Part 16.
COASTAL COORDINATION COUNCIL
Chapter 501.
COASTAL MANAGEMENT PROGRAM
The Coastal Coordination Council (Council) proposes amendments to
31 TAC, Part 16, Chapter 501, relating to Coastal Management Program, §501.3,
relating to Definitions and Abbreviations; §501.10, relating to Compliance
with Goals and Policies; §501.13, relating to Administrative Policies; §501.16,
relating to Policies for Construction of Electric Generating and Transmission
Facilities; §501.21, relating to Policies for Discharge of Municipal
and Industrial Wastewater to Coastal Waters; §501.23, relating to Policies
for Development in Critical Areas; §501.25, relating to Policies for
Dredging and Dredged Material Disposal and Placement; §501.28, relating
to Policies for Development Within Coastal Barrier Resource System Units and
Otherwise Protected Areas on Coastal Barriers; §501.31, relating to Policies
for Transportation Projects; and §501.33, relating to Policies for Appropriations
of Water. The proposed amendments update citations and make minor editorial
corrections. These rule amendments have been undertaken as a result of the
comprehensive review of the Council's rules mandated by Texas Government Code §2001.039,
and will ensure that the rules are clear, necessary, and updated.
The proposed amendment to §501.3(b)(2)(A) corrects the citation to
36 Code of Federal Regulations, Part 63, Chapter 1, which should read: 36
Code of Federal Regulations, Chapter I, Part 63.
The proposed amendment to §501.3(b)(5) corrects the citation to the
definition of "Wetlands," which is incorrectly cited as Texas Water Code §11.052.
The definition is found in Texas Water Code §11.502.
The proposed amendment to §501.3(b)(7) updates the definition of "Critical
erosion area" to make it consistent with the definition in Texas Natural Resources
Code §33.203, which was amended by the 76th Texas Legislature, Senate
Bill 1690, effective September 1, 1999.
The proposed amendment to §501.3(b)(16) updates the name of the Texas
Natural Resource Conservation Commission to the Texas Commission on Environmental
Quality.
The proposed amendment to §501.10(a) corrects the reference to the
"goals and policies in §§501.12 - 501.15 of this title (relating
to Goals, Administrative Policies, and Policies for Specific Activities and
Coastal Natural Resource Areas)." Section 501.14, relating to Policies for
Specific Activities and Coastal Natural Resource Areas, was repealed and readopted
as §§501.16 - 501.34, effective October 6, 2004 (29 TexReg 9408,
October 1, 2004). Section 501.10(a), as amended, will reference "the goals
and policies in this subchapter."
The proposed amendment to §501.13(a)(4) updates the reference to the
"Texas CMP Document, Chapter XX." When §501.13(a)(4) was adopted in 1995,
the "CMP Document" had not yet been finalized, so this reference was written
into §501.13(a)(4) as a placeholder. The correct name and chapter number
of the "CMP Document" is the "Texas Coastal Management Program Final Environmental
Impact Statement, August 1996, Part II, Chapter 7."
The proposed amendment to §501.16(a)(4) inserts the phrase "as those
maps may be modified, revised, or corrected" to conform with the language
of the Coastal Barrier Resources Act, 16 USC §3503(a). Although 16 USC §3503(a)
allowed for the revision of the Coastal Barrier Resources System maps by the
Secretary of the Interior, similar language was not included in §501.16(a)(4)
when the policies in §501.16 were first adopted. The Coastal Barrier
Resources Act, 16 USC §3503(a), was amended in 2000 to clarify the authority
under which those maps may be modified, revised, or corrected (Pub. L. 106-514,
Sec. 3(d), Nov. 13, 2000, 114 Stat. 2394, 2395). The proposed amendment will
make §501.16(a)(4) consistent with 16 USC §3503(a), as amended.
The proposed amendment to §501.16(b) updates the citation to Texas
Civil Statutes, Article 1446c, the Public Utility Regulatory Act, which was
codified in Texas Utilities Code §11.001, et seq., in 1997 (Acts 1997,
75th Legislature, Chapter 166, §1, effective September 1, 1997).
The proposed amendment to §501.21(a)(2) updates this rule to conform
with Texas Water Code §26.0135, regarding the requirement that Texas
Commission on Environmental Quality (TCEQ) rules provide for the assessment
of water quality on a coastal watershed basis once every two years. The proposed
amendment removes the words "once every two years" to reflect a statutory
change to Texas Water Code §26.0135(d). When the policies in §501.21(a)(2)
were first adopted, Texas Water Code §26.0135(d) required each river
authority to report on water quality assessments on or before October 1 of
each even-numbered year. However, §26.0135(d) was amended in 1997 to
require river authorities to submit a water quality report in the appropriate
year of the cycle provided by TCEQ rules (Acts 1997, 75th Legislature, Chapter
101, §1, effective September 1, 1997). The proposed amendment to §501.21(a)(2)
will make the rule consistent with the statutory change to Texas Water Code §26.0135(d).
The proposed amendment to §501.23(b), updates the citation to "Texas
Civil Statutes, Article 5421u," which was codified in Chapter 221 of the Texas
Natural Resources Code in 1997 (Acts 1997, 75th Legislature, Chapter 165, §24.01(a),
effective September 1, 1997).
The proposed amendment to §501.25(i) updates the citation to "Texas
Civil Statutes, Article 5415e-2," which was codified in Chapter 51 of the
Texas Transportation Code in 1995 (Acts 1995, 74th Legislature, Chapter 165, §1,
effective September 1, 1995).
The proposed amendment to §501.28(a) inserts the phrase "as those
maps may be modified, revised, or corrected" to conform with the language
of 16 USC §3503(a) (the Coastal Barrier Resources Act). Although 16 USC §3503(a)
allowed for the revision of the Coastal Barrier Resources System maps by the
Secretary of the Interior, similar language was not included in §501.28(a)
when the policies in §501.28(a) were first adopted. The Coastal Barrier
Resources Act was amended in 2000 to clarify the authority under which those
maps may be modified, revised, or corrected (Pub. L. 106-514, §3(d),
November 13, 2000, 114 Stat. 2394, 2395). The proposed amendment will make §501.28(a)
consistent with 16 USC §3503(a), as amended.
The proposed amendment to §501.28(b) updates the statutory references
applicable to the TCEQ's issuance of rules regarding the creation of special
districts and for infrastructure projects funded by issuance of bonds by water,
sanitary sewer, and wastewater drainage districts. Section 501.28(b) currently
references Texas Water Code, Chapter 50, which was largely repealed in 1995
and replaced by Sections in Chapters 49 and 59 of the Texas Water Code, which
contain statutes that authorize the TCEQ to approve the creation of special
utility districts and the issuance of bonds (Acts 1995, 74th Legislature,
Chapter 715, §2, effective September 1, 1995; Acts 1995, 74th Legislature,
Chapter 715, §3, effective September 1, 1995). However, Chapter 50 still
contains §50.107, which provides the TCEQ authority over the issuance
of bonds. Accordingly, the proposed amendment adds references to Chapters
49 and 59, but does not delete the reference to Chapter 50. The proposed amendment
to §501.28(b) also updates the reference to Texas Civil Statutes, Article
6663 et seq, to indicate that Article 6663, et seq. was repealed and codified
in multiple Chapters in the Transportation Code, starting with Title 6, Chapter
201 (Acts 1995, 74th Legislature, Chapter 165, §1, effective September
1, 1995). Accordingly, the citation to Texas Civil Statutes, Article 6663
et seq is replaced with a citation to Transportation Code Chapter 201, et
seq.
The proposed amendment to §501.31(b) updates the citations to Texas
Civil Statutes, Article 6663b and 6663c, and Article 6674a et seq, governing
transportation projects within the coastal zone. Texas Civil Statutes, Articles
6663b and 6663c were repealed in 1995 and codified in Texas Transportation
Code §§455.001 - 455.004; 456.001 - 456.008; 456.021 - 456.026;
and 456.042, while Texas Civil Statutes, Articles 6674a et seq. were repealed
in 1995 and codified in Texas Transportation Code §221.001, et seq. (Acts
1995, 74th Legislature, Chapter 165, §1, effective September 1, 1995).
The proposed amendment to §501.33(a)(8) clarifies the reference to
the "commission" by changing it to "TCEQ," which is defined as the Texas Commission
on Environmental Quality in §501.3(c)(7).
The proposed amendment to §501.33(a)(12) updates the title of 30 TAC §295.9,
as referenced in §501.33(a)(12). The TCEQ amended 30 TAC §295.9
effective February 21, 1999, changing the title of the rule to "Water Conservation
and Drought Contingency Plans" and changing the term "conservation plans"
to "water conservation plans" within the rule (24 TexReg 969, February 12,
1999).
Pursuant to Texas Government Code §2001.0225, a regulatory analysis
is not required for the proposed rulemaking as a "major environmental rule."
The proposed rulemaking will not adversely affect, in a material way, the
economy, a sector of the economy, productivity, competition, jobs, the environment,
or the public health and safety of the state or a sector of the state. The
proposed rulemaking does not exceed a standard set by federal law, does not
exceed an express requirement of state law, does not exceed a requirement
of a delegation agreement or contract between the state and an agency or representative
of the federal government to implement a state or federal program, and is
not adopted solely under the general powers of the Council.
The Council has evaluated the proposed rulemaking in accordance with Texas
Government Code, §2007.043(b), and §2.18 of the Attorney General's
Private Real Property Rights Preservation Act Guidelines and determined that
a detailed takings impact assessment is not required. The proposed rulemaking
does not affect private real property in a manner that requires real property
owners to be compensated as provided by the Fifth and Fourteenth Amendments
to the United States Constitution or Article I, Sections 17 and 19, of the
Texas Constitution. Furthermore, the proposed rulemaking would not affect
any private real property in a manner that restricts or limits the owner's
right to the property that would otherwise exist in the absence of the rule
amendments. The proposed rulemaking will not result in a taking of private
property and there are no adverse impacts on private real property interests.
Larry Laine, Chief Clerk of the General Land Office, has determined that
for each year of the first five years the amended sections as proposed are
in effect there will be no fiscal implications for the state or units of local
government as a result of enforcing or administering the amended sections
as the amendments constitute minor clarifications and updates to the rules.
Mr. Laine, has also determined that there will be no economic cost to persons
required to comply with these regulations, as these amendments add no additional
restrictions or requirements that did not already exist. The public will benefit
from the proposed rule amendments because the amended rules will provide more
clarity. There will be no effect on small businesses, and a local employment
impact statement on these proposed regulations is not required, because the
proposed regulations will not adversely affect any local economy in a material
manner for the first five years they will be in effect.
To comment on the proposed rulemaking, please send a written comment to
Walter Talley, Texas Register Liaison, Texas General Land Office, P.O. Box
12873, Austin, Texas 78711-2873, facsimile number (512) 463-6311 or e-mail
to walter.talley@glo.state.tx.us. Comments must be received no later than
30 days from the date of publication of this proposal.
Subchapter A. GENERAL PROVISIONS
31 TAC §501.3
The amendments are proposed under Texas Natural Resources
Code, Chapter 33, including §33.051, which authorizes the Council and
the Texas General Land Office to perform the duties provided in Chapter 33,
Subchapter C; §33.052, which authorizes the commissioner to develop a
continuing comprehensive CMP; §33.053, which sets out the elements of
the CMP, including a description of the organizational structure for implementing
and administering the CMP; §33.054, which allows the commissioner to
review and amend the CMP as new information or changed conditions may warrant;
and §33.204, which authorizes the Council to adopt goals and policies
of the CMP by rule.
The proposed amendments are necessary to implement Texas Natural Resources
Code, Chapter 33, Subchapters C and F.
§501.3.Definitions and Abbreviations.
(a)
(No change.)
(b)
The following words, terms, and phrases, when used in this
chapter shall have the following meanings, with respect to CNRAs.
(1)
(No change.)
(2)
Coastal historic area--A site that is specially identified
in rules adopted by the Texas Historical Commission as being coastal in character
and that is:
(A)
a site on the National Register of Historic Places, designated
under 16 United States Code, §470a and 36 Code of Federal Regulations,
Chapter I,
Part 63[
(B)
(No change.)
(3) - (4)
(No change.)
(5)
Coastal wetlands--Wetlands, as the term is defined by Texas
Water Code,
§11.502
[
(A) - (C)
(No change.)
(6)
(No change.)
(7)
Critical erosion area--
Has the meaning assigned to
the term "critical coastal erosion area" by Texas Natural Resources Code, §33.601(4).
[
(8) - (15)
(No change.)
(16)
Water under tidal influence--Water in this state, as defined
by Texas Water Code, §26.001(5), that is subject to tidal influence according
to the Texas
Commission on Environmental Quality
[
(c) - (d)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 28, 2006.
TRD-200601854
Larry L. Laine
Chief Clerk, General Land Office
Coastal Coordination Council
Earliest possible date of adoption: May 7, 2006
For further information, please call: (512) 305-8598
31 TAC §§501.10, 501.13, 501.16, 501.21, 501.23, 501.25, 501.28, 501.31, 501.33
The amendments are proposed under Texas Natural Resources
Code, Chapter 33, including §33.051, which authorizes the Council and
the Texas General Land Office to perform the duties provided in Chapter 33,
Subchapter C; §33.052, which authorizes the commissioner to develop a
continuing comprehensive CMP; §33.053, which sets out the elements of
the CMP, including a description of the organizational structure for implementing
and administering the CMP; §33.054, which allows the commissioner to
review and amend the CMP as new information or changed conditions may warrant;
and §33.204, which authorizes the Council to adopt goals and policies
of the CMP by rule.
The proposed amendments are necessary to implement Texas Natural Resources
Code, Chapter 33, Subchapters C and F.
§501.10.Compliance with Goals and Policies.
(a)
State agencies, municipalities, and counties identified
in this subchapter shall comply with the goals and policies in
this subchapter
[
(b) - (c)
(No change.)
§501.13.Administrative Policies.
(a)
Agency and subdivision rules and ordinances subject to §501.10
of this title (relating to Compliance with Goals and Policies) shall:
(1) - (3)
(No change.)
(4)
take into account the national interest as defined in the
Texas
Coastal Management Program Final Environmental Impact Statement,
August 1996, Part II, Chapter 7.
[
(b)
(No change.)
§501.16.Policies for Construction of Electric Generating and Transmission Facilities.
(a)
Construction of electric generating facilities and electric
transmission lines in the coastal zone shall comply with the policies in this
section.
(1) - (3)
(No change.)
(4)
Electric transmission lines to or on Coastal Barrier Resource
System Units and Otherwise Protected Areas designated on maps dated October
24, 1990,
as those maps may be modified, revised, or corrected,
under
the Coastal Barrier Resources Act, 16 United States Code Annotated, §3503,
on coastal barriers shall:
(A) - (B)
(No change.)
(b)
The PUC shall comply with the policies in this section
when issuing certificates of convenience and necessity and adopting rules
under
the
[
§501.21.Policies for Discharge of Municipal and Industrial Wastewater to Coastal Waters.
(a)
TCEQ rules shall:
(1)
(No change.)
(2)
provide for the assessment of water quality on a coastal
watershed basis [
(3) - (5)
(No change.)
(b) - (d)
(No change.)
§501.23.Policies for Development in Critical Areas.
(a)
(No change.)
(b)
The TCEQ and the RRC shall comply with the policies in
this section when issuing certifications and adopting rules under Texas Water
Code, Chapter 26, and the Texas Natural Resources Code, Chapter 91, governing
certification of compliance with surface water quality standards for federal
actions and permits authorizing development affecting critical areas; provided
that activities exempted from the requirement for a permit for the discharge
of dredged or fill material, described in Code of Federal Regulations, Title
33, §323.4 and/or Code of Federal Regulations, Title 40, §232.3,
including but not limited to normal farming, silviculture, and ranching activities,
such as plowing, seeding, cultivating, minor drainage, and harvesting for
the production of food, fiber, and forest products, or upland soil and water
conservation practices, shall not be considered activities for which a certification
is required. The GLO and the SLB shall comply with the policies in this section
when approving oil, gas, or other mineral lease plans of operation or granting
surface leases, easements, and permits and adopting rules under the Texas
Natural Resources Code, Chapters 32, 33 and 51 - 53, and Texas Water Code,
Chapter 61, governing development affecting critical areas on state submerged
lands and private submerged lands, and when issuing approvals and adopting
rules under Texas
Natural Resources Code, Chapter 221,
[
(c) - (d)
(No change.)
§501.25.Policies for Dredging and Dredged Material Disposal and Placement.
(a) - (h)
(No change.)
(i)
The GLO and the SLB shall comply with the policies in this
section when approving oil, gas, and other mineral lease plans of operation
and granting surface leases, easements, and permits and adopting rules under
the Texas Natural Resources Code, Chapters 32, 33, and 51 - 53, and Texas
Water Code, Chapter 61, for dredging and dredged material disposal and placement.
TxDOT shall comply with the policies in this subchapter when adopting rules
and taking actions as local sponsor of the Gulf Intracoastal Waterway under
Texas
Transportation Code, Chapter 51.
[
§501.28.Policies for Development Within Coastal Barrier Resource System Units and Otherwise Protected Areas on Coastal Barriers.
(a)
Development of new infrastructure or major repair of existing
infrastructure within or supporting development within Coastal Barrier Resource
System Units and Otherwise Protected Areas designated on maps dated October
24, 1990,
as those maps may be modified, revised, or corrected,
under
the Coastal Barrier Resources Act, 16 United States Code Annotated, §3503(a),
shall comply with the policies in this section.
(1) - (5)
(No change.)
(b)
TCEQ rules and approvals for the creation of special districts
and for infrastructure projects funded by issuance of bonds by water, sanitary
sewer, and wastewater drainage districts under Texas Water Code,
Chapters
49, 50, and 59
[
§501.31.Policies for Transportation Projects.
(a)
(No change.)
(b)
TxDOT rules and project approvals under Texas
Transportation
Code §§455.001-455.004; 456.001-456.008; 456.021-456.026; and 456.042
and Texas Transportation Code §221.001, et seq.
[
§501.33.Policies for Appropriations of Water.
(a)
Impoundments and diversion of state water within 200 stream
miles of the coast, to commence from the mouth of the river thence inland,
shall comply with the policies in this section.
(1) - (7)
(No change.)
(8)
In its consideration of an application for a permit under
this section, the TCEQ shall assess the effects, if any, of the issuance of
the permit on water quality in coastal waters. In its consideration of an
application for a permit to store, take, or divert water in excess of 5,000
acre feet per year, the
TCEQ
[
(9) - (11)
(No change.)
(12)
An applicant for a new or amended water right permit shall
submit a water conservation plan in accordance with 30 TAC §295.9 (relating
to
Water
Conservation
and Drought Contingency Plans
[
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 28, 2006.
TRD-200601849
Larry L. Laine
Chief Clerk, General Land Office
Coastal Coordination Council
Earliest possible date of adoption: May 7, 2006
For further information, please call: (512) 305-8598
The Coastal Coordination Council (Council) proposes amendments to
31 TAC, Part 16, Chapter 505, relating to Council Procedures for State Consistency
With Coastal Management Program Goals and Policies, §505.11, relating
to Actions and Rules Subject to the Coastal Management Program; §505.21,
relating to Effect of Council Certification of Agency Rules and Rule Amendments; §505.22,
relating to Consistency Required for New Rules and Rule Amendments Subject
to the Coastal Management Program; §505.23, relating to Council Certification
of Rules and Rule Amendments; §505.24, relating to Pre-Certification
Review of Draft Rules or Draft Rule Amendments; §505.32, relating to
Requirements for Referral of a Proposed Agency Action; §505.36, relating
to Standard of Council Review of a Proposed Agency Action; §505.37, relating
to Activities Pending Council Review of a Proposed Agency Action; and §505.50,
relating to General Plans. The proposed amendments update citations and make
minor editorial corrections. These rule amendments have been undertaken as
a result of the comprehensive review of the Council's rules mandated by Texas
Government Code §2001.039, and will ensure that the rules are clear,
necessary, and updated.
The proposed amendment to §505.11(c), (d), (e)(4) and (5) corrects
the titles of Subchapters B and C, and corrects the reference to the location
of Subchapters B and C, which should be referenced as residing in the "chapter"
rather than the "title."
The proposed amendment to §505.21 corrects the titles of §505.23
and §505.26, as referenced in §505.21.
The proposed amendment to §505.22(d) corrects the title of §505.24,
as referenced in §505.22(d).
The proposed amendment to §505.23(a) corrects the title of §505.11,
as referenced in §505.23(a).
The proposed amendment to §505.23(e) corrects the reference to Section
"505.11" by adding a section symbol (§).
The proposed amendment to §505.24(a) corrects the title of §505.11,
as referenced in §505.24(a).
The proposed amendment to §505.32(b) corrects the title of §505.26,
as referenced in §505.32(b).
The proposed amendment to §505.36(b)(3) corrects the title of §505.26,
as referenced in §505.36(b)(3).
The proposed amendment to §505.37 clarifies that the reference to §2001.054
of the Texas Administrative Procedure Act is in the Government Code.
The proposed amendment to §505.50(2) deletes the reference to the
State Coastal Discharge Contingency Plan (Plan) because the General Land Office
no longer has statutory authority to develop the Plan. The 78th Texas Legislature,
Regular Session 2003, amended Texas Natural Resources Code §40.053 to
delete all references to the Plan because the Legislature determined that
it is not necessary to develop the Plan. Instead, as noted in the House Committee
Report for Senate Bill 619, the General Land Office has participated with
the U.S. Coast Guard in the development of Area Contingency Plans, which cover
the entire Texas coast and serve the same purpose. The remaining paragraphs
in §505.50 are renumbered accordingly.
The proposed amendment to §505.50(3) adds a reference to Subchapter
G in Chapter 26 of the Texas Water Code, to more specifically identify the
statutory authority for the State Oil and Hazardous Substance Spill Contingency
Plan.
Pursuant to Texas Government Code §2001.0225, a regulatory analysis
is not required for the proposed rulemaking as a "major environmental rule."
The proposed rulemaking will not adversely affect, in a material way, the
economy, a sector of the economy, productivity, competition, jobs, the environment,
or the public health and safety of the state or a sector of the state. The
proposed rulemaking does not exceed a standard set by federal law, does not
exceed an express requirement of state law, does not exceed a requirement
of a delegation agreement or contract between the state and an agency or representative
of the federal government to implement a state or federal program, and is
not adopted solely under the general powers of the Council.
The Council has evaluated the proposed rulemaking in accordance with Texas
Government Code, §2007.043(b), and §2.18 of the Attorney General's
Private Real Property Rights Preservation Act Guidelines and determined that
a detailed takings impact assessment is not required. The proposed rulemaking
does not affect private real property in a manner that requires real property
owners to be compensated as provided by the Fifth and Fourteenth Amendments
to the United States Constitution or Article I, Sections 17 and 19, of the
Texas Constitution. Furthermore, the proposed rulemaking would not affect
any private real property in a manner that restricts or limits the owner's
right to the property that would otherwise exist in the absence of the rule
amendments. The proposed rulemaking will not result in a taking of private
property and there are no adverse impacts on private real property interests.
Larry Laine, Chief Clerk of the General Land Office, has determined that
for each year of the first five years the amended sections as proposed are
in effect there will be no fiscal implications for the state or units of local
government as a result of enforcing or administering the amended sections
as the amendments constitute minor clarifications and updates to the rules.
Mr. Laine, has also determined that there will be no economic cost to persons
required to comply with these regulations, as these amendments add no additional
restrictions or requirements that did not already exist. The public will benefit
from the proposed rule amendments because the amended rules will provide more
clarity. There will be no effect on small businesses, and a local employment
impact statement on these proposed regulations is not required, because the
proposed regulations will not adversely affect any local economy in a material
manner for the first five years they will be in effect.
To comment on the proposed rulemaking, please send a written comment to
Walter Talley, Texas Register Liaison, Texas General Land Office, P.O. Box
12873, Austin, Texas 78711-2873, facsimile number (512) 463-6311 or e-mail
to walter.talley@glo.state.tx.us. Comments must be received no later than
30 days from the date of publication of this proposal.
Subchapter A. PURPOSE AND POLICY AND STATE AGENCY ACTIONS SUBJECT TO THE COASTAL MANAGEMENT PROGRAM
31 TAC §505.11
The amendments are proposed under Texas Natural Resources
Code, Chapter 33, including §33.051, which authorizes the Council and
the Texas General Land Office to perform the duties provided in Chapter 33,
Subchapter C; §33.052, which authorizes the commissioner to develop a
continuing comprehensive CMP; §33.053, which sets out the elements of
the CMP, including a description of the organizational structure for implementing
and administering the CMP; §33.054, which allows the commissioner to
review and amend the CMP as new information or changed conditions may warrant; §33.204,
which authorizes the Council to adopt goals and policies of the CMP by rule;
and §33.2052, which authorizes the Council, by rule, to establish a process
by which an agency may submit rules and rule amendments to the Council for
review and certification for consistency with the goals and policies of the
CMP.
The proposed amendments are necessary to implement Texas Natural Resources
Code, Chapter 33, Subchapters C and F.
§505.11.Actions and Rules Subject to the Coastal Management Program.
(a) - (b)
(No change.)
(c)
An agency's promulgation of rules governing or authorizing
actions listed in subsection (a) or (b) of this section constitutes an action
subject to the CMP as provided in Subchapter B of this chapter (relating to
Council
Review and
Certification of [
(d)
An action to renew, amend, or modify an existing permit,
certificate, lease, easement, approval or other action is not an action under
this section if the action is taken pursuant to rules that the council has
certified as consistent under Subchapter B of this
chapter
[
(1) - (3)
(No change.)
(e)
Whenever more than one state agency is involved in issuing
a consistency determination for a single project, consideration should be
given to the preparation of one consistency determination for all state agencies
involved.
(1) - (3)
(No change.)
(4)
The council may not protest a proposed action by an agency
or subdivision pertaining to an application filed with that agency or subdivision
prior to the effective date of Subchapter C of this
chapter
[
(5)
The council shall not review actions listed in this subsection
if such actions are taken pursuant to an enforcement order issued prior to
the effective date of Subchapter C of this
chapter
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 28, 2006.
TRD-200601855
Larry L. Laine
Chief Clerk, General Land Office
Coastal Coordination Council
Earliest possible date of adoption: May 7, 2006
For further information, please call: (512) 305-8598
31 TAC §§505.21 - 505.24
The amendments are proposed under Texas Natural Resources
Code, Chapter 33, including §33.051, which authorizes the Council and
the Texas General Land Office to perform the duties provided in Chapter 33,
Subchapter C; §33.052, which authorizes the commissioner to develop a
continuing comprehensive CMP; §33.053, which sets out the elements of
the CMP, including a description of the organizational structure for implementing
and administering the CMP; §33.054, which allows the commissioner to
review and amend the CMP as new information or changed conditions may warrant; §33.204,
which authorizes the Council to adopt goals and policies of the CMP by rule;
and §33.2052, which authorizes the Council, by rule, to establish a process
by which an agency may submit rules and rule amendments to the Council for
review and certification for consistency with the goals and policies of the
CMP.
The proposed amendments are necessary to implement Texas Natural Resources
Code, Chapter 33, Subchapters C and F.
§505.21.Effect of Council Certification of Agency Rules and Rule Amendments.
Upon the council's certification of an agency's rules pursuant to §505.20
of this title (relating to Council Review and Certification of Existing Agency
Rules) or §505.23 of this title (relating to Certification of [
§505.22.Consistency Required for New Rules and Rule Amendments Subject to the Coastal Management Program.
(a) - (c)
(No change.)
(d)
In addition to pre-certification review pursuant to §505.24
of this title (relating to Pre-Certification Review of Draft
Rules
[
(e)
(No change.)
§505.23.Council Certification of Rules and Rule Amendments.
(a)
Upon adoption of a rule or rule amendment listed in §505.11(b)
of this title (relating to Actions and Rules
Subject to the Coastal Management
Program
), the agency may seek certification from the council that the
rule or rule amendment is consistent with the CMP goals and policies by filing
a written Request for Certification with the council secretary. Along with
the request, the agency shall provide a copy of the rule or rule amendment
as adopted, copies of all public comments relating to consistency of the proposed
rule or rule amendment, and any other information the agency wishes to provide.
The council secretary shall distribute copies of the Request for Certification,
including all supporting materials, to all council members.
(b) - (d)
(No change.)
(e)
Where council certification of a rule or rule amendment
takes place after the effective date of a rule or rule amendment, the provisions
of §505.32 of this title (relating to Requirements for Referral of a
Proposed Agency Action) will be considered to be in effect to limit council
review of an agency action listed in
§
505.11(a) of this title
provided:
(1) - (3)
(No change.)
§505.24.Pre-Certification Review of Draft Rules or Draft Rule Amendments.
(a)
Prior to the publication in the
Texas Register
of a proposed rule or rule amendment listed in §505.11(b)
of this title (relating to Actions and Rules
Subject to the Coastal Management
Program
), an agency may seek pre-certification review by filing a Request
for Pre-certification Review with the council secretary and attaching a copy
of the draft rule or draft rule amendment and any information the agency wishes
the council to consider. This request shall allow council members a minimum
of 30 days to review and comment on the draft rule or rule amendment.
(b) - (d)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 28, 2006.
TRD-200601850
Larry L. Laine
Chief Clerk, General Land Office
Coastal Coordination Council
Earliest possible date of adoption: May 7, 2006
For further information, please call: (512) 305-8598
, Chapter 1
]; or
§11.052
], located:
An area designated by the land commissioner under Texas Natural
Resources Code, §33.601(b).
]
Natural
Resource Conservation Commission's
] stream segment map. The term includes
coastal wetlands.
Subchapter B. GOALS AND POLICIES
§§501.12-501.15 of this title (relating to Goals, Administrative
Policies, and Policies for Specific Activities and Coastal Natural Resource
Areas)
] when taking an action listed in §505.11 of this title (relating
to Actions and Rules Subject to the Coastal Management Program) or §505.60
of this title (relating to Local Government Actions Subject to the Coastal
Management Program).
CMP Document, Chapter XX.
]
Texas Civil Statutes,
] Public Utility Regulatory
Act,
Texas Utilities Code §11.001, et seq.,
[
Article
1446c,
] governing construction of electric generating facilities, electric
transmission lines, and associated facilities in the coastal zone.
once every two years,
] as required by the Texas
Water Code, §26.0135(d);
Civil
Statutes, Article 5421u,
] for mitigation banks operated by subdivisions
of the state.
Civil Statutes, Article
5415e-2.
] The TCEQ and the RRC shall comply with the policies in this
section when issuing certifications and adopting rules under Texas Water Code,
Chapter 26, and the Texas Natural Resources Code, Chapter 91, governing certification
of compliance with surface water quality standards for federal actions and
permits authorizing dredging or the discharge or placement of dredged material.
The TPWD shall comply with the policies in this section when adopting rules
at Chapter 57 of this title (relating to Fisheries) governing dredging and
dredged material disposal and placement. The TPWD shall comply with the policies
in subsection (h) of this section when adopting rules and issuing permits
under Texas Parks and Wildlife Code, Chapter 86, governing the mining of sand,
shell, marl, gravel, and mudshell.
Chapter 50
]; water control and improvement
districts under Texas Water Code, Chapter 50; municipal utility districts
under Texas Water Code, Chapter 54; regional plan implementation agencies
under Texas Water Code, Chapter 54; special utility districts under Texas
Water Code, Chapter 65; stormwater control districts under Texas Water Code,
Chapter 66; and all other general and special law districts subject to and
within the jurisdiction of the TCEQ, shall comply with the policies in this
section. TxDOT rules and approvals under
Texas Transportation Code Chapter
201, et seq.,
[
Texas Civil Statutes, Article 6663 et seq,
]
governing planning, design, construction, and maintenance of transportation
projects, shall comply with the policies in this section.
Civil Statutes,
Article 6663b and 6663c, and Texas Civil Statutes, Article 6674a et seq,
]
governing transportation projects within the coastal zone, shall comply with
the policies in this section.
commission
] shall assess
the effects, if any, on the issuance of the permit on fish and wildlife habitats
and may require the applicant to take reasonable actions to mitigate adverse
effects on such habitat. In determining whether to require an applicant to
mitigate adverse effects on a habitat, the TCEQ may consider any net benefit
to habitat produced by the project. The TCEQ shall offset against any mitigation
required by the United States Fish and Wildlife Service pursuant to Code of
Federal Regulations, Title 33, §§320 - 330, any mitigation authorized
by this subchapter.
Plan
]). The TCEQ shall consider the information contained in the
water
conservation plan in determining whether any feasible alternative
to the proposed appropriation exists, whether the proposed amount to be appropriated
as measured at the point of diversion is reasonable and necessary for the
proposed use, the term and other conditions of the water right and to ensure
that reasonable diligence will be used to avoid waste and achieve water conservation.
Based upon its review, the TCEQ may deny or grant, in whole or in part, the
requested appropriation.
Chapter 505.
COUNCIL PROCEDURES FOR STATE CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND POLICIES
State
] Agency Rules
[
and Approval of Thresholds for Referral
]).
title
] (relating to Council
Review and
Certification of [
State
] Agency Rules [
and Approval of Thresholds for Referral
])
and:
title
] (relating to Consistency and Council Review of Proposed State
Agency Actions).
title
] (relating to Consistency and Council Review of Proposed State Agency
Actions).
Subchapter B. COUNCIL REVIEW AND CERTIFICATION OF AGENCY RULES
Proposed New
] Rules and Rule Amendments), the agency's rules are incorporated
into the CMP goals and policies, and any threshold for referral approved pursuant
to §505.26 of this title (relating to [
Council Review and
]
Approval of Thresholds for Referral) relating to actions under those rules
shall become operative and limit the council's authority to review individual
actions of the agency, as provided in §505.32 of this title (relating
to Requirements for Referral of a Proposed Agency Action). After an agency's
rules are certified and an agency's thresholds are approved, the agency's
consistency determination for an action is final and is not subject to referral
and review, except as provided by §505.32 of this title (relating to
Requirements for Referral of a Proposed Agency Action).
Rule
] or
Draft
Rule Amendments), an agency may seek clarification
or resolution of consistency issues regarding the proposed rule or rule amendment
by placing the matter on the agenda of the council or executive committee.
Subchapter C. CONSISTENCY AND COUNCIL REVIEW OF PROPOSED STATE AGENCY ACTIONS