1-1 By: Jackson, Bernsen S.B. No. 708 1-2 (In the Senate - Filed February 25, 1999; March 1, 1999, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 26, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 5, Nays 0; April 26, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 708 By: Armbrister 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the implementation and financing of approved management 1-11 plans for designated estuaries of national significance in the 1-12 state. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Chapter 5, Water Code, is amended by adding 1-15 Subchapter M to read as follows: 1-16 SUBCHAPTER M. ESTUARY MANAGEMENT PLANS 1-17 Sec. 5.551. DEFINITIONS. In this subchapter: 1-18 (1) "Approved implementation program" means an 1-19 implementation plan identified as part of an approved comprehensive 1-20 conservation and management plan. 1-21 (2) "Approved comprehensive conservation and 1-22 management plan" means an estuary management plan that is prepared 1-23 through the efforts of citizens, organizations, industries, local 1-24 governments, and state and national agencies working together as 1-25 part of the National Estuary Program to develop long-term 1-26 comprehensive conservation and management plans (CCMPs) and that 1-27 has been approved by the governor of Texas and the administrator of 1-28 the United States Environmental Protection Agency to protect the 1-29 environment and the economies of the state and of the regions with 1-30 estuaries. The term includes the plans for Galveston Bay and the 1-31 Coastal Bend estuaries. 1-32 (3) "Implementing agency" means the entity identified 1-33 for day-to-day administration of an estuary program. An 1-34 implementing agency may be a state agency or other local or 1-35 regional entity, as identified in an approved estuary management 1-36 plan. 1-37 (4) "National Estuary Program" means the cooperative 1-38 estuary management program authorized by and developed under 1-39 Section 320 of the Federal Water Pollution Control Act (33 U.S.C. 1-40 Section 1330), as amended. 1-41 Sec. 5.552. RECOGNITION OF NATIONAL SIGNIFICANCE OF 1-42 ESTUARIES OF TEXAS COAST. The state recognizes the state and 1-43 national significance of estuaries on the Texas coast and that the 1-44 cooperative efforts created by the National Estuary Program serve a 1-45 public and state purpose. By virtue of that state purpose, an 1-46 approved implementation program established under the National 1-47 Estuary Program is eligible to receive state funds through a grant 1-48 program administered by the commission. 1-49 Sec. 5.553. FINDING OF BENEFIT AND PUBLIC PURPOSE. The 1-50 state recognizes the importance of implementing estuary management 1-51 plans by protecting and improving water quality and restoring 1-52 estuarine habitat that makes the bays and estuaries productive, 1-53 protecting the economies of those areas, and continuing the 1-54 involvement of the public and the many interests who use and 1-55 appreciate the estuarine resources of Texas. State and local 1-56 government participation in estuary programs to protect natural 1-57 resources serves a public use and benefit. The state and the 1-58 implementing agencies recognize the prerogatives of local 1-59 governments and the sanctity of private property rights. No action 1-60 by an estuary program is intended to usurp the authority of any 1-61 local government. A local government's participation in or 1-62 withdrawal from an estuary program is at the sole discretion of the 1-63 local government and is subject only to the local government's 1-64 obligation to complete any financial commitment it has made. 2-1 Sec. 5.554. LEAD STATE AGENCY. The commission is the lead 2-2 state agency for the implementation of approved comprehensive 2-3 conservation and management plans developed under the National 2-4 Estuary Program. The commission may accept federal grants for 2-5 purposes of this subchapter and may award grants and enter into 2-6 contracts with an implementing agency for the implementation of 2-7 approved plans under this subchapter. 2-8 Sec. 5.555. STATE AGENCY PARTICIPATION. (a) The following 2-9 state agencies shall participate and provide assistance to the 2-10 estuary programs in implementing approved comprehensive 2-11 conservation and management plans: 2-12 (1) the General Land Office; 2-13 (2) the Parks and Wildlife Department; 2-14 (3) the Texas Department of Transportation; 2-15 (4) the Railroad Commission of Texas; 2-16 (5) the State Soil and Water Conservation Board; 2-17 (6) the Texas Water Development Board; and 2-18 (7) the Texas Department of Health. 2-19 (b) Other state agencies may participate as necessary or 2-20 convenient. 2-21 Sec. 5.556. ESTUARY PROGRAM OFFICES. To accomplish the 2-22 purposes of this subchapter, the estuary program office of any 2-23 estuary of the state included in the National Estuary Program and 2-24 for which the commission is the implementing agency shall be 2-25 maintained in the region of the estuary involved. 2-26 Sec. 5.557. IMPLEMENTATION FUNDING. Funding for the 2-27 implementation of approved comprehensive conservation and 2-28 management plans is to be shared by the state, local governments in 2-29 the area of the estuaries, the federal government, and other 2-30 participants. 2-31 Sec. 5.558. ELIGIBILITY FOR STATE FUNDING. A comprehensive 2-32 conservation and management plan is eligible for state funding to 2-33 assist in implementation of the plan if: 2-34 (1) the estuary involved has been designated jointly 2-35 by the governor and the United States Environmental Protection 2-36 Agency as an estuary of national significance in accordance with 2-37 Section 320 of the Federal Water Pollution Control Act (33 U.S.C. 2-38 Section 1330), as amended; and 2-39 (2) the comprehensive conservation and management plan 2-40 for the estuary involved, together with the accompanying 2-41 implementation plan, has been completed and approved. 2-42 Sec. 5.559. ADMINISTRATION. The commission, as the lead 2-43 state agency for administering the state's share of funds, and any 2-44 state agency designated as an implementing agency for an approved 2-45 comprehensive conservation and management plan may accept and make 2-46 grants and enter into contracts to accomplish the actions 2-47 identified in the approved plan and to further the purposes of this 2-48 subchapter. 2-49 SECTION 2. The importance of this legislation and the 2-50 crowded condition of the calendars in both houses create an 2-51 emergency and an imperative public necessity that the 2-52 constitutional rule requiring bills to be read on three several 2-53 days in each house be suspended, and this rule is hereby suspended, 2-54 and that this Act take effect and be in force from and after its 2-55 passage, and it is so enacted. 2-56 * * * * *