Enrolled Bill Summary

House Bill 2977 adds provisions to the Water Code relating to regional flood control plans. The bill applies to a conservation and reclamation district authorized to provide storm water drainage and flood control facilities and that has boundaries coextensive with those of a county with a population of 2.8 million or more. The bill provides that the district and the county may cooperate to prepare a regional plan that includes all land within the district and that is consistent with the master drainage plan adopted by the district. House Bill 2977 provides the district with certain authority to acquire land for the regional plan, sets forth certain funding mechanisms, requires the plan to include development rules regarding land use and control measures, and sets forth requirements for plan adoption and providing notification to the Texas Natural Resource Conservation Commission (TNRCC). The bill also authorizes the district to establish certain alternative wetlands mitigation programs.

House Bill 2977 authorizes the TNRCC to exercise certain federal powers reserved to the state regarding water pollution control to either certify that a pollutant discharge will not cause a violation of water quality standards or to waive certification. The bill requires the TNRCC to waive review until September 1, 2001, for a project undertaken in a district that has notified the TNRCC that development of a regional flood control plan has begun, unless certain environmental impact statements are required under federal law or the review is necessary to maintain delegation of a federally delegated program or approval of a federally approved program. The TNRCC must develop an expedited certification review process for certain projects located in an area identified in a regional control plan, and the review process must comply with approved water quality standards, not be more stringent than the process required by federal law, and eliminate duplication of federal activities as much as possible.

The bill authorizes a district that adopts a regional flood control plan to request certain assistance from the Texas Water Development Board for creation of a payment system for certain development fees, and requires the TNRCC to develop a memorandum of understanding with the United States Army Corps of Engineers to foster certain regional programmatic permits in counties where regional plans have been developed.