1-1 By: Ratliff S.B. No. 650 1-2 (In the Senate - Filed February 20, 1995; February 20, 1995, 1-3 read first time and referred to Committee on Natural Resources; 1-4 February 28, 1995, reported favorably by the following vote: Yeas 1-5 9, Nays 1; February 28, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the regulation of nonpoint source water pollution, 1-9 stormwater discharges, wet weather water quality standards, and 1-10 control of sanitary sewer overflows. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subchapter B, Chapter 26, Water Code, is amended 1-13 by adding Section 26.0271 to read as follows: 1-14 Sec. 26.0271. NONPOINT SOURCE AND WET WEATHER WATER QUALITY. 1-15 (a) The commission shall not adopt any regulation to address 1-16 nonpoint source water pollution, stormwater discharges, wet weather 1-17 water quality standards, or control of sanitary sewer overflows 1-18 that exceeds an applicable federal law, policy, regulation, or 1-19 standard addressing the same issue. 1-20 (b) If the commission proposes a regulation concerning 1-21 nonpoint source water pollution, stormwater discharges, wet weather 1-22 water quality standards, or control of sanitary sewer overflows, it 1-23 shall include in the proposal a legal analysis demonstrating that 1-24 the proposed rule does not exceed applicable federal law, policy, 1-25 regulation, or standard addressing the same issue. 1-26 (c) In implementing regulations to address nonpoint source 1-27 water pollution, stormwater discharges, wet weather water quality 1-28 standards, or control of sanitary sewer overflows, the commission 1-29 shall employ the maximum flexibility allowed under the federal law, 1-30 policy, regulation, or standard addressing the same issue; shall 1-31 take into consideration the financial conditions and constraints of 1-32 local governments affected by the regulations; and shall allow 1-33 local governments affected by the regulations ample time to design 1-34 and develop cost-effective control methods or facilities before 1-35 initiating enforcement actions. 1-36 SECTION 2. The importance of this legislation and the 1-37 crowded condition of the calendars in both houses create an 1-38 emergency and an imperative public necessity that the 1-39 constitutional rule requiring bills to be read on three several 1-40 days in each house be suspended, and this rule is hereby suspended. 1-41 * * * * *