31 TAC §15.41, §15.42
The Texas General Land Office (Land Office) adopts amendments
to 31 TAC Part 1, Chapter 15, relating to Coastal Area Planning, §15.41,
relating to Evaluation Process for Coastal Erosion Studies and Projects and §15.42,
relating to Funding Projects From the Coastal Erosion Response Account. The
amendments are adopted without changes to the proposed text as published in
the December 30, 2005, issue of the
Texas Register
(30 TexReg 8823) and the text will not be republished.
The amendments are adopted pursuant to the Coastal Erosion Planning and
Response Act (CEPRA), Texas Natural Resources Code, Chapter 33, Subchapter
H, §§33.601 - 33.612. The CEPRA requires the Land Office to implement
a program of coastal erosion avoidance, remediation, and planning. Senate
Bill 517, 79th Legislature, Regular Session amended §33.603, Texas Natural
Resources Code, by amending subsections (b) and (d) and adding subsection
(g), to authorize the use of CEPRA funds for projects including hard structures
such as: (1) construction or retrofitting of dams, jetties, groins, and other
impoundment structures, provided that the structures include sediment bypass
systems; (2) the use of hard or soft structures for the purpose of avoiding,
slowing, or remedying erosion on bay shorelines; (3) structural shoreline
protection projects utilizing innovative technologies designed or engineered
to minimize beach scour; and (4) one or more erosion response demonstration
projects if the state's portion does not exceed one-tenth of the total appropriated
to the Land Office for coastal erosion planning and response. Senate Bill
517 also amended §33.603, Texas Natural Resources Code, by adding subsection
(h) to allow the Commissioner of the GLO to determine the percentage of the
shared project cost a qualified project partner must pay for a project undertaken
pursuant to subsection (b)(11) for removal of debris or structures, or relocation
of structures from the public beach. The amendments to §15.41 and §15.42
are adopted to implement CEPRA as amended by Senate Bill 517.
The amendment to §15.41(1)(A)(xiii) concerning information required
in the project goal summary submitted by a potential project partner adds
to the list of the types of projects for which funding may be sought new subclause
(VII) relating to a structural shoreline protection project on or landward
of a public beach that utilizes innovative technologies, designed or engineered
to minimize beach scour, in accordance with Texas Natural Resources Code, §33.603(b)(12),
and new subclause (VIII) relating to a demonstration project in accordance
with Texas Natural Resources Code, §33.603(g). Section 15.41(1)(A)(xv)
is also adopted to require the project goal summary to include a description
of how the proposed project is consistent with the policies of the Coastal
Coordination Council for shore protection projects promulgated in 31 TAC §501.26(b)
(relating to Policies for Construction in the Beach/Dune System) if the project
involves structural shoreline protection on or landward of a public beach.
The amendments to §15.41(1)(C) concerning the criteria used by the
Land Office to evaluate project goal summaries add new clause (x) to include
consideration of whether proposed structures will be designed with a sediment
bypass system, if the project involves the construction or retrofitting of
dams, jetties, groins or other structural impoundments; and new clause (xi)
to include consideration of whether the proposed project uses innovative technologies
designed or engineered to minimize beach scour in accordance with Texas Natural
Resources Code, §33.603(b)(12) and is consistent with the policies of
the Coastal Coordination Council promulgated in 31 TAC §501.26(b) (relating
to Policies for Construction in the Beach/Dune System), if the project involves
structural shoreline protection on or landward of a public beach.
The amendments to §15.42(d) concerning the state's portion of the
shared project costs adds a limitation of one-tenth of the total amount appropriated
to the Land Office for coastal erosion planning and response during the current
state fiscal biennium, if the project is a demonstration project undertaken
or funded pursuant to Texas Natural Resources Code §33.603(g) as added
by Senate Bill 517. The amendments to §15.42(d) concerning the qualified
project partner's portion of the shared project costs for a project undertaken
for the removal of debris or structures, or the relocation of structures from
the public beach provides that the Land Commissioner may determine the percentage
that the qualified project partner must pay in accordance with Texas Natural
Resources Code §33.603(h) as added by Senate Bill 517.
The justification for the adopted rulemaking is that potential project
partners and the Commissioner of the Land Office will have additional funding
options available for projects that utilize hard structures in conjunction
with beach nourishment to respond to coastal erosion. A November 2003 study
by the University of Texas Bureau of Economic Geology reported that new technologies
such as geotextile tubes, in conjunction with beach nourishment, provide an
effective response to erosion on the Texas Gulf coast. Geotextile tubes, comprised
of fabric tubes filled with sand, are placed parallel to the shoreline to
protect property and public infrastructure from storm surge and erosion. Since
parts of the Texas coast are undergoing long-term shoreline retreat, local
government officials are using these types of projects in conjunction with
beach nourishment to mitigate the effects of erosion. CEPRA funding participation
in such projects on or landward of the public beach will insure that they
will be consistent with the policies of the Coastal Coordination Council promulgated
in 31 TAC §501.26(b) (relating to Policies for Construction in the Beach/Dune
System).
The Land Office has evaluated the adopted rulemaking action in light of
the regulatory analysis requirements of Texas Government Code, §2001.0225,
and determined that the action is not subject to §2001.0225 because it
does not meet the definition of a "major environmental rule" as defined in
the statute. "Major environmental rule" means a rule, the specific intent
of which is to protect the environment or reduce risks to human health from
environmental exposure and that may 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
adopted amendments to Chapter 15, Subchapter B are not anticipated to 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 because the adopted rulemaking implements legislative
requirements in CEPRA relating to coastal erosion studies or projects undertaken
in cooperation with a qualified project partner under an agreement with the
Commissioner of the Land Office.
The adopted rulemaking is not subject to the Texas Coastal Management Program
(CMP), Texas Natural Resources Code §33.2053 and 31 TAC §505.11,
relating to the Actions and Rules Subject to the Coastal Management Program.
Individual erosion response projects undertaken in compliance with these rules
may be subject to the CMP, and consistency with the CMP is determined at the
appropriate stage of project planning.
The Land Office received no comments during the public comment period.
The amendments are adopted under the Texas Natural Resources
Code, §33.602(c) that provides the Commissioner of the General Land Office
with the authority to adopt rules to implement Subchapter H, Chapter 33, Texas
Natural Resources Code, concerning coastal erosion.
Texas Natural Resources Code, §§33.601 - 33.605 are affected
by the adopted amendments.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 14, 2006.
TRD-200600782
Trace Finley
Policy Director
General Land Office
Effective date: March 6, 2006
Proposal publication date: December 30, 2005
For further information, please call: (512) 305-8598