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Amend CSSB 3 (house committee printing) by adding the
following appropriately numbered SECTIONS to ARTICLE 2 of the bill
and renumbering subsequent SECTIONS of that article accordingly:
SECTION ____. Chapter 5, Water Code, is amended by adding
Subchapter S to read as follows:
SUBCHAPTER S. STANDARDS FOR IRRIGATION SYSTEM EQUIPMENT
Sec. 5.901. DEFINITIONS. In this subchapter:
(1) "Evapotranspiration" means the loss of water to
evaporation and plant transpiration.
(2) "Evapotranspiration-based irrigation control"
means an automatic irrigation control product that uses
evapotranspiration data based on climatic conditions and other data
to make daily adjustments to irrigation applications so as to
conserve water by applying irrigation only in an amount necessary
to sustain the healthy growth of plants in a landscaped area.
(3) "Irrigation application" means the duration,
frequency, and time of irrigation.
(4) "Irrigation runoff" means surface runoff of water
generated when the irrigation application rate exceeds the soil
infiltration rate and moisture saturation level.
(5) "Irrigation system" has the meaning assigned by
Section 1903.001, Occupations Code.
(6) "Smart irrigation controller" means an automatic
irrigation control product that uses actual soil moisture sensing,
an evapotranspiration-based irrigation control, or other
technology to make periodic adjustments to irrigation applications
so as to conserve water by applying irrigation only in an amount
necessary to sustain the healthy growth of plants in a landscaped
area.
Sec. 5.902. MODEL IRRIGATION SYSTEM EQUIPMENT ORDINANCE.
The commission shall develop a model ordinance for use by each
political subdivision of this state that requires new irrigation
systems to have smart irrigation controls based on climatic
conditions, specific terrains and soil types, and other
environmental conditions. The ordinance must include:
(1) a requirement that a new irrigation system located
in the political subdivision have a smart irrigation controller
with the capability of automatically controlling irrigation runoff
based on the irrigation application rate, soil type, terrain of the
landscaped area, or any other factor considered relevant by the
commission;
(2) the minimum requirements that must be met to
comply with this section for controllers based on various
technologies, including:
(A) the manner in which and the frequency with
which controllers based on various technologies must collect data;
(B) the manner in which the political subdivision
may verify the compliance of controllers based on various
technologies; and
(C) whether an independent rain and freeze
shut-off device is required based on local climate conditions.
(3) a requirement that the political subdivision
withhold a certificate of occupancy for a residential or commercial
structure until the political subdivision determines that the
irrigation system used by the structure complies with the
ordinance;
(4) a requirement that, before the effective date of a
contract binding a purchaser to purchase residential or commercial
property that has an irrigation system, the purchaser or seller, or
both, must ensure that the irrigation system complies with the
ordinance;
(5) a requirement that a smart irrigation controller
be installed at the time of the repair or alteration of an existing
irrigation system if:
(A) the repair or alteration requires the
replacement of the controller; or
(B) the irrigation system supplies water to a
landscaped area that is to be increased by more than 20 percent;
(6) references to local, state, and federal laws and
regulations regarding standards for water-conserving irrigation
equipment; and
(7) climate information for developing irrigation
applications.
Sec. 5.903. CERTAIN IRRIGATION SYSTEM EQUIPMENT REQUIRED.
(a) After January 1, 2011, an irrigation controller may not be sold
or installed in this state unless the irrigation controller is a
smart irrigation controller.
(b) The commission shall require each new or existing
irrigation system to have a smart irrigation controller that meets
the standards for smart irrigation controller capabilities
prescribed by Section 5.902(1), Water Code.
SECTION ____. Section 1903.053, Occupations Code, is
amended by adding Subsections (d) and (e) to read as follows:
(d) Except as provided by Subsection (e), after June 1,
2009, any installation of a new irrigation system or repair or
alteration of an existing system must meet the standard for smart
irrigation controller capabilities prescribed by Section 5.902(1),
Water Code.
(e) Subsection (d) applies to the repair or alteration of an
existing irrigation system only if:
(1) the repair or alteration requires the replacement
of the controller; or
(2) the irrigation system supplies water to a
landscaped area that is to be increased by more than 20 percent.
SECTION ____. Not later than June 1, 2008, the Texas
Commission on Environmental Quality shall adopt rules necessary to
implement Subchapter S, Chapter 5, Water Code, and Sections
1903.053(d) and (e), Occupations Code, as added by this Act. In
developing the rules necessary to implement those provisions, the
commission shall consult with the Irrigator Advisory Council.