76R13295 WP-F                           
         By Hamric                                             H.B. No. 2977
         Substitute the following for H.B. No. 2977:
         By Hardcastle                                     C.S.H.B. No. 2977
                                A BILL TO BE ENTITLED
 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.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Section 5.104, Water Code, is amended by adding
 1-8     Subsection (c) to read as follows:
 1-9           (c)  The commission shall use its best efforts to develop a
1-10     memorandum of understanding with the United States Army Corps of
1-11     Engineers to foster regional programmatic permits under Section
1-12     404, Federal Water Pollution Control Act (33 U.S.C.  Section 1344),
1-13     as amended, in counties in which regional flood control plans have
1-14     been developed.
1-15           SECTION 2.  Chapter 16, Water Code, is amended by adding
1-16     Subchapter K to read as follows:
1-17                 SUBCHAPTER K.  REGIONAL FLOOD CONTROL PLANS
1-18           Sec. 16.381.  APPLICABILITY.  This subchapter applies only
1-19     to:
1-20                 (1)  a county with a population of 2.8 million or more;
1-21     and
1-22                 (2)  a district created under Section 59, Article XVI,
1-23     Texas Constitution, that:
1-24                       (A)  has boundaries coextensive with a county
 2-1     described by Subdivision (1); and
 2-2                       (B)  is authorized to provide storm water
 2-3     drainage and flood control facilities.
 2-4           Sec. 16.382.  REGIONAL FLOOD CONTROL PLANNING.  (a)  A
 2-5     district and county may cooperate to develop and adopt a regional
 2-6     flood control plan in the manner provided by Sections 16.315 and
 2-7     16.316.
 2-8           (b)  The regional flood control plan must:
 2-9                 (1)  include all land located within the boundaries of
2-10     a district that cooperates in preparing a regional plan; and
2-11                 (2)  be consistent with a master drainage plan adopted
2-12     by the district.
2-13           Sec. 16.383.  AUTHORITY TO ACQUIRE LAND.  A district that
2-14     prepares a regional flood control plan may purchase or receive from
2-15     a landowner property in the county.  For land purchased or received
2-16     under this subsection by a district or county, the regional flood
2-17     control plan must provide for flood mitigation and may identify
2-18     beneficial uses, including habitat restoration, natural floodplain
2-19     storage, parks, green space, intermodal transportation corridors,
2-20     and potential contracts with nonprofit corporations for
2-21     conservation uses.
2-22           Sec. 16.384.  RULES.  The regional flood control plan must
2-23     include rules requiring any development in the county to conform
2-24     with land use and control measures adopted by the district or
2-25     county under Section 16.315.
2-26           Sec. 16.385.  FUNDING.  (a)  The regional flood control plan
2-27     may identify possible means of funding for the purchase of land,
 3-1     including using:
 3-2                 (1)  fees as provided under Chapter 395, Local
 3-3     Government Code;
 3-4                 (2)  money distributed from the county flood control
 3-5     fund by the commissioners court of the county under Section
 3-6     256.006, Transportation Code;
 3-7                 (3)  grants from the Texas Water Development Board
 3-8     under the Texas Water Assistance Program in Chapter 15;
 3-9                 (4)  grants from any agency or program of the United
3-10     States government;
3-11                 (5)  tax and other revenue of a district created under
3-12     Section 59, Article XVI, Texas Constitution; and
3-13                 (6)  any available funding authorized by state or
3-14     federal law, including fees collected under Section 16.387.
3-15           (b)  A district that adopts a regional flood control plan
3-16     under this subchapter may request advice from the Texas Water
3-17     Development Board to identify means to finance the purchase of
3-18     land.
3-19           Sec. 16.386.  ADOPTION OF PLAN.  (a)  A district that
3-20     approves the development of a regional flood control plan under
3-21     this subchapter must notify the commission that a regional flood
3-22     control plan will be developed and must identify the boundaries of
3-23     the region to be included within the regional flood control plan.
3-24           (b)  Before final adoption of a regional flood control plan
3-25     authorized under this subchapter, the district must send the plan
3-26     to the commissioners court of the county for the review and
3-27     approval of the commissioners court.
 4-1           (c)  Not later than the 120th day after the date the
 4-2     commissioners court receives the regional flood control plan, the
 4-3     commissioners court shall:
 4-4                 (1)  adopt a resolution of approval and present the
 4-5     resolution to the district that submitted the plan; or
 4-6                 (2)  provide comments to the district indicating the
 4-7     changes in the plan that are required for the commissioners court
 4-8     to approve the plan.
 4-9           (d)  Before the commissioners court acts on a plan under
4-10     Subsection (c), the commissioners court shall conduct at least one
4-11     public meeting to receive comments.  Notice of the meeting must be
4-12     published in a local newspaper of general circulation in the county
4-13     not earlier than the 30th day and not later than the 10th day
4-14     before the date of the hearing.  At the meeting any person may
4-15     present information and data relevant to the proposed regional
4-16     flood control plan.
4-17           (e)  Not later than the 90th day after the date the district
4-18     receives comments from the commissioners court, the district shall
4-19     revise the regional flood control plan and submit the revised plan
4-20     to the commissioners court for review and approval.
4-21           Sec. 16.387.  FEES.  For permit applications in the district
4-22     under Section 404, Federal Water Pollution Control Act (33 U.S.C.
4-23     Section 1344), the district may facilitate the development of
4-24     alternative wetland mitigation programs.  A program may include the
4-25     imposition of fees instead of wetland mitigation activities.  The
4-26     district shall use money from the fees to acquire land in the areas
4-27     identified as flood hazard areas and not suitable for development.
 5-1           SECTION 3.  Subchapter B, Chapter 26, Water Code, is amended
 5-2     by adding Section 26.0231 to read as follows:
 5-3           Sec. 26.0231.  CERTIFICATION OF FEDERALLY AUTHORIZED
 5-4     DISCHARGES.  (a)  The commission may exercise the powers reserved
 5-5     to the state under Section 401, Federal Water Pollution Control Act
 5-6     (33 U.S.C. Section 1341), as amended, to:
 5-7                 (1)  certify that the discharge of a pollutant will not
 5-8     cause a violation of applicable water quality standards; or
 5-9                 (2)  waive certification.
5-10           (b)  The commission shall waive its review under this section
5-11     until September 1, 2001, for a project undertaken in a district
5-12     that has notified the commission under Subchapter K, Chapter 16,
5-13     that development of a regional flood control plan has begun,
5-14     unless:
5-15                 (1)  an environmental impact statement is required
5-16     under the National Environmental Policy Act of 1969 (42 U.S.C.
5-17     Section 4321 et seq.); or
5-18                 (2)  a review is necessary to maintain delegation of a
5-19     federally delegated program or approval of a federally approved
5-20     program.
5-21           (c)  The commission shall waive its review under this section
5-22     for projects intended primarily to prevent or minimize flooding or
5-23     improve drainage.
5-24           (d)  The policy of the commission in exercising its authority
5-25     under this section shall be to promote compensatory wetland
5-26     mitigation or payment of fees to substitute for wetland mitigation.
5-27     During the waiver period required by Subsection (b), the commission
 6-1     shall recognize and accept decisions made by the United States Army
 6-2     Corps of Engineers under Section 404, Federal  Water Pollution
 6-3     Control Act (33 U.S.C.  Section 1344), as amended, regarding the
 6-4     appropriate scope and extent of compensatory mitigation for a
 6-5     project, except where necessary to maintain delegation of a
 6-6     federally delegated program or approval of a federally approved
 6-7     program.
 6-8           (e)  The commission by rule shall develop an expedited
 6-9     certification review process under Subsection (a) for:
6-10                 (1)  projects to be located in an area identified in a
6-11     regional flood control plan adopted under Subchapter K, Chapter 16,
6-12     as located outside flood hazard areas and appropriate for
6-13     development; or
6-14                 (2)  infrastructure projects to be located in areas
6-15     identified in a regional flood control plan adopted under
6-16     Subchapter K, Chapter 16, as flood hazard areas and not appropriate
6-17     for development.
6-18           (f)  If a review process is required to maintain delegation
6-19     of a federally delegated program or approval of a federally
6-20     approved program, the commission shall develop a review process
6-21     that:
6-22                 (1)  complies with approved water quality standards;
6-23                 (2)  is not more stringent than the process required by
6-24     federal law;
6-25                 (3)  provides acreage thresholds, geographic
6-26     limitations, expedited review processes, and waivers of certain
6-27     project types;
 7-1                 (4)  eliminates duplication of federal activities to
 7-2     the extent possible; and
 7-3                 (5)  assists applicants in complying with water quality
 7-4     standards.
 7-5           (g)  A district that adopts a regional flood control plan
 7-6     under Subchapter K, Chapter 16, may request assistance from the
 7-7     Texas Water Development Board to create a system for payment to the
 7-8     district by proponents of projects in areas identified in the
 7-9     regional flood control plan as located outside the flood hazard
7-10     areas and suitable for development of fees instead of compensatory
7-11     wetlands mitigation.  The fees shall be used by the plan
7-12     participants for acquisition of land in the areas identified as
7-13     flood hazard areas and not suitable for development.
7-14           SECTION 4.  The importance of this legislation and the
7-15     crowded condition of the calendars in both houses create an
7-16     emergency and an imperative public necessity that the
7-17     constitutional rule requiring bills to be read on three several
7-18     days in each house be suspended, and this rule is hereby suspended,
7-19     and that this Act take effect and be in force from and after its
7-20     passage, and it is so enacted.