Texas 2009 - 81st Regular

Texas Senate Bill SB2328 Compare Versions

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11 By: Hegar S.B. No. 2328
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44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to the development of environmental flow regimes by the
77 Environmental Flows Advisory Group and Texas Commission on
88 Environmental Quality.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Water Code, Section 11.02362(c) and (d) are
1111 amended and Section 11.02362(d-1) is added to read as follows:
1212 Sec. 11.02362. DEVELOPMENT OF ENVIRONMENTAL FLOW REGIME
1313 RECOMMENDATIONS.
1414 (c) For the river basin and bay systems listed in Subsection
1515 (b)(1):
1616 (1) the advisory group shall appoint the basin and bay
1717 area stakeholders committee not later than November 1, 2007;
1818 (2) the basin and bay area stakeholders committee
1919 shall establish a basin and bay expert science team not later than
2020 March 1, 2008;
2121 (3) the basin and bay expert science team shall
2222 finalize environmental flow regime recommendations and submit them
2323 to the basin and bay area stakeholders committee, the advisory
2424 group, and the commission not later than March 1, [2009] 2010,
2525 except that at the request of the basin and bay area stakeholders
2626 committee for good cause shown, the advisory group may extend the
2727 deadline provided by this subdivision;
2828 (4) the basin and bay area stakeholders committee
2929 shall submit to the advisory group and the commission its comments
3030 on and recommendations regarding the basin and bay expert science
3131 team's recommended environmental flow regime not later than
3232 September 1, [2009] 2010; [and]
3333 (5) the advisory group shall submit to the commission
3434 its comments on and recommendations regarding the basin and bay
3535 expert science team's recommended environmental flow regime not
3636 later than December 31, 2010; and
3737 (6) the commission shall adopt the environmental flow
3838 standards as provided by Section 11.1471 not later than September
3939 1, [2010] 2011.
4040 (d) For the river basin and bay systems listed in Subsection
4141 (b)(2):
4242 (1) [T] the advisory group shall appoint the basin and
4343 bay area stakeholders committees [for the river basin and bay
4444 systems listed in Subsection (b)(2)] not later than [September]
4545 November 1, [2008] 2009;[, and shall appoint the basin and bay area
4646 stakeholders committees for the river basin and bay systems listed
4747 in Subsection (b)(3) not later than September 1, [2009] 2010. The
4848 advisory group shall establish a schedule for the performance of
4949 the tasks listed in Subsections (c)(2) through (5) with regard to
5050 the river basin and bay systems listed in Subsections (b)(2) and (3)
5151 that will result in the adoption of environmental flow standards
5252 for that river basin and bay system by the commission as soon as is
5353 reasonably possible. Each basin and bay area stakeholders
5454 committee and basin and bay expert science team for a river basin
5555 and bay system listed in Subsection (b)(2) or (3) shall make
5656 recommendations to the advisory group with regard to the schedule
5757 applicable to that river basin and bay system. The advisory group
5858 shall consider the recommendations of the basin and bay area
5959 stakeholders committee and basin and bay expert science team as
6060 well as coordinate with, and give appropriate consideration to the
6161 recommendations of, the commission, the Parks and Wildlife
6262 Department, and the board in establishing the schedule.]
6363 (2) the basin and bay area stakeholders committee
6464 shall establish a basin and bay expert science team not later than
6565 March 1, 2010;
6666 (3) the basin and bay expert science team shall
6767 finalize environmental flow regime recommendations and submit them
6868 to the basin and bay area stakeholders committee, the advisory
6969 group, and the commission not later than March 1, 2012, except that
7070 at the request of the basin and bay area stakeholders committee for
7171 good cause shown, the advisory group may extend the deadline
7272 provided by this subdivision;
7373 (4) the basin and bay area stakeholders committee
7474 shall submit to the advisory group and the commission its comments
7575 on and recommendations regarding the basin and bay expert science
7676 team's recommended environmental flow regime not later than
7777 September 1, 2012;
7878 (5) the advisory group shall submit to the commission
7979 its comments on and recommendations regarding the basin and bay
8080 expert science team's recommended environmental flow regime not
8181 later than December 31, 2012; and
8282 (6) the commission shall adopt the environmental flow
8383 standards as provided by Section 11.1471 not later than September
8484 1, 2013.
8585 (d-1) For the river basin and bay systems listed in
8686 Subsection (b)(3):
8787 (1) [T]the advisory group shall appoint the basin and
8888 bay area stakeholders committees for the river basin and bay
8989 systems not later than November 1, 2010;
9090 (2) the basin and bay area stakeholders committee
9191 shall establish a basin and bay expert science team not later than
9292 March 1, 2011;
9393 (3) the basin and bay expert science team shall
9494 finalize environmental flow regime recommendations and submit them
9595 to the basin and bay area stakeholders committee, the advisory
9696 group, and the commission not later than March 1, 2013, except that
9797 at the request of the basin and bay area stakeholders committee for
9898 good cause shown, the advisory group may extend the deadline
9999 provided by this subdivision;
100100 (4) the basin and bay area stakeholders committee
101101 shall submit to the advisory group and the commission its comments
102102 on and recommendations regarding the basin and bay expert science
103103 team's recommended environmental flow regime not later than
104104 September 1, 2013;
105105 (5) the advisory group shall submit to the commission
106106 its comments on and recommendations regarding the basin and bay
107107 expert science team's recommended environmental flow regime not
108108 later than December 31, 2013; and
109109 (6) the commission shall adopt the environmental flow
110110 standards as provided by Section 11.1471 not later than September
111111 31, 2014.
112112 SECTION 2. This Act takes effect immediately if it receives
113113 a vote of two-thirds of all the members elected to each house, as
114114 provided by Section 39, Article III, Texas Constitution. If this
115115 Act does not receive the vote necessary for immediate effect, this
116116 Act takes effect September 1, 2009.