BILL ANALYSIS
Environmental Regulation Committee
By: Jackson
4-4-95
BACKGROUND
Currently state law requires the Texas Natural Resource
Conservation Commission (TNRCC) to review and approve all plans and
specifications for certain wastewater treatment or disposal systems
before construction of those systems can begin. However, this
statutory requirement can result in duplicative efforts at the
state and local levels since many of these systems are constructed
by cities or other political subdivisions which have:
(1) their own internal engineering staff to review and approve
the plans and specifications, or
(2) are already required by local ordinance to submit their
plans and specifications to a political subdivision for review and
approval.
PURPOSE
HB 1826 will allow the TNRCC, on a case-by-case basis, to review
and approve wastewater treatment plans and specifications, and to
adopt rules which set standards to determine which plans and
specifications will be subject to TNRCC review and approval.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill expressly grants
rulemaking authority to the Texas Natural Resource Conservation
Commission in Section 1 of the bill. [Section 26.034, Water Code]
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 26.034, Water Code, as follows:
(a) Changes language to permissive, and allows the commission
to review and approve wastewater plans and specifications on
a case-by-case basis.
(b) Deletes need for commission to review and approve all
plans.
(c) Requires the TNRCC, by rule, to adopt standards to
determine which plans and specifications to review for
approval.
(d) Subject to Subsections (e) and (f), the TNRCC is
prohibited from requiring the submission of plans and
specifications for a sewer or disposal system that transports
domestic waste from:
(1) a municipality if it has its own internal
engineering review staff, the plans and specifications
are prepared by private engineering consultants, and the
review is conducted by a registered professional
engineer under specified conditions;
(2) or an entity that is required by local ordinance to
submit plans and specifications to a municipality.
(e) If the engineer in Subsection (d)(1) finds the plans and
specifications are in compliance with commission standards,
review and approval by the commission is not required. If the
plans and specifications are not in substantial compliance
with commission standards, they must be submitted to the
commission for review and approval.
(f) If the municipality's review and approval is not in
compliance with commission standards, the commission shall
require all plans and specifications
reviewed under Subsections (d) and
(e) be submitted for review and
approval.
SECTION 2. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
Original as filed
Substitute
SECTION 1. Amends Section
26.043, Water Code, as
follows:
SECTION 1. Amends Section
26.043, Water Code, as
follows:
(a) Changes language to
permissive, and allows the
commission to review and
approve wastewater plans and
specifications on a case-by-case basis.
Same.
(b) Deletes need for
commission to review and
approve all plans.
Same.
(c) Requires the TNRCC, by
rule, to adopt standards to
determine which plans and
specifications to review for
approval. The standards
require the commission to
consider risk factors,
compliance status, and public
money funding.
(c) Requires the TNRCC, by
rule, to adopt standards to
determine which plans and
specifications to review for
approval. The substitute does
not include the list of
standards the commission must
consider.
(d) Prohibits the TNRCC from
requiring that plans and
specifications for a treatment
facility or a sewer system
that treats, transports, or
disposes of domestic waste, be
submitted by persons having
their own internal engineering
staff for review and approval
or is required by local
ordinance to submit the plans
and specifications to a
political subdivision for
approval.
(d) Subject to Subsections (e)
and (f), the TNRCC is
prohibited from requiring the
submission of plans and
specifications for a sewer or
disposal system that
transports domestic waste
from:
(1) a municipality if it
has its own internal
engineering review staff,
the plans and
specifications are
prepared by private
engineering consultants,
and the review is
conducted by a registered
professional engineer
under specified
conditions;
(2) or an entity that is
required by local
ordinance to submit plans
and specifications to a
municipality.
(e) Conforming language change
to show the commission's
prerogative to review plans
and specifications.
(e) If the engineer in
Subsection (d)(1) finds the
plans and specifications are
in compliance with commission
standards, review and approval
by the commission is not
required. If the plans and
specifications are not in
compliance with commission
standards, they must be
submitted to the commission
for review and approval.
(f) "Political subdivision" is
defined as a county,
municipality, or other
specified entity.
(f) If the municipality's
review and approval is not in
compliance with commission
standards, the commission
shall require all plans and
specifications reviewed under
Subsections (d) and (e) be
submitted for review and
approval.
No definition of "political
subdivision" is given.
SECTION 2. Emergency clause.
SECTION 2. Same.
SUMMARY OF COMMITTEE ACTION
HB 1826 was considered by the House Committee on Environmental
Regulation in a public hearing on April 4, 1995. The committee
considered a complete substitute for the bill. Steve Stagner,
representing the Consulting Engineers Council of Texas, testified
in favor of the bill. Thomas Weber, representing the Texas Natural
Resource Conservation Commission, testified neutrally on the bill.
The substitute for HB 1826 was adopted without objection. HB 1826
was reported favorably as substituted with the recommendation that
it do pass and be printed, by a record vote of seven (7) ayes, no
(0) nays, no (0) pnv, and two (2) absent.