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.