1 | 1 | | By: Hegar S.B. No. 2328 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to the development of environmental flow regimes by the |
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7 | 7 | | Environmental Flows Advisory Group and Texas Commission on |
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8 | 8 | | Environmental Quality. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Water Code, Section 11.02362(c) and (d) are |
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11 | 11 | | amended and Section 11.02362(d-1) is added to read as follows: |
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12 | 12 | | Sec. 11.02362. DEVELOPMENT OF ENVIRONMENTAL FLOW REGIME |
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13 | 13 | | RECOMMENDATIONS. |
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14 | 14 | | (c) For the river basin and bay systems listed in Subsection |
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15 | 15 | | (b)(1): |
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16 | 16 | | (1) the advisory group shall appoint the basin and bay |
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17 | 17 | | area stakeholders committee not later than November 1, 2007; |
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18 | 18 | | (2) the basin and bay area stakeholders committee |
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19 | 19 | | shall establish a basin and bay expert science team not later than |
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20 | 20 | | March 1, 2008; |
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21 | 21 | | (3) the basin and bay expert science team shall |
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22 | 22 | | finalize environmental flow regime recommendations and submit them |
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23 | 23 | | to the basin and bay area stakeholders committee, the advisory |
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24 | 24 | | group, and the commission not later than March 1, [2009] 2010, |
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25 | 25 | | except that at the request of the basin and bay area stakeholders |
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26 | 26 | | committee for good cause shown, the advisory group may extend the |
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27 | 27 | | deadline provided by this subdivision; |
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28 | 28 | | (4) the basin and bay area stakeholders committee |
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29 | 29 | | shall submit to the advisory group and the commission its comments |
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30 | 30 | | on and recommendations regarding the basin and bay expert science |
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31 | 31 | | team's recommended environmental flow regime not later than |
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32 | 32 | | September 1, [2009] 2010; [and] |
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33 | 33 | | (5) the advisory group shall submit to the commission |
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34 | 34 | | its comments on and recommendations regarding the basin and bay |
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35 | 35 | | expert science team's recommended environmental flow regime not |
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36 | 36 | | later than December 31, 2010; and |
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37 | 37 | | (6) the commission shall adopt the environmental flow |
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38 | 38 | | standards as provided by Section 11.1471 not later than September |
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39 | 39 | | 1, [2010] 2011. |
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40 | 40 | | (d) For the river basin and bay systems listed in Subsection |
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41 | 41 | | (b)(2): |
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42 | 42 | | (1) [T] the advisory group shall appoint the basin and |
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43 | 43 | | bay area stakeholders committees [for the river basin and bay |
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44 | 44 | | systems listed in Subsection (b)(2)] not later than [September] |
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45 | 45 | | November 1, [2008] 2009;[, and shall appoint the basin and bay area |
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46 | 46 | | stakeholders committees for the river basin and bay systems listed |
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47 | 47 | | in Subsection (b)(3) not later than September 1, [2009] 2010. The |
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48 | 48 | | advisory group shall establish a schedule for the performance of |
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49 | 49 | | the tasks listed in Subsections (c)(2) through (5) with regard to |
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50 | 50 | | the river basin and bay systems listed in Subsections (b)(2) and (3) |
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51 | 51 | | that will result in the adoption of environmental flow standards |
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52 | 52 | | for that river basin and bay system by the commission as soon as is |
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53 | 53 | | reasonably possible. Each basin and bay area stakeholders |
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54 | 54 | | committee and basin and bay expert science team for a river basin |
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55 | 55 | | and bay system listed in Subsection (b)(2) or (3) shall make |
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56 | 56 | | recommendations to the advisory group with regard to the schedule |
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57 | 57 | | applicable to that river basin and bay system. The advisory group |
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58 | 58 | | shall consider the recommendations of the basin and bay area |
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59 | 59 | | stakeholders committee and basin and bay expert science team as |
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60 | 60 | | well as coordinate with, and give appropriate consideration to the |
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61 | 61 | | recommendations of, the commission, the Parks and Wildlife |
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62 | 62 | | Department, and the board in establishing the schedule.] |
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63 | 63 | | (2) the basin and bay area stakeholders committee |
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64 | 64 | | shall establish a basin and bay expert science team not later than |
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65 | 65 | | March 1, 2010; |
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66 | 66 | | (3) the basin and bay expert science team shall |
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67 | 67 | | finalize environmental flow regime recommendations and submit them |
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68 | 68 | | to the basin and bay area stakeholders committee, the advisory |
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69 | 69 | | group, and the commission not later than March 1, 2012, except that |
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70 | 70 | | at the request of the basin and bay area stakeholders committee for |
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71 | 71 | | good cause shown, the advisory group may extend the deadline |
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72 | 72 | | provided by this subdivision; |
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73 | 73 | | (4) the basin and bay area stakeholders committee |
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74 | 74 | | shall submit to the advisory group and the commission its comments |
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75 | 75 | | on and recommendations regarding the basin and bay expert science |
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76 | 76 | | team's recommended environmental flow regime not later than |
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77 | 77 | | September 1, 2012; |
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78 | 78 | | (5) the advisory group shall submit to the commission |
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79 | 79 | | its comments on and recommendations regarding the basin and bay |
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80 | 80 | | expert science team's recommended environmental flow regime not |
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81 | 81 | | later than December 31, 2012; and |
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82 | 82 | | (6) the commission shall adopt the environmental flow |
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83 | 83 | | standards as provided by Section 11.1471 not later than September |
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84 | 84 | | 1, 2013. |
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85 | 85 | | (d-1) For the river basin and bay systems listed in |
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86 | 86 | | Subsection (b)(3): |
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87 | 87 | | (1) [T]the advisory group shall appoint the basin and |
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88 | 88 | | bay area stakeholders committees for the river basin and bay |
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89 | 89 | | systems not later than November 1, 2010; |
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90 | 90 | | (2) the basin and bay area stakeholders committee |
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91 | 91 | | shall establish a basin and bay expert science team not later than |
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92 | 92 | | March 1, 2011; |
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93 | 93 | | (3) the basin and bay expert science team shall |
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94 | 94 | | finalize environmental flow regime recommendations and submit them |
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95 | 95 | | to the basin and bay area stakeholders committee, the advisory |
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96 | 96 | | group, and the commission not later than March 1, 2013, except that |
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97 | 97 | | at the request of the basin and bay area stakeholders committee for |
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98 | 98 | | good cause shown, the advisory group may extend the deadline |
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99 | 99 | | provided by this subdivision; |
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100 | 100 | | (4) the basin and bay area stakeholders committee |
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101 | 101 | | shall submit to the advisory group and the commission its comments |
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102 | 102 | | on and recommendations regarding the basin and bay expert science |
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103 | 103 | | team's recommended environmental flow regime not later than |
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104 | 104 | | September 1, 2013; |
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105 | 105 | | (5) the advisory group shall submit to the commission |
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106 | 106 | | its comments on and recommendations regarding the basin and bay |
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107 | 107 | | expert science team's recommended environmental flow regime not |
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108 | 108 | | later than December 31, 2013; and |
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109 | 109 | | (6) the commission shall adopt the environmental flow |
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110 | 110 | | standards as provided by Section 11.1471 not later than September |
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111 | 111 | | 31, 2014. |
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112 | 112 | | SECTION 2. This Act takes effect immediately if it receives |
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113 | 113 | | a vote of two-thirds of all the members elected to each house, as |
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114 | 114 | | provided by Section 39, Article III, Texas Constitution. If this |
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115 | 115 | | Act does not receive the vote necessary for immediate effect, this |
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116 | 116 | | Act takes effect September 1, 2009. |
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