1-1     By:  Hamric (Senate Sponsor - Lindsay)                H.B. No. 2977
 1-2           (In the Senate - Received from the House May 10, 1999;
 1-3     May 10, 1999, read first time and referred to Committee on Natural
 1-4     Resources; May 13, 1999, reported favorably, as amended, by the
 1-5     following vote:  Yeas 5, Nays 0; May 13, 1999, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                               By:  Bivins
 1-7           Amend H.B. 2977 (House Engrossment) as follows:
 1-8           (1)  In SECTION 26.0231 of the bill strike subsection (c)
 1-9     (page 3, lines 15 to 18) and substitute the following:
1-10           "(c)  With respect to the activities described in Section
1-11     26.131, Water Code, the Railroad Commission of Texas may exercise
1-12     the powers reserved to the state under the Federal Water Pollution
1-13     Control Act (33 U.S.C. Section 1341), as amended."
1-14           (2)  In SECTION 26.0231 of the bill after "mitigation" and
1-15     before the "." insert "in compliance with state water quality
1-16     standards"
1-17           (3)  In SECTION 26.0231 of the bill, page 3, strike lines 21
1-18     through 28.
1-19                            A BILL TO BE ENTITLED
1-20                                   AN ACT
1-21     relating to the authority of the Texas Natural Resource
1-22     Conservation Commission to certify that the discharge of a
1-23     pollutant will not cause a violation of certain water quality
1-24     standards under the Federal Water Pollution Control Act.
1-25           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26           SECTION 1.  Section 5.104, Water Code, is amended by adding
1-27     Subsection (c) to read as follows:
1-28           (c)  The commission shall use its best efforts to develop a
1-29     memorandum of understanding with the United States Army Corps of
1-30     Engineers to foster regional programmatic permits under Section
1-31     404, Federal Water Pollution Control Act (33 U.S.C.  Section 1344),
1-32     as amended, in counties in which regional flood control plans have
1-33     been developed.
1-34           SECTION 2.  Chapter 16, Water Code, is amended by adding
1-35     Subchapter K to read as follows:
1-36                 SUBCHAPTER K.  REGIONAL FLOOD CONTROL PLANS
1-37           Sec. 16.381.  APPLICABILITY.  This subchapter applies only
1-38     to:
1-39                 (1)  a county with a population of 2.8 million or more;
1-40     and
1-41                 (2)  a district created under Section 59, Article XVI,
1-42     Texas Constitution, that:
1-43                       (A)  has boundaries coextensive with a county
1-44     described by Subdivision (1); and
1-45                       (B)  is authorized to provide storm water
1-46     drainage and flood control facilities.
1-47           Sec. 16.382.  REGIONAL FLOOD CONTROL PLANNING.  (a)  A
1-48     district and county may cooperate to develop and adopt a regional
1-49     flood control plan in the manner provided by Sections 16.315 and
1-50     16.316.
1-51           (b)  The regional flood control plan must:
1-52                 (1)  include all land located within the boundaries of
1-53     a district that cooperates in preparing a regional plan; and
1-54                 (2)  be consistent with a master drainage plan adopted
1-55     by the district.
1-56           Sec. 16.383.  AUTHORITY TO ACQUIRE LAND.  (a)  A district
1-57     that prepares a regional flood control plan may purchase or receive
1-58     from a landowner property in the county.  For land purchased or
1-59     received under this subsection by a district or county, the
1-60     regional flood control plan must provide for flood mitigation and
1-61     may identify beneficial uses, including habitat restoration,
1-62     natural floodplain storage, parks, green space, intermodal
1-63     transportation corridors, and potential contracts with nonprofit
 2-1     corporations for conservation uses.
 2-2           (b)  A district may not acquire land under this subchapter by
 2-3     the power of eminent domain.
 2-4           Sec. 16.384.  RULES.  The regional flood control plan must
 2-5     include rules requiring any development in the county to conform
 2-6     with land use and control measures adopted by the district or
 2-7     county under Section 16.315.
 2-8           Sec. 16.385.  FUNDING.  (a)  The regional flood control plan
 2-9     may identify possible means of funding for the purchase of land,
2-10     including using:
2-11                 (1)  fees as provided under Chapter 395, Local
2-12     Government Code;
2-13                 (2)  money distributed from the county flood control
2-14     fund by the commissioners court of the county under Section
2-15     256.006, Transportation Code;
2-16                 (3)  grants from the Texas Water Development Board
2-17     under the Texas Water Assistance Program in Chapter 15;
2-18                 (4)  grants from any agency or program of the United
2-19     States government;
2-20                 (5)  tax and other revenue of a district created under
2-21     Section 59, Article XVI, Texas Constitution; and
2-22                 (6)  any available funding authorized by state or
2-23     federal law, including fees collected under Section 16.387.
2-24           (b)  A district that adopts a regional flood control plan
2-25     under this subchapter may request advice from the Texas Water
2-26     Development Board to identify means to finance the purchase of
2-27     land.
2-28           Sec. 16.386.  ADOPTION OF PLAN.  (a)  A district that
2-29     approves the development of a regional flood control plan under
2-30     this subchapter must notify the commission that a regional flood
2-31     control plan will be developed and must identify the boundaries of
2-32     the region to be included within the regional flood control plan.
2-33           (b)  Before final adoption of a regional flood control plan
2-34     authorized under this subchapter, the district must send the plan
2-35     to the commissioners court of the county for the review and
2-36     approval of the commissioners court.
2-37           (c)  Not later than the 120th day after the date the
2-38     commissioners court receives the regional flood control plan, the
2-39     commissioners court shall:
2-40                 (1)  adopt a resolution of approval and present the
2-41     resolution to the district that submitted the plan; or
2-42                 (2)  provide comments to the district indicating the
2-43     changes in the plan that are required for the commissioners court
2-44     to approve the plan.
2-45           (d)  Before the commissioners court acts on a plan under
2-46     Subsection (c), the commissioners court shall conduct at least one
2-47     public meeting to receive comments.  Notice of the meeting must be
2-48     published in a local newspaper of general circulation in the county
2-49     not earlier than the 30th day and not later than the 10th day
2-50     before the date of the hearing.  At the meeting any person may
2-51     present information and data relevant to the proposed regional
2-52     flood control plan.
2-53           (e)  Not later than the 90th day after the date the district
2-54     receives comments from the commissioners court, the district shall
2-55     revise the regional flood control plan and submit the revised plan
2-56     to the commissioners court for review and approval.
2-57           Sec. 16.387.  FEES.  For permit applications in the district
2-58     under Section 404, Federal Water Pollution Control Act (33 U.S.C.
2-59     Section 1344), the district may facilitate the development of
2-60     alternative wetland mitigation programs.  A program may include the
2-61     imposition of fees instead of wetland mitigation activities.  The
2-62     district shall use money from the fees to acquire land in the areas
2-63     identified as flood hazard areas and not suitable for development.
2-64           SECTION 3.  Subchapter B, Chapter 26, Water Code, is amended
2-65     by adding Section 26.0231 to read as follows:
2-66           Sec. 26.0231.  CERTIFICATION OF FEDERALLY AUTHORIZED
2-67     DISCHARGES.  (a)  The commission may exercise the powers reserved
2-68     to the state under Section 401, Federal Water Pollution Control Act
2-69     (33 U.S.C. Section 1341), as amended, to:
 3-1                 (1)  certify that the discharge of a pollutant will not
 3-2     cause a violation of applicable water quality standards; or
 3-3                 (2)  waive certification.
 3-4           (b)  The commission shall waive its review under this section
 3-5     until September 1, 2001, for a project undertaken in a district
 3-6     that has notified the commission under Subchapter K, Chapter 16,
 3-7     that development of a regional flood control plan has begun,
 3-8     unless:
 3-9                 (1)  an environmental impact statement is required
3-10     under the National Environmental Policy Act of 1969 (42 U.S.C.
3-11     Section 4321 et seq.); or
3-12                 (2)  a review is necessary to maintain delegation of a
3-13     federally delegated program or approval of a federally approved
3-14     program.
3-15           (c)  The commission shall waive its review under this section
3-16     for projects intended primarily to prevent or minimize flooding or
3-17     improve drainage.
3-18           (d)  The policy of the commission in exercising its authority
3-19     under this section shall be to promote compensatory wetland
3-20     mitigation or payment of fees to substitute for wetland mitigation.
3-21     During the waiver period required by Subsection (b), the commission
3-22     shall recognize and accept decisions made by the United States Army
3-23     Corps of Engineers under Section 404, Federal  Water Pollution
3-24     Control Act (33 U.S.C.  Section 1344), as amended, regarding the
3-25     appropriate scope and extent of compensatory mitigation for a
3-26     project, except where necessary to maintain delegation of a
3-27     federally delegated program or approval of a federally approved
3-28     program.
3-29           (e)  The commission by rule shall develop an expedited
3-30     certification review process under Subsection (a) for:
3-31                 (1)  projects to be located in an area identified in a
3-32     regional flood control plan adopted under Subchapter K, Chapter 16,
3-33     as located outside flood hazard areas and appropriate for
3-34     development; or
3-35                 (2)  infrastructure projects to be located in areas
3-36     identified in a regional flood control plan adopted under
3-37     Subchapter K, Chapter 16, as flood hazard areas and not appropriate
3-38     for development.
3-39           (f)  If a review process is required to maintain delegation
3-40     of a federally delegated program or approval of a federally
3-41     approved program, the commission shall develop a review process
3-42     that:
3-43                 (1)  complies with approved water quality standards;
3-44                 (2)  is not more stringent than the process required by
3-45     federal law;
3-46                 (3)  provides acreage thresholds, geographic
3-47     limitations, expedited review processes, and waivers of certain
3-48     project types;
3-49                 (4)  eliminates duplication of federal activities to
3-50     the extent possible; and
3-51                 (5)  assists applicants in complying with water quality
3-52     standards.
3-53           (g)  A district that adopts a regional flood control plan
3-54     under Subchapter K, Chapter 16, may request assistance from the
3-55     Texas Water Development Board to create a system for payment to the
3-56     district by proponents of projects in areas identified in the
3-57     regional flood control plan as located outside the flood hazard
3-58     areas and suitable for development of fees instead of compensatory
3-59     wetlands mitigation.  The fees shall be used by the plan
3-60     participants for acquisition of land in the areas identified as
3-61     flood hazard areas and not suitable for development.
3-62           SECTION 4.  The importance of this legislation and the
3-63     crowded condition of the calendars in both houses create an
3-64     emergency and an imperative public necessity that the
3-65     constitutional rule requiring bills to be read on three several
3-66     days in each house be suspended, and this rule is hereby suspended,
3-67     and that this Act take effect and be in force from and after its
3-68     passage, and it is so enacted.
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