80R16534 EJI-F

By: Paxton, Cook of Navarro, Gallego, O'Day, H.B. No. 2299

et al.

Substitute the following for H.B. No. 2299:

By: Puente C.S.H.B. No. 2299

A BILL TO BE ENTITLED

AN ACT

relating to equipment used for irrigation systems.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. 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. MINIMUM STANDARDS GOVERNING CERTAIN IRRIGATION SYSTEM EQUIPMENT. (a) This section applies only to an irrigation system owned by this state or a political subdivision of this state.

(b) The commission shall require a new or existing irrigation system to have a smart irrigation controller that:

(1) receives evapotranspiration data in a manner prescribed by commission rule; and

(2) includes an independent local rain and freeze shut-off device.

(c) This section does not apply to an existing irrigation system if the cost of installing a smart irrigation controller will exceed the amount of money saved by the installation over a period of one year.

(d) The commission shall establish guidelines to assist political subdivisions in determining for purposes of Subsection (c) whether the cost of installing a smart irrigation controller will exceed the amount of money saved by the installation.

(e) Not later than June 1, 2009, this state and each political subdivision of this state must comply with this section.

Sec. 5.903. MANDATORY IRRIGATION SYSTEM EQUIPMENT ORDINANCE. (a) 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 an irrigation system located in the political subdivision have a smart irrigation controller with:

(A) an independent rain and freeze shut-off device; and

(B) the capability of automatically controlling irrigation runoff based on the irrigation application rate, soil types, and terrains of the landscaped area;

(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 evapotranspiration-based irrigation controls receive data;

(B) the frequency with which controllers based on various technologies must collect data; and

(C) the manner in which the political subdivision must verify the compliance of controllers based on subscription-based technologies;

(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) references to local, state, and federal laws and regulations regarding standards for water-conserving irrigation equipment; and

(6) climate information for developing irrigation applications.

(b) A political subdivision of this state shall adopt an ordinance that meets or exceeds the requirements provided by Subsection (a) not later than June 1, 2009. If a political subdivision does not adopt an ordinance by that date, the political subdivision shall adopt the model ordinance described by Subsection (a).

(c) This section does not apply to a political subdivision that does not have authority under other law to adopt or enforce an ordinance described by Subsection (b).

Sec. 5.904. 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 includes an independent local rain and freeze shut-off device.

SECTION 2. 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(b), Water Code.

(e) This section 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 3. 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.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.