Presenters:
Larry McKinney,
Earl Chilton
Commission Agenda Item No. 5
Briefing
Statewide Vegetation Management
Plan
November 1999
I.
Discussion: HB
3079 allows that TPW may
develop (in collaboration
and coordination with
TNRCC, TDA) a statewide
vegetation management
plan.
The plan will:
- Establish standards specified in the legislation to address a broad range of issues associated with management of exotic vegetation occurring in public waters of the state
- Provide the means for local authorities to develop site specific plans to more directly meet local conditions while remaining compatible with the state plan
- Legislation further required that the statewide plan be adopted as a rule
Attachments - 2
1. Exhibit
A – HB
3079
2. Exhibit
B – Outline
of Statewide Plan
Commission
Agenda Item No. 5
Exhibit A
An Act
AN ACT
relating to the development and financing of a statewide aquatic
vegetation management plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 11, Parks and Wildlife Code, is amended
by adding Subchapter G to read as follows:
SUBCHAPTER G. AQUATIC VEGETATION MANAGEMENT
Sec. 11.081. DEFINITIONS. In this subchapter:
(1) "Governing entity" means the state agency or other
political subdivision with jurisdiction over a public body of
surface water.
(2) "Integrated pest management" means the coordinated
use of pest and environmental information and pest control methods
to prevent unacceptable levels of pest damage by the most
economical means and in a manner that will cause the least possible
hazard to persons, property, and the environment.
(3) "Local plan" means a local aquatic vegetation
management plan authorized by Section 11.083.
(4) "Public body of surface water" means any body of
surface water that is not used exclusively for an agricultural
purpose. The term does not include impounded water on private
property.
(5) "State plan" means the state aquatic vegetation
management plan authorized by Section 11.082 and developed and
implemented under this subchapter.
(6) "Water district" means a conservation and
reclamation district or an authority created under authority of
Section 52(b)(1) or (2), Article III, or Section 59, Article XVI,
Texas Constitution, that has jurisdiction over a public body of
surface water. The term does not include a navigation district or
a port authority.
Sec. 11.082. STATE AQUATIC VEGETATION MANAGEMENT PLAN. (a)
The department shall develop and by rule adopt a state aquatic
vegetation management plan following the generally accepted
principles of integrated pest management. The state plan shall
apply throughout the state unless a governmental entity has adopted
an approved local plan.
(b) The department shall develop the state plan in
coordination with the Texas Natural Resource Conservation
Commission, the Department of Agriculture, water districts and
other political subdivisions of the state with jurisdiction over
public bodies of surface water, and public drinking water
providers.
(c) The state plan must:
(1) establish minimum standards for a governing entity
that regulates a public body of surface water;
(2) require that any application of aquatic herbicide
complies with label rates approved by the United States
Environmental Protection Agency;
(3) ensure that any public drinking water provider
that has an intake within two river miles of a site at which an
application of aquatic herbicide is proposed to occur receives
notice of the proposed application not later than the 14th day
before the date the application is to occur;
(4) provide for the coordination, oversight, public
notification, and enforcement of all aquatic herbicide use to
protect state fish and wildlife resources and habitat and to
prevent unreasonable risk from the use of any aquatic herbicide;
and
(5) require that the written notice of a proposed
application of herbicide include information demonstrating that the
proposed application of herbicide under a plan will not result in
exceeding:
(A) the maximum contaminant level of the
herbicide in finished drinking water as set by the Texas Natural
Resource Conservation Commission and the United States
Environmental Protection Agency; or
(B) the maximum label rate, if the aquatic
herbicide does not have a maximum contaminant level established by
the Texas Natural Resource Conservation Commission and the United
States Environmental Protection Agency.
Sec. 11.083. LOCAL AQUATIC VEGETATION MANAGEMENT PLAN. (a)
A governing entity may develop and adopt a local aquatic vegetation
management plan. A local plan must be approved by the department,
the Texas Natural Resource Conservation Commission, and the
Department of Agriculture.
(b) A local plan may take into account the particular needs
and uses of the public bodies of surface water to which it will
apply, but the plan may not be approved unless the plan meets the
minimum standards set by the state plan. The local plan may allow
herbicide use if the person proposing to apply the herbicide
notifies the governing entity not later than the 14th day before
the proposed date of application.
Sec. 11.084. APPLICATION OF AQUATIC HERBICIDE IN PUBLIC BODY
OF SURFACE WATER. (a) No person may apply aquatic herbicide in a
public body of surface water unless the herbicide is applied in a
manner consistent with the plan adopted by the governing entity.
(b) State money may not be used to pay for treatment of a
public body of surface water with a chemical herbicide unless the
application of the herbicide is performed by an applicator licensed
for aquatic herbicide application by the Department of
Agriculture.
(c) An individual who does not hold an applicator's license
and who desires to apply an aquatic herbicide on a public body of
surface water shall give written notice not later than the 14th day
before the date the application of the aquatic herbicide is to
occur to the governing entity with jurisdiction over the body of
water on which the application of the herbicide is proposed. The
governing entity shall respond to the individual's application not
later than the day before the date the application of the aquatic
herbicide is to occur. The individual may not apply the aquatic
herbicide unless the governing entity finds that the application
will be consistent with the state or local plan adopted by the
entity.
(d) The state plan may provide for use of an aquatic
herbicide consistent with the plan if:
(1) the individual who desires to apply the aquatic
herbicide gives notice to the appropriate governing entity in the
same manner as provided by Subsection (c) for an unlicensed
applicator; and
(2) the governing entity does not disapprove the
application.
(e) After receiving notice of a proposed application of
aquatic herbicide, the governing entity shall:
(1) provide the individual proposing the application
with a copy of the state or local plan, as appropriate;
(2) notify the individual in writing that it is a
violation of state law to apply aquatic herbicides in that body of
water in a manner inconsistent with the plan; and
(3) determine whether the proposed application is
consistent with the plan.
(f) The governing entity shall:
(1) prohibit a proposed application of aquatic
herbicide if the governing entity finds that the proposed
application is inconsistent with the appropriate plan; or
(2) notify the individual proposing the application of
the herbicide that the proposed application is not inconsistent
with the appropriate plan if the governing entity finds that the
proposed application is not inconsistent with the plan.
Sec. 11.085. LIABILITY. (a) The liability under other law
of a governing entity that receives notice of a proposed
application of aquatic herbicide is not affected by the
requirements of this subchapter.
(b) Notice by a governing entity to an individual under
Section 11.084(f)(2) does not constitute authorization by that
entity for the application of the herbicide.
(c) This subchapter does not relieve an individual who
applies aquatic herbicide to a public body of surface water of the
obligation to comply with all applicable federal, state, or local
laws, rules, ordinances, or orders relating to the application of
the herbicide in the body of water.
Sec. 11.086. RECORDS. A governing entity shall maintain for
not less than five years all records relating to notifications
received under Section 11.084 and any other information relevant to
a particular individual request for shoreline treatment.
SECTION 2. Chapter 15, Water Code, is amended by adding
Subchapter N to read as follows:
SUBCHAPTER N. AQUATIC VEGETATION MANAGEMENT FUND
Sec. 15.851. DEFINITIONS. In this subchapter:
(1) "Approved local plan" means a local plan
authorized by Section 11.083, Parks and Wildlife Code, that has
been approved by the Parks and Wildlife Commission, the Texas
Natural Resource Conservation Commission, and the Department of
Agriculture as required by Section 11.083, Parks and Wildlife Code.
(2) Notwithstanding Section 15.001, "fund" means the
aquatic vegetation management fund established under this
subchapter.
(3) Notwithstanding Section 15.001, "political
subdivision" means a municipality, a county, a water district, or a
state agency.
(4) "Water district" means a conservation and
reclamation district or an authority created under authority of
Section 52(b)(1) or (2), Article III, or Section 59, Article XVI,
Texas Constitution, that has jurisdiction over a public body of
surface water. The term does not include a navigation district or
a port authority.
Sec. 15.852. CREATION OF FUND. (a) The aquatic vegetation
management fund is a special account in the water assistance fund.
(b) The fund consists of:
(1) money appropriated to the board for the program
established under this subchapter and Subchapter G, Chapter 11,
Parks and Wildlife Code;
(2) money transferred by the board from other accounts
in the water assistance fund under Section 15.011(b); and
(3) interest earned on the investment of money in the
fund.
Sec. 15.853. USE OF FUND. (a) Money in the fund may be
used only for the following purposes, in the following order of
priority:
(1) grants to the Parks and Wildlife Department:
(A) to develop a state aquatic vegetation
management plan in coordination with the Texas Natural Resource
Conservation Commission, the Department of Agriculture, water
districts and other political subdivisions with jurisdiction over
public bodies of surface water, and public drinking water
providers, as required by Section 11.082, Parks and Wildlife Code;
or
(B) for research, outreach, and educational
activities that relate to vegetation control;
(2) grants to political subdivisions to develop local
aquatic vegetation management plans that conform to the state
aquatic vegetation management plan, as authorized by Section
11.083, Parks and Wildlife Code; and
(3) grants to political subdivisions to manage aquatic
vegetation infestations under the state plan or the approved local
plan adopted by the political subdivision.
(b) The amount of funding for the purposes authorized by
Subsection (a) may not exceed amounts equal to the following
percentages of any biennial appropriation to the board for use
under this subchapter:
(1) 30 percent, for purposes authorized by Subsection
(a)(1); and
(2) 70 percent, for purposes authorized by Subsections
(a)(2) and (3), of which not more than 35 percent may be used for
purposes authorized by Subsection (a)(3) using chemical treatments.
Sec. 15.854. RULES. The board shall adopt rules necessary
to administer this subchapter, including rules establishing
procedures for application for and award of grants, distribution of
grants, and administration of grants and the grant program
established under this subchapter.
SECTION 3. Section 15.002(a), Water Code, is amended to read
as follows:
(a) The legislature finds that it is in the public interest
and to the benefit of the general public of the state to encourage
and to assist in the planning and construction of projects to
develop and conserve the storm water and floodwater as well as the
ordinary flows of the rivers and streams of the state, to maintain
and enhance the quality of the water of the state, to provide
protection to the state's citizens from the floodwater of the
rivers and streams of the state, to provide drainage, subsidence
control, public beach nourishment, recharge, chloride control, and
desalinization, to provide for the management of aquatic
vegetation, and other purposes as provided by law or board rule.
SECTION 4. Section 15.011(b), Water Code, is amended to read
as follows:
(b) After notice and hearing and subject to any limitations
established by the General Appropriations Act, the board may
transfer money from the fund to the loan fund created under
Subchapter C of this chapter, the storage acquisition fund created
under Subchapter E of this chapter, the research and planning fund
created under Subchapter
F of this chapter, [and]
the hydrographic
survey account created under Subchapter M of this chapter, provided
the hydrographic survey account transfer does not exceed $425,000,
and the aquatic vegetation management fund created under Subchapter
N of this chapter.
SECTION 5. Section 15.012(c), Water Code, is amended to read
as follows:
(c) Money appropriated to the fund by the legislature for a
specific purpose stated
in Subchapter C, E, F, [or]
M, or N of
this
chapter shall be placed in the appropriate fund created by that
subchapter.
SECTION 6. (a) Except as provided by Subsections (b) and
(c) of this section, this Act takes effect September 1, 1999.
(b) The Parks and Wildlife Commission is required to
implement this Act only if the legislature appropriates money
specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the commission
may, but is not required to, implement this Act.
(c) Sections 11.083, 11.084, 11.085, and 11.086, Parks and
Wildlife Code, as added by this Act, take effect on the date on
which the Texas Parks and Wildlife Commission publishes notice in
the Texas Register of the final adoption of a state aquatic
vegetation management plan under Section 11.082, Parks and Wildlife
Code, as added by this Act.
SECTION 7. The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3079 was passed by the House on May
7, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 3079 on May 26, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 3079 on May 29, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3079 was passed by the Senate, with
amendments, on May 24, 1999, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 3079 on May 30, 1999,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor
Commission
Agenda Item No. 5
Exhibit
B
Statewide Aquatic Vegetation Management Plan
Introduction
- The role of plants aquatic in ecosystems
- Role of TPWD and local/regional water management authorities in aquatic plant management
- The root causes of nuisance plant growth
- Human health and safety
- Protecting maintaining and enhancing fish and wildlife habitat
Statewide Management Plan
I. Prevention Strategies
A. Root causes
B. Monitoring and rapid
response
C. Research
D. Education
E. Law enforcement
II. Integrated Pest Management
A. Definition of Integrated
Pest Management (from legislation)
B. Biological Control
(pros and cons given for
each)
i. Triploid grass carp
ii. Hydrilla flies
iii. Alligatorweed fleabeetles
iv. Waterhyacinth weevils
v. Salvinia weevils
vi. Waterlettuce weevils
C. Physical Control (pros and cons given for each)
i. Traditional harvesters
ii. Vegetation shredders
iii. Drawdowns
iv. Booms and other barriers
v. Shading
vi. Removal by hand
D. Herbicides (pros and cons given for each)
i. 2,4-D
ii. Copper
iii. Diquat
iv. Endothall
v. Fluridone
vi. Glyphosate
III. Levels of Management Responses
A. Immediate Response -
Tier One
B. Watch Status - Tier Two
C. Maintenance - Tier Three
D. Special Concern - Tier
Four
IV. Species specific responses and management options – general guidance
A. Salvinia
B. Waterhyacinth
C. Hydrilla
D. Waterlettuce
E. Eurasian watermilfoil
F. Alligatorweed
G. Other exotic species
H. Native plant species
V. General Provisions (from bill for those not developing individual plan – notice, funding, chemical use, etc)
Individual Lake Management Plans
A. Consistency with State
Plan
B. Standards for governing
entities preparing local
plan
C. Format for local plans
D. Compliance with state
and federal labeling
E. Notification
F. Certified applicator
requirements
G. Coordination
H. Enforcement responsibilities
I. Record keeping
J. Application of Aquatic
Herbicides in Public Waters
i. Consistency with state
and local plans by applicators
ii. Use of state funds
K. Plan approval process
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