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).