1-1 By: Sims S.B. No. 502
1-2 (In the Senate - Filed February 26, 1993; March 1, 1993, read
1-3 first time and referred to Committee on Natural Resources;
1-4 March 15, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; March 15, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 502 By: Sims
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to certain powers and duties of the State Soil and Water
1-24 Conservation Board.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Subsections (a), (b), (c), (d), and (h), Section
1-27 26.0135, Water Code, are amended to read as follows:
1-28 (a) The commission shall ensure the comprehensive regional
1-29 assessment of water quality in each watershed and river basin of
1-30 the state. In order to conserve public funds and avoid duplication
1-31 of effort, river authorities shall, to the greatest extent possible
1-32 and under the supervision of the commission, conduct regional
1-33 assessments of their own watersheds. Regional assessments
1-34 involving agricultural or silvicultural nonpoint source pollution
1-35 shall be coordinated through the state Soil and Water Conservation
1-36 Board with local soil and water conservation districts. The
1-37 commission, either directly or through cooperative agreements and
1-38 contracts with local governments, shall conduct regional
1-39 assessments of watersheds where a river authority is unable to
1-40 perform an adequate assessment of its own watershed. The
1-41 assessment must include a review of wastewater discharges, nonpoint
1-42 source pollution, nutrient loading, toxic materials, biological
1-43 health of aquatic life, public education and involvement in water
1-44 quality issues, local and regional pollution prevention efforts,
1-45 and other factors that affect water quality within the watershed.
1-46 The assessment shall also review any significant regulatory or
1-47 enforcement issues affecting the watershed. The assessment
1-48 required by this section is a continuing duty, and the assessment
1-49 shall be revised as necessary to show changes in the factors
1-50 subject to assessment.
1-51 (b) In order to assist in the coordination and development
1-52 of assessments and reports required by this section, a river
1-53 authority shall organize and lead a basin-wide steering committee
1-54 that includes representatives from all appropriate state agencies,
1-55 the State Soil and Water Conservation Board, political
1-56 subdivisions, and other governmental bodies with an interest in
1-57 water quality matters of the watershed or river basin. Each
1-58 committee member shall help identify significant water quality
1-59 issues within the basin and shall make available to the river
1-60 authority all relevant water quality data held by the represented
1-61 entities. A river authority shall also develop a public input
1-62 process that provides for meaningful comments and review by private
1-63 citizens and organizations on each regional assessment and report.
1-64 (c) The purpose of the assessment required by this section
1-65 is not to mandate exhaustive and detailed water quality studies,
1-66 but rather to identify significant issues affecting water quality
1-67 within each watershed and river basin of the state and to provide
1-68 sufficient information for the commission, the State Soil and Water
2-1 Conservation Board, river authorities, and other governmental
2-2 bodies to take appropriate corrective action necessary to maintain
2-3 and improve the quality of the state's water resources. The
2-4 commission shall establish by rule the level of detail required for
2-5 each watershed and river basin assessment.
2-6 (d) On or before October 1 of each even-numbered year, each
2-7 river authority shall report in writing to the governor,
2-8 commission, State Soil and Water Conservation Board, and Parks and
2-9 Wildlife Department on the water quality assessment of the
2-10 authority's watershed, including an identification of any
2-11 significant regulatory or enforcement issues, and on any actions
2-12 taken by the authority and other local governments to improve water
2-13 quality within the authority's watershed. The assessment report
2-14 must identify each legal, administrative, economic, or other
2-15 impediment to further water quality efforts by the authority and
2-16 local governments. The commission shall then prepare a report that
2-17 summarizes each river authority's assessment report, describes the
2-18 commission's regional water quality assessment efforts, and lists
2-19 the commission's past and proposed actions for improving water
2-20 quality within the watersheds subject to such assessments. The
2-21 commission shall submit its report, along with the commission's
2-22 comments and recommendations on regional water quality management,
2-23 to the governor, the lieutenant governor, and the speaker of the
2-24 house of representatives on or before December 1 of each
2-25 even-numbered year.
2-26 (h) The Texas Water Commission shall apportion, assess, and
2-27 recover the reasonable costs of administering water quality
2-28 management programs under this section from <all> users of water
2-29 and wastewater permit holders in the watershed according to the
2-30 records of the commission generally in proportion to their right,
2-31 through permit or contract, to use water from and discharge
2-32 wastewater in the watershed. The cost to river authorities and
2-33 others to conduct regional water quality assessment shall be
2-34 subject to prior review and approval by the commission as to
2-35 methods of allocation and total amount to be recovered. The
2-36 commission shall adopt rules to supervise and implement the water
2-37 quality assessment and associated costs. The rules shall ensure
2-38 that water users and wastewater dischargers do not pay excessive
2-39 amounts, that a river authority may recover no more than the actual
2-40 costs of administering the water quality management programs called
2-41 for in this section, and that no municipality shall be assessed
2-42 cost for any efforts that duplicate water quality management
2-43 activities described in Section 26.177 of this chapter.
2-44 SECTION 2. Section 26.0136, Water Code, is amended to read
2-45 as follows:
2-46 Sec. 26.0136. Regional Water Quality Implementation. The
2-47 commission is the agency with primary responsibility for
2-48 implementation of regional water quality management functions,
2-49 including enforcement actions, within the state. The commission by
2-50 rule shall coordinate the water quality responsibilities of river
2-51 authorities within each watershed and shall, where appropriate,
2-52 delegate water quality functions to local governments under Section
2-53 26.175 of this code. The State Soil and Water Conservation Board
2-54 shall coordinate and administer all programs for abating
2-55 agricultural or silvicultural nonpoint source pollution, as
2-56 provided by Section 201.026, Agriculture Code. Nothing in this
2-57 section is intended to enlarge, diminish, or supersede the water
2-58 quality powers, including enforcement authority, authorized by law
2-59 for river authorities, the State Soil and Water Conservation Board,
2-60 and local governments. Nothing in this section is intended to
2-61 enlarge, diminish, or supersede the responsibilities of the Texas
2-62 Agricultural Extension Service and The Texas Agricultural
2-63 Experiment Station to conduct educational programs and research
2-64 regarding nonpoint source pollution and related water resource and
2-65 water quality matters. For purposes of this section, river
2-66 authority shall have the same meaning as that contained in Section
2-67 26.0135(i) of this code.
2-68 SECTION 3. This Act takes effect September 1, 1993.
2-69 SECTION 4. The importance of this legislation and the
2-70 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.
3-4 * * * * *
3-5 Austin,
3-6 Texas
3-7 March 15, 1993
3-8 Hon. Bob Bullock
3-9 President of the Senate
3-10 Sir:
3-11 We, your Committee on Natural Resources to which was referred S.B.
3-12 No. 502, have had the same under consideration, and I am instructed
3-13 to report it back to the Senate with the recommendation that it do
3-14 not pass, but that the Committee Substitute adopted in lieu thereof
3-15 do pass and be printed.
3-16 Sims,
3-17 Chairman
3-18 * * * * *
3-19 WITNESSES
3-20 FOR AGAINST ON
3-21 ___________________________________________________________________
3-22 Name: Anthony C. Grigsby x
3-23 Representing: Tx. Water Commission
3-24 City: Austin
3-25 -------------------------------------------------------------------
3-26 Name: Robert G. Buckley x
3-27 Representing: Soil and Water Conservation
3-28 City: Temple
3-29 -------------------------------------------------------------------
3-30 Name: James M. Moore x
3-31 Representing: Tx State Soil & Water Cons.
3-32 City: Belton
3-33 -------------------------------------------------------------------
3-34 Name: Nanette Brewer x
3-35 Representing: Self
3-36 City: Austin
3-37 -------------------------------------------------------------------
3-38 Name: Mary M. Arnold x
3-39 Representing:
3-40 City: Austin
3-41 -------------------------------------------------------------------
3-42 Name: Ken Kramer x
3-43 Representing: Sierra Club
3-44 City: Austin
3-45 -------------------------------------------------------------------
3-46 Name: Laura D. Koesters x
3-47 Representing: TWC
3-48 City: Austin
3-49 -------------------------------------------------------------------
3-50 Name: James Kavis x
3-51 Representing: Tx Water Commission
3-52 City: Austin
3-53 -------------------------------------------------------------------
3-54 Name: C. F. Dick Schendel x
3-55 Representing: Tx State Soil & Water Cons. BD
3-56 City: Goliad
3-57 -------------------------------------------------------------------
3-58 Name: Susan S. Pitman x
3-59 Representing: The Chemical Connection
3-60 City: Wimberley
3-61 -------------------------------------------------------------------
3-62 Name: Reggie James x
3-63 Representing:
3-64 City: Austin
3-65 -------------------------------------------------------------------
3-66 FOR AGAINST ON
3-67 ___________________________________________________________________
3-68 Name: David Frederick x
3-69 Representing: Self/EDF
3-70 City: Austin
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