Texas 2009 - 81st Regular

Texas Senate Bill SB2317 Compare Versions

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1	1	By: Averitt S.B. No. 2317
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the composition, duties, recommendations, and expenses
7	7	of certain entities created to study and provide advice regarding
8	8	environmental flows.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsections (e) and (j), Section 11.0236, Water
11	11	Code, are amended to read as follows:
12	12	(e) The lieutenant governor shall designate an appointed
13	13	senator [with the most seniority] and the speaker of the house of
14	14	representatives shall designate an [the] appointed house member to
15	15	[with the most seniority] serve together as co-presiding officers
16	16	of the advisory group.
17	17	(j) The advisory group may adopt rules, procedures, and
18	18	policies as needed to administer this section, to implement its
19	19	responsibilities, and to exercise its authority under Sections
20	20	11.02361 and 11.02362. The advisory group may submit comments
21	21	regarding environmental flows to the board, the commission, or the
22	22	Parks and Wildlife Department at any time.
23	23	SECTION 2. Section 11.02361, Water Code, is amended by
24	24	amending Subsections (a), (b), (c), and (f) and adding Subsection
25	25	(b-1) to read as follows:
26	26	(a) The Texas environmental flows science advisory
27	27	committee consists of at least five but not more than nine members
28	28	appointed by the board [advisory group].
29	29	(b) The board, after consulting with the advisory group, the
30	30	commission, and the Parks and Wildlife Department, shall appoint to
31	31	the science advisory committee persons who will provide an
32	32	objective perspective and diverse technical expertise, including
33	33	expertise in hydrology, hydraulics, water resources, aquatic and
34	34	terrestrial biology, geomorphology, geology, water quality,
35	35	computer modeling, and other technical areas pertinent to the
36	36	evaluation of environmental flows.
37	37	(b-1) In making an appointment under this section, the board
38	38	shall ensure that the appointee to the science advisory committee
39	39	is not disqualified from service on the committee under provisions
40	40	of state law that apply to such appointees, including provisions
41	41	regarding conflicts of interest.
42	42	(c) Members of the science advisory committee serve
43	43	five-year terms expiring March 1. A vacancy on the science advisory
44	44	committee is filled by appointment by the board [co-presiding
45	45	officers of the advisory group] for the unexpired term.
46	46	(f) To assist the board [advisory group] to assess the
47	47	extent to which the recommendations of the science advisory
48	48	committee are considered and implemented, the commission and [,]
49	49	the Parks and Wildlife Department[, and the board] shall provide
50	50	written reports to the board and the advisory group, at intervals
51	51	determined by the board [advisory group], that describe:
52	52	(1) the actions taken by each agency in response to
53	53	each recommendation; and
54	54	(2) for each recommendation not implemented, the
55	55	reason it was not implemented.
56	56	SECTION 3. Section 11.02362, Water Code, is amended by
57	57	amending Subsections (c), (d), (e), (f), (g), (n), (o), (p), and (q)
58	58	and adding Subsections (d-1), (f-1), (i-1), and (q-1) to read as
59	59	follows:
60	60	(c) For the river basin and bay systems listed in Subsection
61	61	(b)(1):
62	62	(1) the board, after consulting with the advisory
63	63	group, the commission, and the Parks and Wildlife Department, shall
64	64	appoint the basin and bay area stakeholders committee not later
65	65	than November 1, 2007;
66	66	(2) the basin and bay area stakeholders committee
67	67	shall establish a basin and bay expert science team not later than
68	68	March 1, 2008;
69	69	(3) the basin and bay expert science team shall
70	70	finalize environmental flow regime recommendations and submit them
71	71	to the basin and bay area stakeholders committee, the board, the
72	72	advisory group, [and] the commission, and the Parks and Wildlife
73	73	Department not later than March 1, 2010 [2009], except that at the
74	74	request of the basin and bay area stakeholders committee for good
75	75	cause shown, the board [advisory group] may extend the deadline
76	76	provided by this subdivision;
77	77	(4) the basin and bay area stakeholders committee
78	78	shall submit to the board, the advisory group, the commission, and
79	79	the Parks and Wildlife Department its comments on and
80	80	recommendations regarding the basin and bay expert science team's
81	81	recommended environmental flow regime not later than September 1,
82	82	2010 [2009]; [and]
83	83	(5) if appropriate, the board shall submit to the
84	84	commission its comments on the environmental flow analyses and
85	85	environmental flow regime recommendations submitted by the basin
86	86	and bay expert science team not later than six months after the date
87	87	of receipt of the analyses and recommendations as provided by
88	88	Subsection (q); and
89	89	(6) the commission shall adopt the environmental flow
90	90	standards as provided by Section 11.1471 not later than September
91	91	1, 2011 [2010].
92	92	(d) For the river basin and bay systems listed in Subsection
93	93	(b)(2):
94	94	(1) the board, after consulting with the [The]
95	95	advisory group, the commission, and the Parks and Wildlife
96	96	Department, shall appoint the basin and bay area stakeholders
97	97	committee [committees for the river basin and bay systems listed in
98	98	Subsection (b)(2)] not later than November [September] 1, 2009;
99	99	(2) the basin and bay area stakeholders committee
100	100	shall establish a basin and bay expert science team not later than
101	101	March 1, 2010;
102	102	(3) the basin and bay expert science team shall
103	103	finalize environmental flow regime recommendations and submit them
104	104	to the basin and bay area stakeholders committee, the board, the
105	105	advisory group, the commission, and the Parks and Wildlife
106	106	Department not later than July 1, 2011, except that at the request
107	107	of the basin and bay area stakeholders committee for good cause
108	108	shown, the board may extend the deadline provided by this
109	109	subdivision;
110	110	(4) the basin and bay area stakeholders committee
111	111	shall submit to the board, the advisory group, the commission, and
112	112	the Parks and Wildlife Department its comments on and
113	113	recommendations regarding the basin and bay expert science team's
114	114	recommended environmental flow regime not later than February 1,
115	115	2012;
116	116	(5) if appropriate, the board shall submit to the
117	117	commission its comments on the environmental flow analyses and
118	118	environmental flow regime recommendations submitted by the basin
119	119	and bay expert science team not later than six months after the date
120	120	of receipt of the analyses and recommendations as provided by
121	121	Subsection (q); and
122	122	(6) the commission shall adopt the environmental flow
123	123	standards as provided by Section 11.1471 not later than February 1,
124	124	2013 [2008, and shall appoint the basin and bay area stakeholders
125	125	committees for the river basin and bay systems listed in Subsection
126	126	(b)(3) not later than September 1, 2009. The advisory group shall
127	127	establish a schedule for the performance of the tasks listed in
128	128	Subsections (c)(2) through (5) with regard to the river basin and
129	129	bay systems listed in Subsections (b)(2) and (3) that will result in
130	130	the adoption of environmental flow standards for that river basin
131	131	and bay system by the commission as soon as is reasonably possible.
132	132	Each basin and bay area stakeholders committee and basin and bay
133	133	expert science team for a river basin and bay system listed in
134	134	Subsection (b)(2) or (3) shall make recommendations to the advisory
135	135	group with regard to the schedule applicable to that river basin and
136	136	bay system. The advisory group shall consider the recommendations
137	137	of the basin and bay area stakeholders committee and basin and bay
138	138	expert science team as well as coordinate with, and give
139	139	appropriate consideration to the recommendations of, the
140	140	commission, the Parks and Wildlife Department, and the board in
141	141	establishing the schedule].
142	142	(d-1) For the river basin and bay systems listed in
143	143	Subsection (b)(3):
144	144	(1) the board, after consulting with the advisory
145	145	group, the commission, and the Parks and Wildlife Department, shall
146	146	appoint the basin and bay area stakeholders committee not later
147	147	than November 1, 2010;
148	148	(2) the basin and bay area stakeholders committee
149	149	shall establish a basin and bay expert science team not later than
150	150	March 1, 2011;
151	151	(3) the basin and bay expert science team shall
152	152	finalize environmental flow regime recommendations and submit them
153	153	to the basin and bay area stakeholders committee, the board, the
154	154	advisory group, the commission, and the Parks and Wildlife
155	155	Department not later than July 1, 2012, except that at the request
156	156	of the basin and bay area stakeholders committee for good cause
157	157	shown, the board may extend the deadline provided by this
158	158	subdivision;
159	159	(4) the basin and bay area stakeholders committee
160	160	shall submit to the board, the advisory group, the commission, and
161	161	the Parks and Wildlife Department its comments on and
162	162	recommendations regarding the basin and bay expert science team's
163	163	recommended environmental flow regime not later than February 1,
164	164	2013;
165	165	(5) if appropriate, the board shall submit to the
166	166	commission its comments on the environmental flow analyses and
167	167	environmental flow regime recommendations submitted by the basin
168	168	and bay expert science team not later than six months after the date
169	169	of receipt of the analyses and recommendations as provided by
170	170	Subsection (q); and
171	171	(6) the commission shall adopt the environmental flow
172	172	standards as provided by Section 11.1471 not later than February 1,
173	173	2014.
174	174	(e) For a river basin and bay system or a river basin that
175	175	does not have an associated bay system in this state not listed in
176	176	Subsection (b), the board [advisory group] shall establish a
177	177	schedule for the development of environmental flow regime
178	178	recommendations and the adoption of environmental flow standards.
179	179	The board [advisory group] shall develop the schedule in
180	180	consultation with the commission, the Parks and Wildlife
181	181	Department, the advisory group [board], and the pertinent basin and
182	182	bay area stakeholders committee and basin and bay expert science
183	183	team. The board [advisory group] may, on its own initiative or on
184	184	request, modify a schedule established under this subsection to be
185	185	more responsive to particular circumstances, local desires,
186	186	changing conditions, or time-sensitive conflicts. This subsection
187	187	does not prohibit, in a river basin and bay system for which the
188	188	board [advisory group] has not yet established a schedule for the
189	189	development of environmental flow regime recommendations and the
190	190	adoption of environmental flow standards, an effort to develop
191	191	information on environmental flow needs and ways in which those
192	192	needs can be met by a voluntary consensus-building process.
193	193	(f) The board, after consulting with the advisory group, the
194	194	commission, and the Parks and Wildlife Department, shall appoint a
195	195	basin and bay area stakeholders committee for each river basin and
196	196	bay system in this state for which a schedule for the development of
197	197	environmental flow regime recommendations and the adoption of
198	198	environmental flow standards is specified by or established under
199	199	Subsection (c), (d), (d-1), or (e). Chapter 2110, Government Code,
200	200	does not apply to the size, composition, or duration of a basin and
201	201	bay area stakeholders committee. Each committee must consist of at
202	202	least 17 members. The membership of each committee must:
203	203	(1) reflect a fair and equitable balance of interest
204	204	groups concerned with the particular river basin and bay system for
205	205	which the committee is established; and
206	206	(2) be representative of appropriate stakeholders,
207	207	including the following if they have a presence in the particular
208	208	river basin and bay system for which the committee is established:
209	209	(A) agricultural water users, including
210	210	representatives of each of the following sectors:
211	211	(i) agricultural irrigation;
212	212	(ii) free-range livestock; and
213	213	(iii) concentrated animal feeding
214	214	operation;
215	215	(B) recreational water users, including coastal
216	216	recreational anglers and businesses supporting water recreation;
217	217	(C) municipalities;
218	218	(D) soil and water conservation districts;
219	219	(E) industrial water users, including
220	220	representatives of each of the following sectors:
221	221	(i) refining;
222	222	(ii) chemical manufacturing;
223	223	(iii) electricity generation; and
224	224	(iv) production of paper products or
225	225	timber;
226	226	(F) commercial fishermen;
227	227	(G) public interest groups;
228	228	(H) regional water planning groups;
229	229	(I) groundwater conservation districts;
230	230	(J) river authorities and other conservation and
231	231	reclamation districts with jurisdiction over surface water; and
232	232	(K) environmental interests.
233	233	(f-1) In appointing a member to a basin and bay area
234	234	stakeholders committee, the board shall ensure that the appointee
235	235	is not disqualified from service on the committee under provisions
236	236	of state law that apply to such appointees, including provisions
237	237	regarding conflicts of interest.
238	238	(g) Members of a basin and bay area stakeholders committee
239	239	serve five-year terms expiring March 1. On the expiration of a
240	240	member's term, the board shall make an appointment to the committee
241	241	in accordance with Subsections (f) and (f-1). If a vacancy occurs
242	242	on a committee, the remaining members of the committee by majority
243	243	vote shall appoint a member to serve the remainder of the unexpired
244	244	term.
245	245	(i-1) In appointing a member to a basin and bay expert
246	246	science team, the basin and bay area stakeholders committee shall
247	247	ensure that the appointee is not disqualified from service on the
248	248	team under provisions of state law that apply to such appointees,
249	249	including provisions regarding conflicts of interest.
250	250	(n) Each basin and bay expert science team shall submit its
251	251	environmental flow analyses and environmental flow regime
252	252	recommendations to the pertinent basin and bay area stakeholders
253	253	committee, the board, the advisory group, [and] the commission, and
254	254	the Parks and Wildlife Department in accordance with the applicable
255	255	schedule specified by or established under Subsection (c), (d),
256	256	(d-1), or (e). The basin and bay area stakeholders committee and
257	257	the board [advisory group] may not change the environmental flow
258	258	analyses or environmental flow regime recommendations of the basin
259	259	and bay expert science team.
260	260	(o) Each basin and bay area stakeholders committee shall
261	261	review the environmental flow analyses and environmental flow
262	262	regime recommendations submitted by the committee's basin and bay
263	263	expert science team and shall consider them in conjunction with
264	264	other factors, including the present and future needs for water for
265	265	other uses related to water supply planning in the pertinent river
266	266	basin and bay system. For the Rio Grande, the basin and bay area
267	267	stakeholders committee shall also consider the water accounting
268	268	requirements for any international water sharing treaty, minutes,
269	269	and agreement applicable to the Rio Grande and the effects on
270	270	allocation of water by the Rio Grande watermaster in the middle and
271	271	lower Rio Grande. The Rio Grande basin and bay expert science team
272	272	may not recommend any environmental flow regime that would result
273	273	in a violation of a treaty or court decision. The basin and bay area
274	274	stakeholders committee shall develop recommendations regarding
275	275	environmental flow standards and strategies to meet the
276	276	environmental flow standards and submit those recommendations to
277	277	the commission, the board, [and to] the advisory group, and the
278	278	Parks and Wildlife Department in accordance with the applicable
279	279	schedule specified by or established under Subsection (c), (d),
280	280	(d-1), or (e). In developing its recommendations, the basin and bay
281	281	area stakeholders committee shall operate on a consensus basis to
282	282	the maximum extent possible.
283	283	(p) In recognition of the importance of adaptive
284	284	management, after submitting its recommendations regarding
285	285	environmental flow standards and strategies to meet the
286	286	environmental flow standards to the commission, each basin and bay
287	287	area stakeholders committee, with the assistance of the pertinent
288	288	basin and bay expert science team, shall prepare and submit for
289	289	approval by the board [advisory group] a work plan. The work plan
290	290	must:
291	291	(1) establish a periodic review of the basin and bay
292	292	environmental flow analyses and environmental flow regime
293	293	recommendations, environmental flow standards, and strategies, to
294	294	occur at least once every 10 years;
295	295	(2) prescribe specific monitoring, studies, and
296	296	activities; and
297	297	(3) establish a schedule for continuing the validation
298	298	or refinement of the basin and bay environmental flow analyses and
299	299	environmental flow regime recommendations, the environmental flow
300	300	standards adopted by the commission, and the strategies to achieve
301	301	those standards.
302	302	(q) In accordance with the applicable schedule specified by
303	303	or established under Subsection (c), (d), (d-1), or (e), the board
304	304	[advisory group], with input from the science advisory committee,
305	305	shall review the environmental flow analyses and environmental flow
306	306	regime recommendations submitted by each basin and bay expert
307	307	science team. If appropriate, the board [advisory group] shall
308	308	submit comments on the analyses and recommendations to the
309	309	commission for use by the commission in adopting rules under
310	310	Section 11.1471. Comments must be submitted not later than six
311	311	months after the date of receipt of the analyses and
312	312	recommendations.
313	313	(q-1) In performing its duties and exercising its authority
314	314	related to environmental flows under this section or other law, the
315	315	board shall consult with the advisory group.
316	316	SECTION 4. Subsection (b), Section 11.1471, Water Code, is
317	317	amended to read as follows:
318	318	(b) In adopting environmental flow standards for a river
319	319	basin and bay system under Subsection (a)(1), the commission shall
320	320	consider:
321	321	(1) the definition of the geographical extent of the
322	322	river basin and bay system adopted by the advisory group under
323	323	Section 11.02362(a) and the definition and designation of the river
324	324	basin by the board under Section 16.051(c);
325	325	(2) the schedule established by the board [advisory
326	326	group] under Section 11.02362(d) or (e) for the adoption of
327	327	environmental flow standards for the river basin and bay system, if
328	328	applicable;
329	329	(3) the environmental flow analyses and the
330	330	recommended environmental flow regime developed by the applicable
331	331	basin and bay expert science team under Section 11.02362(m);
332	332	(4) the recommendations developed by the applicable
333	333	basin and bay area stakeholders committee under Section 11.02362(o)
334	334	regarding environmental flow standards and strategies to meet the
335	335	flow standards;
336	336	(5) any comments submitted by the board [advisory
337	337	group] to the commission under Section 11.02362(q);
338	338	(6) the specific characteristics of the river basin
339	339	and bay system;
340	340	(7) economic factors;
341	341	(8) the human and other competing water needs in the
342	342	river basin and bay system;
343	343	(9) all reasonably available scientific information,
344	344	including any scientific information provided by the science
345	345	advisory committee; and
346	346	(10) any other appropriate information.
347	347	SECTION 5. Section 15.4063, Water Code, is amended to read
348	348	as follows:
349	349	Sec. 15.4063. ENVIRONMENTAL FLOWS FUNDING. The board may
350	350	authorize the use of money in the research and planning fund:
351	351	(1) to compensate the members of the Texas
352	352	environmental flows science advisory committee established under
353	353	Section 11.02361 for attendance and participation at meetings of
354	354	the committee and for transportation, meals, lodging, or other
355	355	travel expenses other than out-of-state travel expenses associated
356	356	with attendance at those meetings as provided by the General
357	357	Appropriations Act;
358	358	(2) for contracts with cooperating state and federal
359	359	agencies and universities and with private entities as necessary to
360	360	provide technical assistance to enable the Texas environmental
361	361	flows science advisory committee and the basin and bay expert
362	362	science teams established under Section 11.02362 to perform their
363	363	statutory duties;
364	364	(3) to compensate the members of the basin and bay
365	365	expert science teams established under Section 11.02362 for
366	366	attendance and participation at meetings of the basin and bay
367	367	expert science teams and for transportation, meals, lodging, or
368	368	other travel expenses other than out-of-state travel expenses
369	369	associated with attendance at those meetings as provided by the
370	370	General Appropriations Act; and
371	371	(4) for contracts with political subdivisions
372	372	designated as representatives of basin and bay area stakeholders
373	373	committees established under Section 11.02362 to fund all or part
374	374	of the administrative expenses incurred in conducting meetings of
375	375	the basin and bay area stakeholders committees or the pertinent
376	376	basin and bay expert science teams.
377	377	SECTION 6. The changes in law made by this Act to Sections
378	378	11.02361 and 11.02362, Water Code, in the appointment and
379	379	qualifications of members of the Texas environmental flows science
380	380	advisory committee, a basin and bay area stakeholders committee,
381	381	and a basin and bay expert science team do not affect the
382	382	entitlement of a member serving on a committee or team immediately
383	383	before the effective date of this Act to continue to serve and
384	384	function as a member of the committee or team for the remainder of
385	385	the member's term. Those changes in law apply only to a member
386	386	appointed on or after the effective date of this Act.
387	387	SECTION 7. This Act takes effect September 1, 2009.