PART 17. TEXAS STATE SOIL AND WATER CONSERVATION BOARD
CHAPTER 523. AGRICULTURAL AND SILVICULTURAL WATER QUALITY MANAGEMENT
Texas State Soil and Water Conservation Board proposes an amendment to Title 31 Texas Administrative Code, §523.6(e)(5), which limits the amount of cost share incentive funding per operating unit to $15,000. The agency is proposing to remove the amount from rule and base it on a routine state board decision within the Water Quality Management Plan Program.
Fiscal Note
Kenny Zajicek, Fiscal Officer, has determined that for each year of the first five years that the rule is in effect, there are no anticipated increases or reductions in costs to the state and local governments due to enforcing or administering the rule.
Kenny Zajicek, Fiscal Officer, has also determined that for each year of the first five years that the rule is in effect, there is no anticipated impact in revenue to state government as a result of enforcing or administering the rule.
Public Benefit and Cost Note
Kenny Zajicek, Fiscal Officer, has also determined that for each year of the first five years the rule is in effect, the anticipated public benefit will be to protect the public by establishing and maintaining a high standard of integrity, skills, and practice.
Local Employment Impact Statement
Kenny Zajicek, Fiscal Officer, has determined that the rule will not impact local employment or economy. Thus, the board is not required to prepare a local employment impact statement pursuant to §2001.022, Government Code.
Economic Impact Statement and Regulatory Flexibility Analysis
Kenny Zajicek, Fiscal Officer, has determined that there are no anticipated adverse economic effects on small businesses, micro-businesses, or rural communities because of the rule. Thus, the Board is not required to prepare an economic impact statement or a regulatory flexibility analysis pursuant to §2006.002, Government Code.
Takings Impact Assessment
Kenny Zajicek, Fiscal Officer, has determined that no private real property interests are affected by the rule. Thus, the board is not required to prepare a takings impact assessment pursuant to §2007.043, Government Code.
Public Benefit/Cost Note.
Kenny Zajicek, Fiscal Officer, has determined, under Government Code §2001.024(a)(5), that for the first five-year period, the amended rules are in effect, the public benefit will be an efficient use of state resources. He further has determined there will be no probable economic cost to persons required to comply with the rule.
Government Growth Impact Statement
For the first five years that the rule would be in effect, it is estimated that; the proposed rule would not create or eliminate a government program; implementation of the proposed rule would not require the creation of new employee positions or the elimination of existing employee positions; implementation of the proposed rule would not require an increase or decrease in future legislative appropriations to the agency; the proposed rule would not require an increase in the fees paid to the agency; the proposed rule would not create a new regulation; the proposed rule would not expand, limit, or repeal an existing regulation; the proposed rule would not increase or decrease the number of individuals subject to the rule's applicability; and the proposed rule would not positively or adversely affect the state's economy.
Environmental Rule Analysis
The proposed rule is not a "major environmental rule" as defined by Government Code §2001.0225. The proposed rule is not specifically intended to protect the environment or to reduce risks to human health from environmental exposure. Therefore, a regulatory environmental analysis is/is not required.
Request for Public Comments
The Texas State Soil and Water Conservation Board invites comments on the proposed new rule from any interested persons, including any member of the public. A written statement should be mailed or delivered to Heather Bounds, Texas State Soil and Water Conservation Board, 1497 Country View Lane, Temple, Texas 76504, or by e-mail to hbounds@TSSWCB.Texas.Gov Comments will be accepted for 30 days following publication in the Texas Register. Comments must be received within 30 days after the publication of this proposal to be considered.
Statutory Authority
With the enactment of Senate Bill 503 (73rd Regular Session - Sims / Counts) in 1993, the Texas Legislature designated the Texas State Soil and Water Conservation Board (TSSWCB) the lead agency in the state for the abatement, management, and prevention of nonpoint source pollution from agricultural or silvicultural sources. Additionally, the Legislature authorized the agency to administer a certified Water Quality Management Plan (WQMP) Program, complete with a cost-share program to incentivize participation and offset the cost of implementing soil and water land improvement measures for lands within the state. While the TSSWCB makes the program available on a statewide basis, the State Board approves priorities based on activity and geography to target the cost-share incentive funding to the areas of the state that exhibit the most need for nonpoint source pollution abatement.
Title 31 Texas Administrative Code, §523.6(f)(4), which limits the amount of cost share incentive funding per operating unit to $15,000. The agency is proposing to remove the amount from rule and base it on a routine state board decision within the Water Quality Management Plan Program.
§523.6.Cost-Share Incentive Funding for Soil and Water Conservation Land Improvement Measures.
(a) - (d) (No change.)
(e) Administration of Funds.
(1) - (4) (No change.)
(5) Maximum Allowable Amount of Cost-Share Funds per
Operating Unit. The maximum allowable amount of cost-share funds that
may be applied to any single operating unit will be adopted by
the State Board prior to the beginning of each biennium [is
$15,000]. This provision applies only to general revenue funds
appropriated by the Texas Legislature to assist program participants
with the implementation of soil and water conservation land improvement
measures as allowed by Agriculture Code §201.301. In cases where
the funding for cost-share incentives originates from sources other
than appropriations made directly to this program by the Texas Legislature,
the maximum allowable amount of cost-share incentive funding per operating
unit will be established by the terms of the contractual agreement
providing the funds until otherwise specified by the State Board.
(f) - (k) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 18, 2023.
TRD-202301401
Heather Bounds
Government Relations Specialist
Texas State Soil and Water Conservation Board
Earliest possible date of adoption: June 4, 2023
For further information, please call: (254) 778-8741