By Maxey H.B. No. 2623
76R6891 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the application of aquatic
1-3 pesticides; providing a civil penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 26, Water Code, is amended by adding
1-6 Subchapter L to read as follows:
1-7 SUBCHAPTER L. AQUATIC PESTICIDE MANAGEMENT
1-8 Sec. 26.501. DEFINITIONS. In this subchapter:
1-9 (1) "Integrated pest management" means the coordinated
1-10 use of environmental information with pest control methods to
1-11 prevent unacceptable levels of pest damage by the most economical
1-12 means and to cause the least possible hazard to persons, property,
1-13 and the environment.
1-14 (2) "Public body of surface water" means any body of
1-15 surface water that is not used exclusively for an agricultural
1-16 purpose. The term does not include impounded water on private
1-17 property.
1-18 Sec. 26.502. APPLICATION OF AQUATIC PESTICIDE: PERMIT
1-19 REQUIRED. (a) The commission by rule and in coordination with the
1-20 Department of Agriculture and the Parks and Wildlife Department
1-21 shall:
1-22 (1) prohibit the application of a pesticide to control
1-23 aquatic pests in a public body of surface water by a person unless
1-24 the person:
2-1 (A) possesses a commercial pesticide
2-2 applicator's license;
2-3 (B) possesses a permit to apply pesticides for
2-4 the control of aquatic pests issued by the commission under this
2-5 subchapter; or
2-6 (C) is approved to apply the pesticide without a
2-7 permit under an approved local aquatic pesticide management plan;
2-8 (2) provide procedures for a person to obtain a permit
2-9 before application of the aquatic pesticide;
2-10 (3) determine practical nonchemical pest control
2-11 strategies and require that these or other nonchemical methods have
2-12 been seriously considered before granting a permit for aquatic
2-13 pesticide use; and
2-14 (4) adopt procedures providing for the coordination,
2-15 oversight, public notification, and enforcement of all aquatic
2-16 pesticide use to protect state fish and wildlife resources and
2-17 prevent unreasonable risk from the use of any aquatic pesticides.
2-18 (b) The commission may not issue a permit under this
2-19 subchapter unless the commission has determined that the proposed
2-20 aquatic pesticide application for which the permit is requested
2-21 will not result in exceeding the standard for maximum contaminant
2-22 levels in drinking water set by the commission and the United
2-23 States Environmental Protection Agency.
2-24 Sec. 26.503. LOCAL AQUATIC INTEGRATED PEST MANAGEMENT PLAN.
2-25 (a) Each governmental entity that regulates a public body of
2-26 surface water shall adopt a local aquatic integrated pest
2-27 management plan to coordinate pest control activities in the public
3-1 body of surface water under its jurisdiction while ensuring the
3-2 health of the ecosystem and the quality of drinking water.
3-3 (b) A local aquatic integrated pest management plan must:
3-4 (1) be developed with full public participation;
3-5 (2) take into account the needs of all water users;
3-6 and
3-7 (3) be updated annually.
3-8 (c) The plan may provide for nonpermitted use of aquatic
3-9 pesticides if:
3-10 (1) the plan is approved by the commission and the
3-11 Parks and Wildlife Department;
3-12 (2) the proposed aquatic pesticide application is
3-13 consistent with the plan;
3-14 (3) the pesticide applicator is required to give at
3-15 least 14 days advance notice to the governmental entity and
3-16 affected drinking water providers; and
3-17 (4) the governmental entity, the commission, or the
3-18 Parks and Wildlife Department do not disapprove the application.
3-19 (d) A local aquatic integrated pest management plan must be
3-20 approved by the commission. A local governmental entity proposing
3-21 a plan shall submit the proposed plan to the commission in the
3-22 manner prescribed by the commission. The commission shall approve
3-23 or reject a proposed plan not later than the 60th day after the
3-24 plan is submitted.
3-25 (e) A proposal to apply a pesticide to a public body of
3-26 surface water under a local plan without a permit, as provided by
3-27 this section, must be approved by the commission and the Parks and
4-1 Wildlife Department. If the commission or department has not
4-2 rejected the proposed application by the 60th day after receiving
4-3 notice of the proposed application according to commission rules,
4-4 the proposed application is considered approved.
4-5 (f) The commission may not approve a local aquatic
4-6 integrated pest management plan or a proposed aquatic pesticide
4-7 application under a local plan unless the commission has
4-8 determined that the plan or the proposed aquatic pesticide
4-9 application will not result in exceeding the standard for maximum
4-10 contaminant levels in drinking water set by the commission and the
4-11 United States Environmental Protection Agency.
4-12 Sec. 26.504. PENALTY. A person who applies an aquatic
4-13 pesticide in violation of this subchapter is liable for a civil
4-14 penalty under Subchapter D, Chapter 7.
4-15 SECTION 2. Section 76.104, Agriculture Code, is amended by
4-16 adding Subsection (e) to read as follows:
4-17 (e) The department shall adopt rules prohibiting the
4-18 application of a pesticide to control aquatic pests in a public
4-19 body of surface water by a person who does not have a commercial
4-20 pesticide applicator's license or a permit to apply pesticides for
4-21 the control of aquatic pests from the Texas Natural Resource
4-22 Conservation Commission or who does not apply the pesticide as
4-23 provided by Subchapter L, Chapter 26, Water Code, and rules adopted
4-24 under that subchapter. For the purpose of this subsection, "public
4-25 body of surface water" has the meaning assigned by Section 26.501,
4-26 Water Code.
4-27 SECTION 3. (a) This Act takes effect September 1, 1999.
5-1 (b) Sections 26.502 and 26.504, Water Code, and Section
5-2 76.104(e), Agriculture Code, as added by this Act, apply only to
5-3 the application of aquatic pesticide that occurs or is proposed to
5-4 occur on or after June 1, 2000.
5-5 SECTION 4. (a) Not later than December 1, 1999, the Texas
5-6 Natural Resource Conservation Commission, in cooperation with the
5-7 Department of Agriculture and the Parks and Wildlife Department,
5-8 shall adopt the rules necessary to implement the program
5-9 established by this Act.
5-10 (b) Not later than March 1, 2000, a governmental entity with
5-11 jurisdiction over a public body of surface water, as that term is
5-12 defined in Section 26.501, Water Code, as added by this Act, shall
5-13 submit for approval to the Texas Natural Resource Conservation
5-14 Commission a local aquatic integrated pest management plan
5-15 developed as required by Section 26.503, Water Code, as added by
5-16 this Act.
5-17 SECTION 5. The importance of this legislation and the
5-18 crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended.