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