S.B. No. 503
AN ACT
1-1 relating to certain pollution control and to soil and water
1-2 conservation land improvement measures.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 201.026, Agriculture Code, is amended to
1-5 read as follows:
1-6 Sec. 201.026. NONPOINT SOURCE POLLUTION. (a) The state
1-7 board is the lead agency in this state for activity relating to
1-8 abating agricultural and silvicultural nonpoint source pollution.
1-9 The state board shall plan, implement, and manage programs and
1-10 practices for abating agricultural and silvicultural nonpoint
1-11 source pollution. Other state agencies with responsibility for
1-12 abating agricultural and silvicultural nonpoint source pollution
1-13 shall coordinate any abatement programs and activities with the
1-14 state board.
1-15 (b) The state board shall represent the state before the
1-16 federal Environmental Protection Agency or other federal agencies
1-17 on a matter relating to agricultural or silvicultural nonpoint
1-18 source pollution. Nothing herein shall impair the ability of the
1-19 General Land Office to represent the state before any federal
1-20 agency in matters relating to the state's participation in the
1-21 federal coastal zone management program. Nothing herein shall
1-22 impair the ability of the Texas Natural Resource Conservation
1-23 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 The state board shall certify a plan that satisfies the state
2-17 board's rules and criteria and complies with state water quality
2-18 standards established by the Texas Natural Resource Conservation
2-19 Commission. The Texas Natural Resource Conservation Commission has
2-20 the sole and exclusive authority to set water quality standards for
2-21 all water in the state.
2-22 (d) Complaints concerning a violation of a water quality
2-23 management plan or a violation of a law or rule relating to
2-24 agricultural or silvicultural nonpoint source pollution under the
2-25 jurisdiction of the state board shall be referred to the state
3-1 board. The state board, in cooperation with the local soil and
3-2 water conservation district, shall investigate the complaint. On
3-3 completion of the investigation, the state board, in consultation
3-4 with the soil and water conservation district, either shall
3-5 determine that further action is not warranted or shall develop and
3-6 implement a corrective action plan to address the complaint. If
3-7 the person about whom the complaint has been made fails or refuses
3-8 to take corrective action, the state board shall refer the
3-9 complaint to the Texas Natural Resource Conservation Commission.
3-10 SECTION 2. Chapter 201, Agriculture Code, is amended by
3-11 adding Subchapter I to read as follows:
3-12 SUBCHAPTER I. COST-SHARE ASSISTANCE PROGRAM
3-13 FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES
3-14 Sec. 201.301. CREATION OF PROGRAM. The state board shall
3-15 administer a cost-share assistance program for soil and water
3-16 conservation land improvement measures.
3-17 Sec. 201.302. USE OF FUNDS. (a) The state board may
3-18 provide cost-share assistance to landowners or operators for the
3-19 installation of soil and water conservation land improvement
3-20 measures consistent with the purpose of controlling erosion,
3-21 conserving water, or protecting water quality.
3-22 (b) The state board may employ and contract with and provide
3-23 for the compensation of personnel and may take any other action
3-24 necessary to implement this subchapter.
3-25 (c) The state board may reimburse a conservation district
4-1 for the reasonable costs the district incurs in administering this
4-2 subchapter.
4-3 Sec. 201.303. ALLOCATION OF FUNDS. (a) The state board may
4-4 allocate funds under this subchapter among particular soil and
4-5 water conservation land improvement measures or among areas of the
4-6 state for each of the purposes provided by Section 201.302 of this
4-7 code.
4-8 (b) The state board may allocate funds among conservation
4-9 districts to pay the state's share of the costs of installing
4-10 eligible soil and water conservation land improvement measures on
4-11 agricultural lands within the districts and may adjust allocations
4-12 as needs change in order to achieve the most efficient use of
4-13 funds.
4-14 (c) A conservation district may submit a request for an
4-15 allocation of cost-share assistance funds to the state board. A
4-16 request must be submitted in the manner provided by the state
4-17 board.
4-18 (d) The state board shall set priorities for allocation of
4-19 cost-share assistance funds consistent with the purposes provided
4-20 by Section 201.302 of this code. The state board may consider
4-21 local priorities and needs in establishing priorities.
4-22 Sec. 201.304. ELIGIBILITY FOR COST-SHARE ASSISTANCE. As a
4-23 condition for assistance under this subchapter, the state board may
4-24 require that a person:
4-25 (1) own or operate agricultural land within the
5-1 boundaries of the conservation district providing cost-share
5-2 assistance;
5-3 (2) have a conservation plan approved by the
5-4 conservation district covering the land for which a soil and water
5-5 conservation land improvement measure is proposed; and
5-6 (3) include in the conservation plan practices for
5-7 which cost-share assistance is proposed.
5-8 Sec. 201.305. ELIGIBLE SOIL AND WATER CONSERVATION LAND
5-9 IMPROVEMENT MEASURES. (a) Soil and water conservation land
5-10 improvement measures eligible for cost-share assistance shall be
5-11 determined by the state board and must be consistent with the
5-12 purposes provided by Section 201.302 of this code. The state board
5-13 may consider local priorities and needs in determining eligible
5-14 measures.
5-15 (b) Each conservation district receiving an allocation of
5-16 cost-share assistance funds shall designate the soil and water
5-17 conservation land improvement measures that are eligible for
5-18 cost-share assistance within its boundaries, subject to approval by
5-19 the state board.
5-20 Sec. 201.306. APPLICATION FOR COST-SHARE ASSISTANCE. An
5-21 application for cost-share assistance may be made on forms provided
5-22 by the state board or by other means approved by the state board.
5-23 Sec. 201.307. APPROVAL OF APPLICATION. (a) A conservation
5-24 district may approve an application for cost-share assistance if
5-25 the soil and water conservation land improvement measure is
6-1 consistent with the purposes provided by Section 201.302 of this
6-2 code and the priorities established by the state board under
6-3 Section 201.303 of this code.
6-4 (b) A conservation district may not approve applications for
6-5 cost-share assistance funds in excess of the funds allocated to the
6-6 conservation district by the state board.
6-7 Sec. 201.308. COST-SHARE RATES. (a) The state board shall
6-8 establish the cost-share rates for all eligible soil and water
6-9 conservation land improvement measures.
6-10 (b) The state board may not bear more than 75 percent of the
6-11 cost of a soil and water conservation land improvement measure.
6-12 (c) A person may not receive cost-share assistance for a
6-13 soil and water conservation land improvement measure if the person
6-14 is simultaneously receiving cost-share assistance for the measure
6-15 from another source.
6-16 (d) The state board may grant an exception to Subsection (b)
6-17 of this section if the state board finds the higher share is
6-18 necessary to obtain adequate implementation of a certain soil and
6-19 water conservation land improvement measure.
6-20 (e) The state board may grant an exception to Subsection (c)
6-21 of this section if the state board finds that participation with
6-22 another cost-share assistance program will:
6-23 (1) enhance the efficiency and effectiveness of a soil
6-24 and water conservation land improvement measure; and
6-25 (2) lessen the state's financial commitment to the
7-1 soil and water conservation land improvement measure.
7-2 Sec. 201.309. STANDARDS AND SPECIFICATIONS. The state board
7-3 shall establish standards and specifications for soil and water
7-4 conservation land improvement measures eligible for cost-share
7-5 assistance.
7-6 Sec. 201.310. COST-SHARE PAYMENTS. (a) The state board
7-7 shall make each cost-share assistance payment directly to an
7-8 eligible person.
7-9 (b) Before making a payment to an eligible person for a soil
7-10 and water conservation land improvement measure, the state board
7-11 may require certification by the conservation district in which the
7-12 measure has been installed to determine if the measure has been
7-13 completely installed and satisfies the standards and specifications
7-14 established by the state board.
7-15 Sec. 201.311. DESIGNATION OF LOCAL DISTRICTS. The state
7-16 board may designate one or more conservation districts to
7-17 administer this subchapter locally.
7-18 SECTION 3. Subsection (a), Section 26.121, Water Code
7-19 (effective until delegation of NPDES permit authority to the Texas
7-20 Natural Resource Conservation Commission), is amended to read as
7-21 follows:
7-22 (a) Except as authorized by a rule, permit, or order issued
7-23 by the commission, no person may:
7-24 (1) discharge sewage, municipal waste, recreational
7-25 waste, agricultural waste, or industrial waste into or adjacent to
8-1 any water in the state;
8-2 (2) discharge other waste into or adjacent to any
8-3 water in the state which in itself or in conjunction with any other
8-4 discharge or activity causes, continues to cause, or will cause
8-5 pollution of any of the water in the state, unless the discharge
8-6 complies with the person's certified water quality management plan
8-7 approved by the State Soil and Water Conservation Board as provided
8-8 by Section 201.026, Agriculture Code; or
8-9 (3) commit any other act or engage in any other
8-10 activity which in itself or in conjunction with any other discharge
8-11 or activity causes, continues to cause, or will cause pollution of
8-12 any of the water in the state, unless the activity is under the
8-13 jurisdiction of the Parks and Wildlife Department, the General Land
8-14 Office, or the Railroad Commission of Texas, in which case this
8-15 subdivision does not apply.
8-16 SECTION 4. Subsection (a), Section 26.121, Water Code
8-17 (effective upon delegation of NPDES permit authority to the Texas
8-18 Natural Resource Conservation Commission), is amended to read as
8-19 follows:
8-20 (a) Except as authorized by the commission, no person may:
8-21 (1) discharge sewage, municipal waste, recreational
8-22 waste, agricultural waste, or industrial waste into or adjacent to
8-23 any water in the state;
8-24 (2) discharge other waste into or adjacent to any
8-25 water in the state which in itself or in conjunction with any other
9-1 discharge or activity causes, continues to cause, or will cause
9-2 pollution of any of the water in the state, unless the discharge
9-3 complies with a person's certified water quality management plan
9-4 approved by the State Soil and Water Conservation Board as provided
9-5 by Section 201.026, Agriculture Code; or
9-6 (3) commit any other act or engage in any other
9-7 activity which in itself or in conjunction with any other discharge
9-8 or activity causes, continues to cause, or will cause pollution of
9-9 any of the water in the state, unless the activity is under the
9-10 jurisdiction of the Parks and Wildlife Department, the General Land
9-11 Office, or the Railroad Commission of Texas, in which case this
9-12 subdivision does not apply.
9-13 SECTION 5. Subchapter D, Chapter 26, Water Code, is amended
9-14 by adding Section 26.1311 to read as follows:
9-15 Sec. 26.1311. DUTY OF STATE SOIL AND WATER CONSERVATION
9-16 BOARD. The State Soil and Water Conservation Board and its
9-17 authorized agents are responsible for the abatement and prevention
9-18 of pollution resulting from agricultural or silvicultural nonpoint
9-19 source pollution as provided by Section 201.026, Agriculture Code.
9-20 SECTION 6. The importance of this legislation and the
9-21 crowded condition of the calendars in both houses create an
9-22 emergency and an imperative public necessity that the
9-23 constitutional rule requiring bills to be read on three several
9-24 days in each house be suspended, and this rule is hereby suspended,
9-25 and that this Act take effect and be in force from and after its
10-1 passage, and it is so enacted.