By Lewis of Orange                                    H.B. No. 2273
         76R4283 MXM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the certification of certain activities relating to
 1-3     discharges into water.
 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 Section 26.050 to read as follows:
 1-7           Sec. 26.050.  FEDERAL WATER POLLUTION CONTROL ACT:
 1-8     CERTIFICATION.  (a)  Subject to Section 26.051, the commission may
 1-9     exercise the powers reserved to the state under the Federal Water
1-10     Pollution Control Act (33 U.S.C. Section 1341), as amended.
1-11           (b)  The commission may certify that a discharge complies
1-12     with applicable law under Section 401 of the Federal Water
1-13     Pollution Control Act (33 U.S.C.  Section 1341(a)), as amended.
1-14           SECTION 2.  Subchapter B, Chapter 26, Water Code, is amended
1-15     by adding Section 26.051 to read as follows:
1-16           Sec. 26.051.  FEDERAL WATER POLLUTION CONTROL ACT: WAIVER OF
1-17     CERTIFICATION.  (a)  This section applies only to an applicant for
1-18     state certification under the Federal Water Pollution Control Act
1-19     (33 U.S.C. Section 1341(a)), as amended, who:
1-20                 (1)  is the United States Army Corps of Engineers; and
1-21                 (2)  has specified each disposal site under Section 404
1-22     of the Federal Water Pollution Control Act (33 U.S.C. Section
1-23     1344), as amended.
1-24           (b)  The commission shall waive certification under Section
 2-1     401 of the Federal Water Pollution Control Act (33 U.S.C. Section
 2-2     1341(a)), as amended, unless:
 2-3                 (1)  an environmental impact statement is required
 2-4     under the federal National Environmental Policy Act of 1969 (42
 2-5     U.S.C. Section 4321 et seq.), as amended; or
 2-6                 (2)  waiver of certification  would not allow the
 2-7     commissioner to obtain or maintain federal authorization to
 2-8     administer a federally delegated or approved program.
 2-9           (c)  If certification is not waived under Subsection (b), the
2-10     commission shall review whether certification may be granted under
2-11     33 U.S.C. Section 1341(a), as amended.  The commission shall:
2-12                 (1)  complete review not later than the 60th day after
2-13     the date on which it receives the request for certification from
2-14     the applicant;
2-15                 (2)  limit review to whether the activity for which the
2-16     applicant has requested a license or permit involves a likely
2-17     violation of numerical criteria of the state's surface water
2-18     quality standards adopted by commission rule; and
2-19                 (3)  expedite review if the activity is for wetlands
2-20     with a total area of less than five acres.
2-21           (d)  In conducting a review under Subsection (c), the
2-22     commission shall consider the following factors regarding the
2-23     activity for which the applicant seeks a license or permit:
2-24                 (1)  whether the activity will adversely affect this
2-25     state's coastal zone;
2-26                 (2)  any procedures established by the United States
2-27     Army Corps of Engineers relating to mitigation ratios or project
 3-1     sequencing guidelines; and
 3-2                 (3)  any decisions made by the United States Corps of
 3-3     Engineers regarding the appropriate scope and extent of mitigation
 3-4     for damage to habitat and aquatic life uses.
 3-5           (e)  The commission shall complete an expedited review under
 3-6     Subsection (c)(3) not later than the 30th day after the date on
 3-7     which it receives the request for certification from the applicant.
 3-8     The commission by rule may provide guidelines for conducting an
 3-9     expedited review.
3-10           SECTION 3.  This Act takes effect September 1, 1999.
3-11           SECTION 4.  The importance of this legislation and the
3-12     crowded condition of the calendars in both houses create an
3-13     emergency and an imperative public necessity that the
3-14     constitutional rule requiring bills to be read on three several
3-15     days in each house be suspended, and this rule is hereby suspended.