of representatives, the

7-17     lieutenant governor, and the chairmen of the house and senate

7-18     committees that have jurisdiction over the quality of state water

7-19     and maricultural activities.  The report must indicate whether the

7-20     commission recommends that the requirement for site-specific

7-21     discharge permits for mariculture facilities imposed by Section

7-22     26.0286, Water Code, as added by this Act, should remain in effect.

7-23           SECTION 4.  The importance of this legislation and the

7-24     crowded condition of the calendars in both houses create an

7-25     emergency and an imperative public necessity that the

7-26     constitutional rule requiring bills to be read on three several

7-27     days in each house be suspended, and this rule is hereby suspended,

 8-1     and that this Act take effect and be in force from and after its

 8-2     passage, and it is so enacted.