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.