BILL ANALYSIS



H.C.R. 24
By: Brimer
February 16, 1995
Committee Report (Unamended)


BACKGROUND

Currently, all municipalities with populations of less than 100,000
must obtain a permit from the Environmental Protection Agency (EPA)
for every stormwater discharge point in the city.  This unfunded
federal mandate on municipal stormwater discharges is a financial
burden on cities,  especially on small communities throughout
Texas.  The 102nd Congress of the United States previously
addressed the issue of unfunded mandates by enacting legislation
that provided a two-year moratorium on unfunded state and local
mandates, including the municipal stormwater mandate.  The 103rd
Congress adjourned without extending the moratorium, thus
triggering the municipal stormwater discharge permit requirement.

PURPOSE

HCR 24 will urge the United States Congress to amend the Water
Pollution Control Act to exempt cities with population of less than
100,000 from obtaining permits from the Environmental Protection
Agency (EPA) for stormwater discharge points.


RULEMAKING AUTHORITY

It is the committee's opinion that this resolution does not
expressly grant any additional rulemaking authority to a state
officer, institution, or agency.

SECTION BY SECTION ANALYSIS

Pursuant to House Rule 4, Section 32 (c), the committee has
determined that an analysis of the content of this legislation is
not necessary.

SUMMARY OF COMMITTEE ACTION

Pursuant to a public notice posted on February 9, 1995, in
accordance with House Rules, the House Committee on Environmental
Regulation met in a public hearing on February 14, 1995, in Room
E2.028.  The Chair laid out HCR 24.

The Chair recognized Lou Hamilton, the Environmental Services
Manager for the City of Burleson, representing herself to testify
for HCR 24.  The Chair recognized Dwayne "Sparky" Anderson,
representing Clean Water Action, to testify against HCR 24.  The
Chair recognized Representative Arlene Wohlgemuth to testify for
HCR 24.

By a record vote of seven ayes (7), no nays (0), no present not
voting (0), and two absent (2), the committee voted to report HCR
24 to the House without amendment with the recommendation that it
do pass.