| 5 | 2 | | |
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| 6 | 3 | | |
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| 7 | 4 | | A BILL TO BE ENTITLED |
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| 8 | 5 | | AN ACT |
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| 9 | 6 | | relating to programs to provide incentives for conserving water in |
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| 10 | 7 | | outdoor landscapes. |
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| 11 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 9 | | SECTION 1. Title 3, Agriculture Code, is amended by adding |
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| 13 | 10 | | Chapter 46A to read as follows: |
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| 14 | 11 | | CHAPTER 46A. LANDSCAPE AND IRRIGATION INCENTIVE PROGRAMS |
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| 15 | 12 | | Sec. 46A.001. DEFINITIONS. In this chapter: |
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| 16 | 13 | | (1) "Evapotranspiration" means the loss of water to |
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| 17 | 14 | | evaporation and plant transpiration. |
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| 18 | 15 | | (2) "Governmental entity" means a state agency or |
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| 19 | 16 | | political subdivision. |
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| 20 | 17 | | (3) "Irrigation application" means the duration, |
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| 21 | 18 | | frequency, and time of irrigation. |
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| 22 | 19 | | (4) "Landscape incentive program" means a program that |
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| 23 | 20 | | provides monetary incentives to encourage the replacement of a lawn |
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| 24 | 21 | | with landscaping that requires less water to maintain than the |
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| 25 | 22 | | existing lawn, such as landscaping that includes drought-resistant |
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| 26 | 23 | | plants. |
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| 27 | 24 | | (5) "Retail public utility" has the meaning assigned |
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| 28 | 25 | | by Section 13.002, Water Code. |
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| 29 | 26 | | Sec. 46A.002. DEPARTMENT LISTS OF PLANTS AND LANDSCAPE |
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| 31 | 29 | | and publish a list of publicly funded programs in this state that |
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| 32 | 30 | | encourage the replacement of a lawn with landscaping that requires |
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| 33 | 31 | | less water to maintain than the existing lawn. |
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| 34 | 32 | | (b) A governmental entity or retail public utility that |
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| 35 | 33 | | operates a landscape incentive program that is wholly or partly |
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| 36 | 34 | | funded with public money shall register the program with the |
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| 37 | 35 | | department for inclusion on the list described by Subsection (a). |
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| 38 | 36 | | (c) To provide information for administrators of and |
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| 39 | 37 | | participants in landscape incentive programs in this state, the |
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| 40 | 38 | | department shall establish, maintain, and publish for each type of |
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| 41 | 39 | | climate in this state a list of types of grasses and other plants |
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| 42 | 40 | | that the department determines can sustain healthy growth in that |
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| 43 | 41 | | climate with minimal irrigation. |
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| 44 | 42 | | (d) The department may adopt rules as necessary to implement |
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| 45 | 43 | | this section. |
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| 46 | 44 | | Sec. 46A.003. IRRIGATION INCENTIVE PROGRAMS. A |
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| 47 | 45 | | governmental entity or retail public utility that operates a |
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| 48 | 46 | | landscape incentive program that is wholly or partly funded with |
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| 49 | 47 | | public money may, except as otherwise provided by other law, |
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| 50 | 48 | | provide as part of the program monetary incentives for the purchase |
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| 51 | 49 | | and installation of irrigation or sprinkler controllers that make |
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| 52 | 50 | | periodic adjustments to irrigation applications based on weather |
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| 53 | 51 | | conditions, evapotranspiration rates, and soil moisture levels for |
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| 54 | 52 | | the purpose of conserving water by applying irrigation only in an |
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| 55 | 53 | | amount necessary to sustain the healthy growth of the irrigated |
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| 56 | 54 | | plants, such as: |
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| 57 | 55 | | (1) evapotranspiration-based controllers; |
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| 58 | 56 | | (2) smart irrigation controllers; |
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| 59 | 57 | | (3) smart sprinkler controllers; and |
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| 60 | 58 | | (4) weather-based irrigation controllers. |
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| 61 | 59 | | SECTION 2. This Act takes effect September 1, 2017. |
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