Texas 2019 - 86th Regular

Texas Senate Bill SB8 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 8
	1	+	By: Perry, et al. S.B. No. 8
	2	+	(Larson)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to state and regional flood planning.
6	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	9		SECTION 1. Subchapter C, Chapter 16, Water Code, is amended
8	10		by adding Sections 16.061 and 16.062 to read as follows:
9	11		Sec. 16.061. STATE FLOOD PLAN. (a) Not later than
10	12		September 1, 2024, and before the end of each successive five-year
11	13		period after that date, the board shall prepare and adopt a
12	14		comprehensive state flood plan that incorporates the regional flood
13	15		plans approved under Section 16.062. The state flood plan must:
14	16		(1) provide for orderly preparation for and response
15	17		to flood conditions to protect against the loss of life and
16	18		property;
17	19		(2) be a guide to state and local flood control policy;
18	20		and
19	21		(3) contribute to water development where possible.
20	22		(b) The state flood plan must include:
21	23		(1) an evaluation of the condition and adequacy of
22	24		flood control infrastructure on a regional basis;
23	25		(2) a statewide, ranked list of ongoing and proposed
24	26		flood control and mitigation projects and strategies necessary to
25	27		protect against the loss of life and property from flooding and a
26	28		discussion of how those projects and strategies might further water
27	29		development, where applicable;
28	30		(3) an analysis of completed, ongoing, and proposed
29	31		flood control projects included in previous state flood plans,
30	32		including which projects received funding;
31	33		(4) an analysis of development in the 100-year
32	34		floodplain areas as defined by the Federal Emergency Management
33	35		Agency; and
34	36		(5) legislative recommendations the board considers
35	37		necessary to facilitate flood control planning and project
36	38		construction.
37	39		(c) The board, in coordination with the commission, the
38	40		Department of Agriculture, the General Land Office, the Parks and
39	41		Wildlife Department, the Texas Division of Emergency Management,
40	42		and the State Soil and Water Conservation Board, shall adopt
41	43		guidance principles for the state flood plan that reflect the
42	44		public interest of the entire state. The board shall review and
43	45		revise the guidance principles, with input from the commission, the
44	46		Department of Agriculture, the General Land Office, the Parks and
45	47		Wildlife Department, the Texas Division of Emergency Management,
46	48		and the State Soil and Water Conservation Board as necessary and at
47	49		least every fifth year to coincide with the five-year cycle for
48	50		adoption of a new state flood plan.
49	51		(d) On adoption of a state flood plan, the board shall
50	52		deliver the plan to the:
51	53		(1) governor;
52	54		(2) lieutenant governor;
53	55		(3) speaker of the house of representatives; and
54	56		(4) appropriate legislative committees and
55	57		legislative leadership.
56	58		Sec. 16.062. REGIONAL FLOOD PLANNING. (a) The board
57	59		shall:
58	60		(1) designate flood planning regions corresponding to
59	61		each river basin;
60	62		(2) provide technical and financial assistance to the
61	63		flood planning groups; and
62	64		(3) adopt guidance principles for the regional flood
63	65		plans, including procedures for amending adopted plans.
64	66		(b) In designating flood planning regions, the board may
65	67		divide river basins to avoid having an impracticably large area for
66	68		efficient planning in a flood planning region.
67	69		(c) The board shall designate representatives from each
68	70		flood planning region to serve as the initial flood planning group.
69	71		The initial flood planning group may then designate additional
70	72		representatives to serve on the flood planning group. The initial
71	73		flood planning group shall designate additional representatives if
72	74		necessary to ensure adequate representation from the interests in
73	75		its region, including the public, counties, municipalities,
74	76		industries, agricultural interests, environmental interests, small
75	77		businesses, electric generating utilities, river authorities,
76	78		water districts, and water utilities. The flood planning group
77	79		shall maintain adequate representation from those interests. In
78	80		addition, the board, the commission, the General Land Office, the
79	81		Parks and Wildlife Department, the Department of Agriculture, the
80	82		State Soil and Water Conservation Board, and the Texas Division of
81	83		Emergency Management each shall appoint a representative to serve
82	84		as an ex officio member of each flood planning group.
83	85		(d) Each regional flood planning group shall hold public
84	86		meetings as provided by board rule to gather from interested
85	87		persons, including members of the public and other political
86	88		subdivisions located in that county, suggestions and
87	89		recommendations as to issues, provisions, projects, and strategies
88	90		that should be considered for inclusion in a regional flood plan.
89	91		(e) Each flood planning group shall consider the
90	92		information collected under Subsection (d) in creating a regional
91	93		flood plan. A regional flood plan must:
92	94		(1) use information based on scientific data and
93	95		updated mapping; and
94	96		(2) include:
95	97		(A) a general description of the condition and
96	98		functionality of flood control infrastructure in the flood planning
97	99		region;
98	100		(B) flood control projects under construction or
99	101		in the planning stage;
100	102		(C) information on land use changes and
101	103		population growth in the flood planning region;
102	104		(D) an identification of the areas in the flood
103	105		planning region that are prone to flood and flood control solutions
104	106		for those areas; and
105	107		(E) an indication of whether a particular flood
106	108		control solution:
107	109		(i) meets an emergency need;
108	110		(ii) uses federal money as a funding
109	111		component; and
110	112		(iii) may also serve as a water supply
111	113		source.
112	114		(f) After a flood planning group prepares a regional flood
113	115		plan, the group shall hold at least one public meeting in a central
114	116		location in the flood planning region to accept comments on the
115	117		regional flood plan. The flood planning group shall:
116	118		(1) cooperate with the board to determine what method
117	119		of providing notice for the public meeting is most accessible to
118	120		persons in the flood planning region; and
119	121		(2) publish, post, or otherwise disseminate notice of
120	122		the public meeting according to the method described by Subdivision
121	123		(1).
122	124		(g) The notice published, posted, or otherwise disseminated
123	125		under Subsection (f) must contain:
124	126		(1) the date, time, and location of the public meeting
125	127		or hearing;
126	128		(2) a summary of the regional flood plan;
127	129		(3) the name, telephone number, and address of a
128	130		person to whom questions or requests for additional information may
129	131		be submitted; and
130	132		(4) information on how the public may submit comments.
131	133		(h) After consideration of the comments received at the
132	134		public meeting, the flood planning group shall adopt the regional
133	135		flood plan and submit the adopted regional flood plan to the board.
134	136		The board shall make a determination whether the regional flood
135	137		plan:
136	138		(1) satisfies the requirements for regional flood
137	139		plans adopted in the guidance principles described by Subsection
138	140		(a);
139	141		(2) adequately provides for the preservation of life
140	142		and property and the development of water supply sources, where
141	143		applicable; and
142	144		(3) affects a neighboring area.
143	145		(i) If the board makes a determination that an element of a
144	146		regional flood plan negatively affects a neighboring area, the
145	147		board must coordinate with the affected area to adjust the plan to
146	148		ensure that no neighboring area is negatively affected by the plan.
147	149		(j) The board shall approve a regional flood plan when it:
148	150		(1) satisfies the requirements of Subsections (h)(1)
149	151		and (2); and
150	152		(2) does not negatively affect a neighboring area.
151	153		(k) A flood planning group may amend a regional flood plan
152	154		after the plan has been approved by the board according to rules
153	155		adopted by the board.
154	156		(l) Each flood planning group and committee or subcommittee
155	157		of a flood planning group is subject to Chapters 551 and 552,
156	158		Government Code.
157	159		SECTION 2. Subchapter B, Chapter 201, Agriculture Code, is
158	160		amended by adding Section 201.0227 to read as follows:
159	161		Sec. 201.0227. TEN-YEAR DAM REPAIR AND MAINTENANCE PLAN;
160		-	~~REPORTS~~. (a) In this section:
	162	+	REPORT. (a) In this section:
161	163		(1) "Plan" means the 10-year dam repair,
162	164		rehabilitation, and maintenance plan adopted under this section.
163	165		(2) "Water development board" means the Texas Water
164	166		Development Board.
165	167		(b) The state board shall prepare and adopt a plan
166	168		describing the repair and maintenance needs of flood control dams
167	169		described by Subsection (c) and prepare and adopt a new plan before
168	170		the end of the 10th year following the adoption of a plan.
169	171		(c) The plan must include projects under the jurisdiction of
170	172		the state board and authorized under:
171	173		(1) Section 13, Flood Control Act of 1944 (Pub. L. No.
172	174		78-534);
173	175		(2) the pilot watershed program authorized under the
174	176		Department of Agriculture Appropriation Act, 1954 (Pub. L. No.
175	177		83-156);
176	178		(3) the Watershed Protection and Flood Prevention Act
177	179		(Pub. L. No. 83-566); and
178	180		(4) Subtitle H, Title XV, Agriculture and Food Act of
179	181		1981 (Pub. L. No. 97-98).
180	182		(d) The state board shall deliver the plan adopted under
181	183		this section to the water development board.
182		-	(d-1) The water development board, in coordination with the
183		-	state board and the Texas Commission on Environmental Quality,
184		-	shall prepare a report of the repair and maintenance needs of all
185		-	dams that:
186		-	(1) are not licensed by the Federal Energy Regulatory
187		-	Commission;
188		-	(2) do not have flood storage;
189		-	(3) are required to pass floodwaters; and
190		-	(4) have failed.
191	184		(e) Each year, the state board shall deliver to the water
192	185		development board a report regarding progress made on items listed
193	186		in the plan. If an update to the report or plan is necessary before
194	187		the yearly report or before the end of the 10-year cycle, the state
195	188		board must deliver to the water development board an amended report
196	189		or plan.
197	190		SECTION 3. (a) In this section:
198	191		(1) "Advisory committee" means the State Flood Plan
199	192		Implementation Advisory Committee.
200	193		(2) "Board" means the Texas Water Development Board.
201	194		(b) The State Flood Plan Implementation Advisory Committee
202	195		is composed of the following six members:
203	196		(1) the chair of the committee of the senate having
204	197		primary jurisdiction over water resources;
205	198		(2) the chair of the committee of the house of
206	199		representatives having primary jurisdiction over natural
207	200		resources;
208	201		(3) a member of the committee of the senate having
209	202		primary jurisdiction over matters relating to finance, appointed by
210	203		the lieutenant governor;
211	204		(4) a member of the committee of the house of
212	205		representatives having primary jurisdiction over appropriations,
213	206		appointed by the speaker of the house of representatives;
214	207		(5) a representative of the Texas Division of
215	208		Emergency Management, chosen by the division; and
216	209		(6) a representative of the State Soil and Water
217	210		Conservation Board, chosen by the State Soil and Water Conservation
218	211		Board.
219	212		(c) The chair of the committee of the senate having primary
220	213		jurisdiction over water resources and the chair of the committee of
221	214		the house of representatives having primary jurisdiction over
222	215		natural resources serve as the co-chairs of the advisory committee.
223	216		(d) The advisory committee may hold public hearings, formal
224	217		meetings, or work sessions. The advisory committee may not take
225	218		formal action at a public hearing, formal meeting, or work session
226	219		unless a quorum of the committee is present.
227	220		(e) Except as otherwise provided by this subsection, a
228	221		member of the advisory committee is not entitled to receive
229	222		compensation for service on the committee or reimbursement for
230	223		expenses incurred in the performance of official duties as a member
231	224		of the committee. Service on the advisory committee by a member of
232	225		the senate or house of representatives is considered legislative
233	226		service for which the member is entitled to reimbursement and other
234	227		benefits in the same manner and to the same extent as for other
235	228		legislative service.
236	229		(f) The advisory committee shall review the overall
237	230		operation, function, and structure of the state flood plan and
238	231		rules adopted by the board to implement the state flood plan at
239	232		least semiannually and may provide comments and recommendations to
240	233		the board on any matter.
241	234		(g) The advisory committee may adopt rules, procedures, and
242	235		policies as needed to administer this section and implement its
243	236		responsibilities.
244	237		(h) Chapter 2110, Government Code, does not apply to the
245	238		size, composition, or duration of the advisory committee.
246	239		(i) The advisory committee shall make recommendations to
247	240		the board regarding information to be posted on the board's
248	241		Internet website.
249	242		(j) This section expires and the advisory committee is
250	243		dissolved on September 1, 2021.
251	244		SECTION 4. (a) Not later than September 1, 2021, the Texas
252	245		Water Development Board shall adopt guidance principles for the
253	246		regional flood plans and designate flood planning regions
254	247		corresponding to each river basin as required by Section 16.062,
255	248		Water Code, as added by this Act.
256	249		(b) Not later than January 10, 2023, each flood planning
257	250		group shall submit a regional flood plan to the Texas Water
258	251		Development Board for the group's flood planning region, as
259	252		required by Section 16.062, Water Code, as added by this Act.
260	253		SECTION 5. This Act takes effect immediately if it receives
261	254		a vote of two-thirds of all the members elected to each house, as
262	255		provided by Section 39, Article III, Texas Constitution. If this
263	256		Act does not receive the vote necessary for immediate effect, this
264	257		Act takes effect September 1, 2019.
265		-	______________________________ ______________________________
266		-	President of the Senate Speaker of the House
267		-	I hereby certify that S.B. No. 8 passed the Senate on
268		-	March 20, 2019, by the following vote: Yeas 31, Nays 0; and that
269		-	the Senate concurred in House amendments on May 25, 2019, by the
270		-	following vote: Yeas 30, Nays 0.
271		-	______________________________
272		-	Secretary of the Senate
273		-	I hereby certify that S.B. No. 8 passed the House, with
274		-	amendments, on May 22, 2019, by the following vote: Yeas 139,
275		-	Nays 3, two present not voting.
276		-	______________________________
277		-	Chief Clerk of the House
278		-	Approved:
279		-	______________________________
280		-	Date
281		-	______________________________
282		-	Governor