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.