By: Hegar S.B. No. 2328

A BILL TO BE ENTITLED

AN ACT

relating to the development of environmental flow regimes by the Environmental Flows Advisory Group and Texas Commission on Environmental Quality.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Water Code, Section 11.02362(c) and (d) are amended and Section 11.02362(d-1) is added to read as follows:

Sec. 11.02362. DEVELOPMENT OF ENVIRONMENTAL FLOW REGIME RECOMMENDATIONS.

(c) For the river basin and bay systems listed in Subsection (b)(1):

(1) the advisory group shall appoint the basin and bay area stakeholders committee not later than November 1, 2007;

(2) the basin and bay area stakeholders committee shall establish a basin and bay expert science team not later than March 1, 2008;

(3) the basin and bay expert science team shall finalize environmental flow regime recommendations and submit them to the basin and bay area stakeholders committee, the advisory group, and the commission not later than March 1, [2009] 2010, except that at the request of the basin and bay area stakeholders committee for good cause shown, the advisory group may extend the deadline provided by this subdivision;

(4) the basin and bay area stakeholders committee shall submit to the advisory group and the commission its comments on and recommendations regarding the basin and bay expert science team's recommended environmental flow regime not later than September 1, [2009] 2010; [and]

(5) the advisory group shall submit to the commission its comments on and recommendations regarding the basin and bay expert science team's recommended environmental flow regime not later than December 31, 2010; and

(6) the commission shall adopt the environmental flow standards as provided by Section 11.1471 not later than September 1, [2010] 2011.

(d) For the river basin and bay systems listed in Subsection (b)(2):

(1) [T] the advisory group shall appoint the basin and bay area stakeholders committees [for the river basin and bay systems listed in Subsection (b)(2)] not later than [September] November 1, [2008] 2009;[, and shall appoint the basin and bay area stakeholders committees for the river basin and bay systems listed in Subsection (b)(3) not later than September 1, [2009] 2010. The advisory group shall establish a schedule for the performance of the tasks listed in Subsections (c)(2) through (5) with regard to the river basin and bay systems listed in Subsections (b)(2) and (3) that will result in the adoption of environmental flow standards for that river basin and bay system by the commission as soon as is reasonably possible. Each basin and bay area stakeholders committee and basin and bay expert science team for a river basin and bay system listed in Subsection (b)(2) or (3) shall make recommendations to the advisory group with regard to the schedule applicable to that river basin and bay system. The advisory group shall consider the recommendations of the basin and bay area stakeholders committee and basin and bay expert science team as well as coordinate with, and give appropriate consideration to the recommendations of, the commission, the Parks and Wildlife Department, and the board in establishing the schedule.]

(2) the basin and bay area stakeholders committee shall establish a basin and bay expert science team not later than March 1, 2010;

(3) the basin and bay expert science team shall finalize environmental flow regime recommendations and submit them to the basin and bay area stakeholders committee, the advisory group, and the commission not later than March 1, 2012, except that at the request of the basin and bay area stakeholders committee for good cause shown, the advisory group may extend the deadline provided by this subdivision;

(4) the basin and bay area stakeholders committee shall submit to the advisory group and the commission its comments on and recommendations regarding the basin and bay expert science team's recommended environmental flow regime not later than September 1, 2012;

(5) the advisory group shall submit to the commission its comments on and recommendations regarding the basin and bay expert science team's recommended environmental flow regime not later than December 31, 2012; and

(6) the commission shall adopt the environmental flow standards as provided by Section 11.1471 not later than September 1, 2013.

(d-1) For the river basin and bay systems listed in Subsection (b)(3):

(1) [T]the advisory group shall appoint the basin and bay area stakeholders committees for the river basin and bay systems not later than November 1, 2010;

(2) the basin and bay area stakeholders committee shall establish a basin and bay expert science team not later than March 1, 2011;

(3) the basin and bay expert science team shall finalize environmental flow regime recommendations and submit them to the basin and bay area stakeholders committee, the advisory group, and the commission not later than March 1, 2013, except that at the request of the basin and bay area stakeholders committee for good cause shown, the advisory group may extend the deadline provided by this subdivision;

(4) the basin and bay area stakeholders committee shall submit to the advisory group and the commission its comments on and recommendations regarding the basin and bay expert science team's recommended environmental flow regime not later than September 1, 2013;

(5) the advisory group shall submit to the commission its comments on and recommendations regarding the basin and bay expert science team's recommended environmental flow regime not later than December 31, 2013; and

(6) the commission shall adopt the environmental flow standards as provided by Section 11.1471 not later than September 31, 2014.

SECTION 2. 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, 2009.