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.