HBA-CBW C.S.H.B. 2310 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2310
By: Chisum
Agriculture & Livestock
3/28/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The State Soil and Water Conservation Board (board) works with agricultural
landowners to protect the state's soil and water resources through
voluntary, nonregulatory programs.  The board does so by defining the
state's management plan for abating nonpoint source pollution from
agricultural and forestry operations and by providing technical assistance
and financial incentives to farmers who establish water quality management
plans as well as ranchers participating in a pilot brush control project. 

The board is subject to the Texas Sunset Act and will be abolished on
September 1, 2001, unless continued by the legislature.  The Sunset
Advisory Commission recommended continuation of the agency, along with
several statutory modifications.  C.S.H.B.  2310 provides for the
continuation of the board and requires the board to establish certain goals
regarding the abatement of nonpoint source pollution. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B.  2310 amends the Agriculture Code to provide for the continuation
of the State Soil and Water Conservation Board (board) until September 1,
2013 (Sec. 201.025). The bill requires the board to establish goals,
including the setting of priorities among voluntary efforts to reduce
nonpoint source pollution, assisting landowners, and providing the
agricultural community information regarding the jurisdictions of the board
and the Texas Natural Resource Conservation Commission (TNRCC) related to
nonpoint source pollution (Sec. 201.026). 

The bill requires the board to notify TNRCC  not later than the 10th
business day after the date the board decertifies a water quality
management plan for an animal feeding operation and update the board's
identification of priority areas for the control of nonpoint source
pollution at least every four years. The bill sets forth provisions
regarding the considerations of the board for changes to identified
priority areas (Sec. 201.026). The bill requires the board to maintain
detailed records about each board referral of an agricultural or
silvicultural operation to TNRCC for enforcement, including information
regarding final disposition by TNRCC (Sec. 201.027). 

The bill sets forth provisions regarding the election of directors to the
board of a soil and water conservation district (conservation district)
(Sec. 201.073).  The bill requires the board to make certain considerations
regarding the allocation of funds to owners of land in priority areas and
keep records of financial incentive disbursements made to such land owners
(Sec. 201.303).   

The bill requires the executive director or the executive director's
designee to provide to board employees information and training on the
benefits and methods of participating in the state employee incentive
program ( Sec. 201.0192). 

 
The bill sets forth standard Sunset Advisory Commission recommendations
regarding conflicts of interest, member training, member removal, standards
of conduct, the development of an equal employment policy, and the
maintaining of written complaints (Secs. 201.0141, 201.0142, 201.0151,
201.019, 201.0191, and 201.0231). 

EFFECTIVE DATE

September 1, 2001.  Provisions regarding the election of directors apply
only to an election of directors of a soil and water conservation district
required to be held in 2002 or a subsequent year (SECTION 15). 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2310 differs from the original bill by providing that a permit or
other authorization is not required as prerequisite for the land
application of animal waste for beneficial use at agronomic rates to
property that is not owned or controlled by the owner or operator of a
facility that is required to hold a permit or other authorization under
provisions relating to water quality control. The substitute stipulates
that these provisions do not affect the authority of the Texas Natural
Resource Conservation Commission (TNRCC) to investigate or take enforcement
action against a point source discharge. On the request of the owner of
land on which animal waste is applied for agricultural purposes, the
substitute authorizes the State Soil and Water Conservation Board (board)
to create and certify a water quality management plan for the land. The
substitute also changes the time requirement for the board to notify TNRCC
of a decertification of a water quality management plan for an animal
feeding operation from immediately to not later than the 10th business day.
The substitute requires the board to consider bodies of water TNRCC has
identified as impaired through the state water quality assessment process,
rather than through the maximum daily load process (Sec. 201.026).   

The substitute provides that the Act will not impair the ability of the
Texas Department of Agriculture to represent the state before any federal
agency in matters relating to the state's overall participation in the
Federal Insecticide, Fungicide, and Rodenticide Act. The substitute
requires the board to maintain detailed records about each board referral
of an agricultural or silvicultural operation, rather than a farming
operation, to TNRCC (Sec. 201.027). The substitute modifies provisions
regarding the election of directors to soil and water conservation
districts to provide that election functions are to occur at a location
designated by the district, rather than at the district's business office
(Sec. 201.073). The substitute differs from the original bill by requiring
the board to make certain considerations regarding the allocation of funds
to owners of land in priority areas, rather than owners of land adjacent to
priority areas (Sec. 201.303).