BILL ANALYSIS


                                                         S.B. 450
                                                       By: Rosson
                                      Intergovernmental Relations
                                                         02-22-95
                                       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 grant any
additional rulemaking authority to a state officer, institution, or
agency.

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.