BILL ANALYSIS S.B. 450 By: Rosson (McDonald) 3-13-95 Committee Report (Amended) BACKGROUND El Paso, due to its location on the northern edge of the Chihuahua Desert, has limited water resources. The El Paso and Juarez area contains a metropolitan community of approximately two million people, necessitating sound water and wasterwater planning for the continued health of the region. The City of El Paso, through its water utility, the Public Service Board, currently serves about 90 percent of the population of El Paso County with water and wastewater services. Under existing law, various water districts, water supply corporations, and water utilities provide service to other residents of El Paso County. None of these has the planning staff or resources to devise comprehensive water and wastewater planning for the county. PURPOSE As proposed, S.B. 450 designates the City of El Paso as the regional water and wastewater planner with the authority to conduct regional water and wastewater planning. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. DEFINITIONS. Defines "application," "city," "county," "person," "PSB," "regional planning," "system," and "water utility." SECTION 2. LEGISLATIVE FINDINGS. Sets forth the findings of the legislature. SECTION 3. PURPOSES. Provides that the purposes of this Act are to improve regional water and wastewater planning for El Paso County and to encourage increased consultation, coordination, and cooperation in the management of regional water resources. SECTION 4. DESIGNATION OF CITY AS REGIONAL WATER AND WASTEWATER PLANNER. (a) Provides that on the enactment of an enabling resolution by the El Paso City Council, El Paso is designated, through its Public Service Board (PSB), as the regional water and wastewater planner with the authority to conduct regional water and wastewater planning. (b) Requires El Paso, through its PSB, to receive priority consideration for funding of regional water and wastewater planning. (c) Provides that regional planning for which the PSB would receive priority consideration for funding does not include certain categories of activities, but requires all persons filing applications for state or federal funding for the certain categories of activities to comply with all the provisions of Section 5 of this Act. (d) Sets forth considerations to be included in the regional planning. (e) Defines "regional plan." SECTION 5. FUNDING APPLICATIONS. (a) Requires a person who intends to file an application to schedule a preapplication conference with the general manager of the PSB and to confer with the PSB to discuss the proposed content of the application no later than 30 days prior to the filing of the application with the funding entity. (b) Requires a copy of all applications to be filed with the PSB on or before the date on which the application is filed with the funding entity. Provides that the PSB has 45 days after receipt to comment on the application but at anytime during this 45-day period may notify the applicant that it has no comments. Prohibits an agency of the State of Texas from approving an application until the earlier of 45 days after the date of receipt the application, PSB's comments, or PSB's decision not to comment. (c) and (d) Require all applicants for water and wastewater projects to submit to the PSB certain information. (e) Requires the application to characterize the aquifer system and its recharge zone and determine the effect of approval of the application on the life of the aquifer, the quality of water in the aquifer, and the natural recharge of the aquifer, if groundwater is the source of water. SECTION 6. EXEMPTIONS. Provides that this Act does not apply to the El Paso County Water Improvement District No. 1. SECTION 7. NONSURRENDER OF RATE JURISDICTION. Provides that nothing in this Act constitutes a surrender or grant of jurisdiction over rates and services to the Texas Natural Resource Conservation Commission or any successor agency. SECTION 8. SEVERABILITY AND CONSTRUCTION. Severability clause. SECTION 9. Emergency clause. Effective date: upon passage. EXPLANATION OF AMENDMENTS Committee Amendment No. 1: Substitutes a new Section 7. The old Section 7 was a "Nonsurrender of Rate Jurisdiction" clause, which provided that nothing in this Act constitutes a surrender or grant of jurisdiction over rates and services to the TNRCC or any successor agency. The new Section 7 is a "Nonsurrender of Chapter 13, Water Code, Jurisdiction" clause, which states that nothing in this Act limits or affects the jurisdiction of the TNRCC or any successor agency under Chapter 13, Water Code. (Chapter 13, Water Code, is entitled "Water Rates and Services". Committee Amendment No. 2: At page 4, line 4, adds the words "Subject to paragraph (c) of Section 4," before the words "regional planning includes the following considerations:". Committee Amendment No. 3: Adds, at the end of Section 3, the sentence "It is not a purpose of this Act to regulate water and wastewater for Hudspeth County or Culberson County." SUMMARY OF COMMITTEE ACTION S.B.450 was considered by the committee in a public hearing on March 13, 1995. The following persons testified in favor of the bill: Ms. Theodora Trujillo, representing El Paso Interreligous Sponsoring Organization; Ms. Rosa Cisneros, representing herself and El Paso Interreligious Sponsoring Organization; Mr. Jack Vowell, representing the El Paso Chamber of Commerce. The following persons testified against the bill: None (0). The following persons testified on the bill: None (0). The committee considered three (3) amendments to the bill. All three (3) of those amendments were adopted without objection. The bill was reported favorably, as amended, with the recommendation that it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.