By Brimer, Wohlgemuth, et al. H.C.R. No. 24
74R2394 MPC-D
CONCURRENT RESOLUTION
1-1 WHEREAS, The enactment of the Water Pollution Control Act of
1-2 1987, also known as the Clean Water Act, marked a renewed
1-3 commitment and resolve by the federal government to purify and
1-4 protect our nation's water; and
1-5 WHEREAS, While the goals of the federal Clean Water Act are
1-6 shared by the citizens of this country, a balance must be struck
1-7 between the steps to be taken to reduce water contamination and the
1-8 adverse impact those steps may have on individuals, the economy,
1-9 and government; and
1-10 WHEREAS, Under the Water Pollution Control Act, all
1-11 municipalities with populations of less than 100,000 must obtain a
1-12 permit from the Environmental Protection Agency for every
1-13 stormwater discharge point in the city; and
1-14 WHEREAS, This unfunded federal mandate on municipal
1-15 stormwater discharges is estimated to cost cities across the
1-16 country as much as $625,000 per permit; and
1-17 WHEREAS, Thousands of cities will now have to grapple with
1-18 the enormous costs, complexity, and liability of meeting this new,
1-19 unfunded federal mandate; and
1-20 WHEREAS, The failure of the United States Congress to provide
1-21 adequate funding to implement the Clean Water Act and other federal
1-22 legislation has placed state and local governments in the untenable
1-23 position of attempting to fund the federal requirements with
1-24 diminishing amounts of available revenue or, by failing to do so,
2-1 jeopardizing state and local eligibility for certain federal funds;
2-2 and
2-3 WHEREAS, The 102nd Congress of the United States previously
2-4 addressed the issue of unfunded mandates by enacting legislation
2-5 that provided a two-year moratorium on unfunded state and local
2-6 mandates, which included the municipal stormwater discharge
2-7 mandate; and
2-8 WHEREAS, The 103rd Congress adjourned without extending the
2-9 moratorium, thus triggering the municipal stormwater discharge
2-10 permit requirement; now, therefore, be it
2-11 RESOLVED, That the 74th Legislature of the State of Texas
2-12 hereby strongly urge the Congress of the United States to amend the
2-13 Water Pollution Control Act to exempt cities with populations of
2-14 less than 100,000 from obtaining permits from the Environmental
2-15 Protection Agency for stormwater discharge points; and, be it
2-16 further
2-17 RESOLVED, That the Texas secretary of state forward official
2-18 copies of this resolution to the president of the United States, to
2-19 the speaker of the house of representatives and president of the
2-20 senate of the United States Congress, and to all members of the
2-21 Texas delegation to the congress with the request that it be
2-22 officially entered in the Congressional Record as a memorial to the
2-23 Congress of the United States of America.