By: Truan, et al. S.B. No. 953
A BILL TO BE ENTITLED
AN ACT
1-1 relating to regional planning of water supply or sewer services for
1-2 an area eligible for economically distressed area program financial
1-3 assistance.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 13.244, Water Code, is amended by adding
1-6 Subsection (d) to read as follows:
1-7 (d) Each applicant for a certificate for an area eligible
1-8 for financial assistance under Subchapter K, Chapter 17, shall file
1-9 with the commission evidence that the applicant's proposed water
1-10 supply or sewer services have been certified as consistent with
1-11 regional water supply and sewer service planning under Section
1-12 17.952. This subsection does not apply to an applicant for a
1-13 certificate for an area located in a region described by Section
1-14 17.958.
1-15 SECTION 2. Section 13.246, Water Code, is amended by adding
1-16 Subsections (d) and (e) to read as follows:
1-17 (d) The commission shall deny an application for a
1-18 certificate to serve an area eligible for financial assistance
1-19 under Subchapter K, Chapter 17, unless the application is certified
1-20 to be consistent with regional water supply and sewer service
1-21 planning under Section 17.952. This subsection does not apply to
1-22 an applicant for a certificate for an area located in a region
1-23 described by Section 17.958.
2-1 (e) The commission shall deny an application for a
2-2 certificate to serve an area eligible for financial assistance
2-3 under Subchapter K, Chapter 17, if the area is included in a
2-4 certificate held by a retail public utility that is indebted to the
2-5 United States government under a program administered under 7
2-6 U.S.C. Section 1926.
2-7 SECTION 3. Chapter 17, Water Code, is amended by adding
2-8 Subchapter L to read as follows:
2-9 SUBCHAPTER L. REGIONAL PLANNING OF WATER AND SEWER SERVICES
2-10 Sec. 17.951. DEFINITION. In this subchapter, "hazardous
2-11 flood zone" means an area identified as within the 100-year
2-12 floodplain by the Federal Emergency Management Agency pursuant to
2-13 the National Flood Insurance Act of 1968, as amended (42 U.S.C.
2-14 Sections 4001 through 4127).
2-15 Sec. 17.952. WATER SUPPLY AND SEWER SERVICE CERTIFICATION.
2-16 (a) A person who proposes to supply water or sewer services within
2-17 an economically distressed area eligible for financial assistance
2-18 under Subchapter K shall apply to the regional planning commission
2-19 created for the area under Chapter 391, Local Government Code, for
2-20 certification that the proposed water supply or sewer services do
2-21 not conflict with any regional water supply or sewer service plan
2-22 or policy.
2-23 (b) Not later than 10 days after the date that the
2-24 application is made, the applicant shall publish public notice of
2-25 its application in a newspaper of general circulation in the
3-1 economically distressed area and, by mail, shall notify of its
3-2 application any potentially involved county, municipality, or
3-3 provider of water supply or sewer services identified by the
3-4 regional planning commission. The notice shall request that
3-5 objections to the application be delivered to the regional planning
3-6 commission within 30 days after the date of the notice.
3-7 (c) If the regional planning commission does not receive an
3-8 objection to the proposed water supply or sewer services before the
3-9 31st day after the date the notice is published and mailed, the
3-10 regional planning commission may certify that the services are
3-11 consistent with regional water supply and sewer service planning
3-12 without a hearing.
3-13 (d) If the regional planning commission receives an
3-14 objection to the proposed water supply or sewer services before the
3-15 31st day after the date that notice is given, the regional planning
3-16 commission shall set a public hearing on the application. The
3-17 regional planning commission shall provide notice of the hearing to
3-18 all interested parties and shall publish public notice in a
3-19 newspaper of general circulation in the economically distressed
3-20 area not later than the 14th day before the date of the hearing.
3-21 (e) The regional planning commission may combine hearings on
3-22 competing proposals for water supply or sewer services after notice
3-23 is given as provided by Subsections (b) and (d).
3-24 (f) The regional planning commission may consider written
3-25 testimony concerning an objection to the proposed services. The
4-1 regional planning commission shall make written testimony available
4-2 for public examination.
4-3 (g) The regional planning commission may call a recess on
4-4 the motion of an interested party or on its own motion to allow
4-5 parties to negotiate a settlement of any issue in dispute. The
4-6 regional planning commission may provide mediation services to
4-7 negotiating parties.
4-8 (h) In determining whether the proposed water supply or
4-9 sewer services are consistent with regional planning for the
4-10 services, the regional planning commission shall consider:
4-11 (1) whether the proposed services best meet the needs
4-12 of the economically distressed area;
4-13 (2) any alternative proposals for water supply or
4-14 sewer services;
4-15 (3) the criteria for obtaining a certificate of
4-16 convenience and necessity under Sections 13.246(b) and (c);
4-17 (4) the factors for approval of financial assistance
4-18 provided by Section 17.929 or under a federal financial assistance
4-19 program, to the degree applicable;
4-20 (5) whether the proposed services comply with minimum
4-21 state standards for water supply and sewer services adopted under
4-22 Section 16.342 and the model rules prepared under Section 16.343;
4-23 (6) whether the proposed services would interfere with
4-24 other service providers;
4-25 (7) whether the area to be served or any proposed
5-1 service facility is in a flood zone; and
5-2 (8) other factors the commission determines are
5-3 applicable.
5-4 (i) The regional planning commission shall certify as
5-5 consistent with regional planning for water supply or sewer
5-6 services an applicant's proposed water supply or sewer service plan
5-7 if the proposed plan was in existence before September 1, 1995, and
5-8 any portion of the plan was financed, constructed, or providing
5-9 services before September 1, 1995.
5-10 (j) The commission and the board shall assist the regional
5-11 planning commission in conducting the hearing, evaluating proposals
5-12 and testimony, and coordinating any negotiation by or mediation
5-13 between the parties.
5-14 (k) This section does not apply to water supply or sewer
5-15 services proposed for an area not served by a regional planning
5-16 commission created under Chapter 391, Local Government Code.
5-17 Sec. 17.953. COORDINATION OF REGIONAL WATER SUPPLY AND SEWER
5-18 SERVICES IN CERTAIN AREAS. (a) A regional planning commission
5-19 created under Chapter 391, Local Government Code, whose region
5-20 contains an area eligible for financial assistance under Subchapter
5-21 K of this chapter shall coordinate water supply and sewer service
5-22 planning in the eligible area.
5-23 (b) The regional planning commission shall assess and foster
5-24 opportunities to address inadequate water supply or sewer services
5-25 in the eligible area:
6-1 (1) by cooperation of political subdivisions and other
6-2 entities able to provide the services;
6-3 (2) with a single, regionwide, water and sewer
6-4 development policy; and
6-5 (3) through peer review to enhance the efficiency and
6-6 quality of proposals for water supply or sewer service projects.
6-7 (c) The regional planning commission shall assist and advise
6-8 a political subdivision that applies for financial assistance to
6-9 construct a water supply or sewer service project in the eligible
6-10 area.
6-11 (d) The commission and the board shall assist the regional
6-12 planning commission in performing its duties under this subchapter
6-13 by training regional planning commission staff and advising the
6-14 regional planning commission on substantive and procedural issues
6-15 relating to water and sewer service development.
6-16 Sec. 17.954. RELOCATION FINANCING. (a) The board may use
6-17 the funds in the economically distressed areas account, which are
6-18 not restricted in use under the constitution, law, or agreement
6-19 pursuant to which the funds have been deposited in such account, to
6-20 provide financial assistance to a regional planning commission
6-21 created under Chapter 391, Local Government Code, that undertakes
6-22 to relocate individuals who are living in a hazardous flood zone
6-23 within an economically distressed area, as defined by Section
6-24 17.921 of this code.
6-25 (b) Money from the account, which is not restricted in use
7-1 under the constitution, law, or agreement pursuant to which the
7-2 funds have been deposited in such account, may be used to purchase
7-3 property in a hazardous flood zone and for expenses related to
7-4 relocation of individuals living in the flood zone.
7-5 Sec. 17.955. REIMBURSEMENT FOR REGIONAL PLANNING EXPENSES.
7-6 On application of a regional planning commission created under
7-7 Chapter 391, Local Government Code, whose region contains an area
7-8 eligible for financial assistance under Subchapter K of this
7-9 chapter, the board shall use money in the economically distressed
7-10 areas account, which is not restricted in use under the
7-11 constitution, law, or agreement pursuant to which the funds have
7-12 been deposited in such account, to reimburse the regional planning
7-13 commission for necessary expenses incurred in performing its duties
7-14 under this subchapter.
7-15 Sec. 17.956. APPLICATIONS AND CONSIDERATIONS FOR RELOCATION
7-16 AND REIMBURSEMENT COSTS. (a) The board shall adopt rules which
7-17 identify the form and substance of an application for financial
7-18 assistance under Section 17.954.
7-19 (b) The board shall adopt rules which identify the form and
7-20 substance of an application for reimbursement of the necessary
7-21 expenses incurred by a regional planning commission created under
7-22 Chapter 391, Local Government Code, in performing its duties under
7-23 this subchapter.
7-24 Sec. 17.957. COORDINATION OF PRESENTATIONS TO BORDER
7-25 ENVIRONMENTAL COOPERATION COUNCIL. A regional planning commission
8-1 created under Chapter 391, Local Government Code, whose region
8-2 contains an area eligible for financial assistance under Subchapter
8-3 K of this chapter may coordinate and facilitate presentations to
8-4 the Border Environmental Cooperation Council that concern water
8-5 supply and wastewater issues in the area.
8-6 Sec. 17.958. APPLICABILITY. This subchapter does not apply
8-7 to a proposal to supply water or sewer services in a region for
8-8 which a regional planning commission was created under Chapter 391,
8-9 Local Government Code, if the planning commission's region includes
8-10 a county that:
8-11 (1) is located on an international border; and
8-12 (2) has a population of more than 575,000.
8-13 SECTION 4. This Act takes effect September 1, 1995.
8-14 SECTION 5. The importance of this legislation and the
8-15 crowded condition of the calendars in both houses create an
8-16 emergency and an imperative public necessity that the
8-17 constitutional rule requiring bills to be read on three several
8-18 days in each house be suspended, and this rule is hereby suspended.