By Jackson, et al. S.B. No. 708 76R4896 MI-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the implementation and financing of approved management 1-3 plans for designated estuaries of national significance in the 1-4 state. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. DEFINITIONS. In this Act: 1-7 (1) "Approved implementation program" means an 1-8 implementation plan identified as part of an approved comprehensive 1-9 conservation and management plan. 1-10 (2) "Approved comprehensive conservation and 1-11 management plan" means an estuary management plan that is prepared 1-12 through the efforts of citizens, organizations, industries, local 1-13 governments, and state and national agencies working together as 1-14 part of the National Estuary Program to develop long-term 1-15 comprehensive conservation and management plans (CCMPs) and that 1-16 has been approved by the governor of Texas and the administrator of 1-17 the United States Environmental Protection Agency to protect the 1-18 environment and the economies of the state and of the regions with 1-19 estuaries. 1-20 (3) "Implementing agency" means the entity identified 1-21 for day-to-day administration of an estuary program. An 1-22 implementing agency may be a state agency or other local or 1-23 regional entity, as identified in an approved estuary management 1-24 plan. 2-1 (4) "National Estuary Program" means the cooperative 2-2 estuary management program authorized by and developed under 2-3 Section 320 of the Federal Water Pollution Control Act (33 U.S.C. 2-4 Section 1330), as amended. 2-5 SECTION 2. RECOGNITION OF NATIONAL SIGNIFICANCE OF ESTUARIES 2-6 OF TEXAS COAST. The state recognizes the state and national 2-7 significance of estuaries on the Texas coast and that the 2-8 cooperative efforts created by the National Estuary Program serve a 2-9 public and state purpose. By virtue of that state purpose, an 2-10 approved implementation program established under the National 2-11 Estuary Program is eligible to receive state funds through a grant 2-12 program administered by the Coastal Coordination Council. 2-13 SECTION 3. FINDING OF BENEFIT AND PUBLIC PURPOSE. The state 2-14 recognizes the importance of implementing estuary management plans 2-15 by protecting and improving water quality and restoring estuarine 2-16 habitat that makes the bays and estuaries productive and continuing 2-17 the involvement of the public and the many interests who use and 2-18 appreciate the estuarine resources of Texas. State participation 2-19 in estuary programs to protect state resources serves a public use 2-20 and benefit. 2-21 SECTION 4. LEAD STATE AGENCY. The Coastal Coordination 2-22 Council is the lead state agency for the implementation of approved 2-23 comprehensive conservation and management plans developed under the 2-24 National Estuary Program. 2-25 SECTION 5. STATE AGENCY PARTICIPATION. The following state 2-26 agencies shall participate and provide assistance to the estuary 2-27 programs in implementing approved comprehensive conservation and 3-1 management plans: 3-2 (1) the Texas Natural Resource Conservation 3-3 Commission; 3-4 (2) the Parks and Wildlife Department; 3-5 (3) the General Land Office; 3-6 (4) the State Soil and Water Conservation Board; 3-7 (5) the Railroad Commission of Texas; 3-8 (6) the Texas Water Development Board; 3-9 (7) the Texas Department of Health; and 3-10 (8) other agencies as appropriate or convenient. 3-11 SECTION 6. ESTUARY PROGRAM OFFICES. To accomplish the 3-12 purposes of this Act, the estuary program office of the Galveston 3-13 Bay Estuary, the Coastal Bend Bays Estuaries, and any other estuary 3-14 of the state included in the National Estuary Program shall be 3-15 maintained in the region of the estuary involved. 3-16 SECTION 7. IMPLEMENTATION FUNDING. Funding for the 3-17 implementation of approved comprehensive conservation and 3-18 management plans is to be shared by the state, local governments in 3-19 the area of the estuaries, and the federal government. 3-20 SECTION 8. ELIGIBILITY FOR STATE FUNDING. A comprehensive 3-21 conservation and management plan is eligible for state funding to 3-22 assist in implementation of the plan if: 3-23 (1) the estuary involved has been designated jointly 3-24 by the governor and the United States Environmental Protection 3-25 Agency as an estuary of national significance in accordance with 3-26 Section 320 of the Federal Water Pollution Control Act (33 U.S.C. 3-27 Section 1330), as amended; and 4-1 (2) the comprehensive conservation and management plan 4-2 for the estuary involved, together with the accompanying 4-3 implementation plan, has been completed and approved. 4-4 SECTION 9. ADMINISTRATION. The Coastal Coordination 4-5 Council, as the lead state agency for administering the state's 4-6 share of funds, and any state agency designated as an implementing 4-7 agency for an approved comprehensive conservation and management 4-8 plan may accept and make grants and enter into contracts to 4-9 accomplish the actions identified in the approved plan and to 4-10 further the purposes of this Act. 4-11 SECTION 10. EMERGENCY. The importance of this legislation 4-12 and the crowded condition of the calendars in both houses create an 4-13 emergency and an imperative public necessity that the 4-14 constitutional rule requiring bills to be read on three several 4-15 days in each house be suspended, and this rule is hereby suspended, 4-16 and that this Act take effect and be in force from and after its 4-17 passage, and it is so enacted.