1-1 AN ACT
1-2 relating to the authority of the Texas Natural Resource
1-3 Conservation Commission to certify that the discharge of a
1-4 pollutant will not cause a violation of certain water quality
1-5 standards under the Federal Water Pollution Control Act and to
1-6 certain authority of the railroad commission relating to water
1-7 quality.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. Section 5.104, Water Code, is amended by adding
1-10 Subsection (c) to read as follows:
1-11 (c) The commission shall use its best efforts to develop a
1-12 memorandum of understanding with the United States Army Corps of
1-13 Engineers to foster regional programmatic permits under Section
1-14 404, Federal Water Pollution Control Act (33 U.S.C. Section 1344),
1-15 as amended, in counties in which regional flood control plans have
1-16 been developed.
1-17 SECTION 2. Chapter 16, Water Code, is amended by adding
1-18 Subchapter K to read as follows:
1-19 SUBCHAPTER K. REGIONAL FLOOD CONTROL PLANS
1-20 Sec. 16.381. APPLICABILITY. This subchapter applies only
1-21 to:
1-22 (1) a county with a population of 2.8 million or more;
1-23 and
1-24 (2) a district created under Section 59, Article XVI,
2-1 Texas Constitution, that:
2-2 (A) has boundaries coextensive with a county
2-3 described by Subdivision (1); and
2-4 (B) is authorized to provide storm water
2-5 drainage and flood control facilities.
2-6 Sec. 16.382. REGIONAL FLOOD CONTROL PLANNING. (a) A
2-7 district and county may cooperate to develop and adopt a regional
2-8 flood control plan in the manner provided by Sections 16.315 and
2-9 16.316.
2-10 (b) The regional flood control plan must:
2-11 (1) include all land located within the boundaries of
2-12 a district that cooperates in preparing a regional plan; and
2-13 (2) be consistent with a master drainage plan adopted
2-14 by the district.
2-15 Sec. 16.383. AUTHORITY TO ACQUIRE LAND. (a) A district
2-16 that prepares a regional flood control plan may purchase or receive
2-17 from a landowner property in the county. For land purchased or
2-18 received under this subsection by a district or county, the
2-19 regional flood control plan must provide for flood mitigation and
2-20 may identify beneficial uses, including habitat restoration,
2-21 natural floodplain storage, parks, green space, intermodal
2-22 transportation corridors, and potential contracts with nonprofit
2-23 corporations for conservation uses.
2-24 (b) A district may not acquire land under this subchapter by
2-25 the power of eminent domain.
2-26 Sec. 16.384. RULES. The regional flood control plan must
2-27 include rules requiring any development in the county to conform
3-1 with land use and control measures adopted by the district or
3-2 county under Section 16.315.
3-3 Sec. 16.385. FUNDING. (a) The regional flood control plan
3-4 may identify possible means of funding for the purchase of land,
3-5 including using:
3-6 (1) fees as provided under Chapter 395, Local
3-7 Government Code;
3-8 (2) money distributed from the county flood control
3-9 fund by the commissioners court of the county under Section
3-10 256.006, Transportation Code;
3-11 (3) grants from the Texas Water Development Board
3-12 under the Texas Water Assistance Program in Chapter 15;
3-13 (4) grants from any agency or program of the United
3-14 States government;
3-15 (5) tax and other revenue of a district created under
3-16 Section 59, Article XVI, Texas Constitution; and
3-17 (6) any available funding authorized by state or
3-18 federal law, including fees collected under Section 16.387.
3-19 (b) A district that adopts a regional flood control plan
3-20 under this subchapter may request advice from the Texas Water
3-21 Development Board to identify means to finance the purchase of
3-22 land.
3-23 Sec. 16.386. ADOPTION OF PLAN. (a) A district that
3-24 approves the development of a regional flood control plan under
3-25 this subchapter must notify the commission that a regional flood
3-26 control plan will be developed and must identify the boundaries of
3-27 the region to be included within the regional flood control plan.
4-1 (b) Before final adoption of a regional flood control plan
4-2 authorized under this subchapter, the district must send the plan
4-3 to the commissioners court of the county for the review and
4-4 approval of the commissioners court.
4-5 (c) Not later than the 120th day after the date the
4-6 commissioners court receives the regional flood control plan, the
4-7 commissioners court shall:
4-8 (1) adopt a resolution of approval and present the
4-9 resolution to the district that submitted the plan; or
4-10 (2) provide comments to the district indicating the
4-11 changes in the plan that are required for the commissioners court
4-12 to approve the plan.
4-13 (d) Before the commissioners court acts on a plan under
4-14 Subsection (c), the commissioners court shall conduct at least one
4-15 public meeting to receive comments. Notice of the meeting must be
4-16 published in a local newspaper of general circulation in the county
4-17 not earlier than the 30th day and not later than the 10th day
4-18 before the date of the hearing. At the meeting any person may
4-19 present information and data relevant to the proposed regional
4-20 flood control plan.
4-21 (e) Not later than the 90th day after the date the district
4-22 receives comments from the commissioners court, the district shall
4-23 revise the regional flood control plan and submit the revised plan
4-24 to the commissioners court for review and approval.
4-25 Sec. 16.387. FEES. For permit applications in the district
4-26 under Section 404, Federal Water Pollution Control Act (33 U.S.C.
4-27 Section 1344), the district may facilitate the development of
5-1 alternative wetland mitigation programs. A program may include the
5-2 imposition of fees instead of wetland mitigation activities. The
5-3 district shall use money from the fees to acquire land in the areas
5-4 identified as flood hazard areas and not suitable for development.
5-5 SECTION 3. Subchapter B, Chapter 26, Water Code, is amended
5-6 by adding Section 26.0231 to read as follows:
5-7 Sec. 26.0231. CERTIFICATION OF FEDERALLY AUTHORIZED
5-8 DISCHARGES. (a) The commission may exercise the powers reserved
5-9 to the state under Section 401, Federal Water Pollution Control Act
5-10 (33 U.S.C. Section 1341), as amended, to:
5-11 (1) certify that the discharge of a pollutant will not
5-12 cause a violation of applicable water quality standards; or
5-13 (2) waive certification.
5-14 (b) The commission shall waive its review under this section
5-15 until September 1, 2001, for a project undertaken in a district
5-16 that has notified the commission under Subchapter K, Chapter 16,
5-17 that development of a regional flood control plan has begun,
5-18 unless:
5-19 (1) an environmental impact statement is required
5-20 under the National Environmental Policy Act of 1969 (42 U.S.C.
5-21 Section 4321 et seq.); or
5-22 (2) a review is necessary to maintain delegation of a
5-23 federally delegated program or approval of a federally approved
5-24 program.
5-25 (c) With respect to the activities described in Section
5-26 26.131, Water Code, the Railroad Commission of Texas may exercise
5-27 the powers reserved to the state under the Federal Water Pollution
6-1 Control Act (33 U.S.C. Section 1341), as amended.
6-2 (d) The policy of the commission in exercising its authority
6-3 under this section shall be to promote compensatory wetland
6-4 mitigation or payment of fees to substitute for wetland mitigation
6-5 in compliance with state water quality standards.
6-6 (e) The commission by rule shall develop an expedited
6-7 certification review process under Subsection (a) for:
6-8 (1) projects to be located in an area identified in a
6-9 regional flood control plan adopted under Subchapter K, Chapter 16,
6-10 as located outside flood hazard areas and appropriate for
6-11 development; or
6-12 (2) infrastructure projects to be located in areas
6-13 identified in a regional flood control plan adopted under
6-14 Subchapter K, Chapter 16, as flood hazard areas and not appropriate
6-15 for development.
6-16 (f) If a review process is required to maintain delegation
6-17 of a federally delegated program or approval of a federally
6-18 approved program, the commission shall develop a review process
6-19 that:
6-20 (1) complies with approved water quality standards;
6-21 (2) is not more stringent than the process required by
6-22 federal law;
6-23 (3) provides acreage thresholds, geographic
6-24 limitations, expedited review processes, and waivers of certain
6-25 project types;
6-26 (4) eliminates duplication of federal activities to
6-27 the extent possible; and
7-1 (5) assists applicants in complying with water quality
7-2 standards.
7-3 (g) A district that adopts a regional flood control plan
7-4 under Subchapter K, Chapter 16, may request assistance from the
7-5 Texas Water Development Board to create a system for payment to the
7-6 district by proponents of projects in areas identified in the
7-7 regional flood control plan as located outside the flood hazard
7-8 areas and suitable for development of fees instead of compensatory
7-9 wetlands mitigation. The fees shall be used by the plan
7-10 participants for acquisition of land in the areas identified as
7-11 flood hazard areas and not suitable for development.
7-12 SECTION 4. The importance of this legislation and the
7-13 crowded condition of the calendars in both houses create an
7-14 emergency and an imperative public necessity that the
7-15 constitutional rule requiring bills to be read on three several
7-16 days in each house be suspended, and this rule is hereby suspended,
7-17 and that this Act take effect and be in force from and after its
7-18 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2977 was passed by the House on May
8, 1999, by the following vote: Yeas 143, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2977 on May 26, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2977 was passed by the Senate, with
amendments, on May 24, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor