BILL ANALYSIS
Senate Research Center S.B. 517
By: Armbrister
AUTHOR'S/SPONSOR'S STATEMENT OF INTENT
There are emerging technologies and alternatives to combating coastal erosion, but the current law does not allow for the expenditure of Coastal Erosion Planning and Response Act (CEPRA) funds on any hard structure, such as geotextile tube, seawall, or revetment, for use in a coastal erosion demonstration. Current law gives preference to "soft" methods and currently all types of erosion control other than beach nourishment are considered hard structures.
S.B. 517 provides more flexibility for the use of CEPRA funding and broadens the scope of potential demonstration projects. State funding of shared project costs for such demonstration projects could not exceed ten percent of the total amount of CEPRA funding in a biennium.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 33.603, Natural Resources Code, by amending Subsections (b) and (d) and adding Subsection (g) and (h), as follows:
(b) Requires the [coastal erosion] studies and projects to address the use of hard or soft structures on bay shorelines as a method of avoiding, slowing, or remedying erosion, storm damage removal and relocation of structures from public beaches, and to address structural shoreline protection projects that use innovative technologies designed or engineered to minimize beach scour. Deletes the requirement that the studies and projects address the use of hard structures on bay shorelines, giving preference to "soft" methods of avoiding, slowing, or remedying erosion in lieu of erecting hard or rigid shorefront structures. Makes nonsubstantive changes.
(d) Makes an exception, as provided by Subsections (b)(8) (construction or retrofitting of dams and other impoundment structures that include sediment bypassing systems) and (12) (structural shoreline protection projects that use innovative technologies) to the provision that this chapter does not authorize the construction or funding of a hard structure on or landward of a public beach. Makes a nonsubstantive change.
(g) Authorizes the commissioner of the General Land Office (commissioner), notwithstanding Subsection (d), each biennium to undertake or provide funding for one or more erosion response demonstration projects if the state's portion of the shared project cost does not exceed one-tenth of the total amount appropriated to the General Land Office for coastal erosion planning and response.
(h) Authorizes the commissioner, notwithstanding Subsection (e), to determine the percentage of the shared project cost a qualified project partner must pay for a project undertaken pursuant to Subsection (b)(11) for removal of debris or structures, or relocation of structures from the public beach; provided, however, that no money in the account may be used for a project undertaken pursuant to Subsection (b)(11) to purchase real property or reimburse a property owner for the purchase of real property.
SECTION 2. Effective date: September 1, 2005.