By McReynolds H.B. No. 3355
77R8950 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to water quality management plans for agricultural
1-3 facilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 201.026, Agriculture Code, is amended to
1-6 read as follows:
1-7 Sec. 201.026. NONPOINT SOURCE POLLUTION. (a) The state
1-8 board is the lead agency in this state for activity relating to
1-9 abating agricultural and silvicultural nonpoint source pollution.
1-10 The state board shall plan, implement, and manage programs and
1-11 practices for abating agricultural and silvicultural nonpoint
1-12 source pollution. Other state agencies with responsibility for
1-13 abating agricultural and silvicultural nonpoint source pollution
1-14 shall coordinate any abatement programs and activities with the
1-15 state board.
1-16 (b) The state board shall represent the state before the
1-17 federal Environmental Protection Agency or other federal agencies
1-18 on a matter relating to agricultural or silvicultural nonpoint
1-19 source pollution. Nothing herein shall impair the ability of the
1-20 General Land Office to represent the state before any federal
1-21 agency in matters relating to the state's participation in the
1-22 federal coastal zone management program. Nothing herein shall
1-23 impair the ability of the Texas Natural Resource Conservation
1-24 Commission to represent the state before any federal agency in
2-1 matters relating to the state's overall participation in the
2-2 Federal Water Pollution Control Act (33 U.S.C. Section 1251 et
2-3 seq.).
2-4 (c) In an area that the state board identifies as having or
2-5 having the potential to develop agricultural or silvicultural
2-6 nonpoint source water quality problems or an area within the
2-7 "coastal zone" designated by the Coastal Coordination Council, the
2-8 state board shall establish a water quality management plan
2-9 certification program that provides, through local soil and water
2-10 conservation districts, for the development, supervision, and
2-11 monitoring of individual water quality management plans for
2-12 agricultural and silvicultural lands. Each plan must be developed,
2-13 maintained, and implemented under rules and criteria adopted by the
2-14 state board and comply with state water quality standards
2-15 established by the Texas Natural Resource Conservation Commission.
2-16 A plan that covers agricultural land on which animal carcasses will
2-17 be disposed of by burial shall include provisions for siting
2-18 criteria and appropriate management practices for the disposal of
2-19 animal carcasses. The state board shall certify a plan that
2-20 satisfies the state board's rules and criteria and complies with
2-21 state water quality standards established by the Texas Natural
2-22 Resource Conservation Commission. The Texas Natural Resource
2-23 Conservation Commission has the sole and exclusive authority to set
2-24 water quality standards for all water in the state. For a water
2-25 quality management plan that includes provisions for the disposal
2-26 of animal carcasses, the plan shall identify suitable locations for
2-27 disposal based on site-specific factors including land use, soil
3-1 conditions, or proximity to groundwater or surface water supplies.
3-2 A location of any suitable disposal area shall be determined in a
3-3 manner prescribed by the state board. Property that is the subject
3-4 of and compliant with the provisions of a certified water quality
3-5 management plan under this section is exempt from any deed
3-6 recordation requirements in state law or regulation related to the
3-7 disposal or management of industrial solid waste.
3-8 (d) The state board may develop and certify a water quality
3-9 management plan under this section for any agricultural or
3-10 silvicultural land at the request of the landowner.
3-11 (e) [(d)] Complaints concerning a violation of a water
3-12 quality management plan or a violation of a law or rule relating to
3-13 agricultural or silvicultural nonpoint source pollution under the
3-14 jurisdiction of the state board shall be referred to the state
3-15 board. The state board, in cooperation with the local soil and
3-16 water conservation district, shall investigate the complaint. On
3-17 completion of the investigation, the state board, in consultation
3-18 with the soil and water conservation district, either shall
3-19 determine that further action is not warranted or shall develop and
3-20 implement a corrective action plan to address the complaint. If
3-21 the person about whom the complaint has been made fails or refuses
3-22 to take corrective action, the state board shall refer the
3-23 complaint to the Texas Natural Resource Conservation Commission.
3-24 SECTION 2. This Act takes effect immediately if it receives
3-25 a vote of two-thirds of the members elected to each house, as
3-26 provided by Section 39, Article III, Texas Constitution. If this
3-27 Act does not receive the vote necessary for immediate effect, this
4-1 Act takes effect September 1, 2001.