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:

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

    1. The role of plants aquatic in ecosystems
    2. Role of TPWD and local/regional water management authorities in aquatic plant management
    3. The root causes of nuisance plant growth
    4. Human health and safety
    5. 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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