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.