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.