1-1 By: Truan, et al. S.B. No. 953
1-2 (In the Senate - Filed March 7, 1995; March 7, 1995, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 18, 1955, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0; April 18, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 953 By: Truan
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to regional planning of water supply or sewer services for
1-11 an area eligible for economically distressed area program financial
1-12 assistance.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 13.244, Water Code, is amended by adding
1-15 Subsection (d) to read as follows:
1-16 (d) Each applicant for a certificate for an area eligible
1-17 for financial assistance under Subchapter K, Chapter 17, shall file
1-18 with the commission evidence that the applicant's proposed water
1-19 supply or sewer services have been certified as consistent with
1-20 regional water supply and sewer service planning under Section
1-21 17.952. This subsection does not apply to an applicant for a
1-22 certificate for an area located in a region described by Section
1-23 17.958.
1-24 SECTION 2. Section 13.246, Water Code, is amended by adding
1-25 Subsections (d) and (e) to read as follows:
1-26 (d) The commission shall deny an application for a
1-27 certificate to serve an area eligible for financial assistance
1-28 under Subchapter K, Chapter 17, unless the application is certified
1-29 to be consistent with regional water supply and sewer service
1-30 planning under Section 17.952. This subsection does not apply to
1-31 an applicant for a certificate for an area located in a region
1-32 described by Section 17.958.
1-33 (e) The commission shall deny an application for a
1-34 certificate to serve an area eligible for financial assistance
1-35 under Subchapter K, Chapter 17, if the area is included in a
1-36 certificate held by a retail public utility that is indebted to the
1-37 United States government under a program administered under 7
1-38 U.S.C. Section 1926.
1-39 SECTION 3. Chapter 17, Water Code, is amended by adding
1-40 Subchapter L to read as follows:
1-41 SUBCHAPTER L. REGIONAL PLANNING OF WATER AND SEWER SERVICES
1-42 Sec. 17.951. DEFINITION. In this subchapter, "hazardous
1-43 flood zone" means an area identified as within the 100-year
1-44 floodplain by the Federal Emergency Management Agency pursuant to
1-45 the National Flood Insurance Act of 1968, as amended (42 U.S.C.
1-46 Sections 4001 through 4127).
1-47 Sec. 17.952. WATER SUPPLY AND SEWER SERVICE CERTIFICATION.
1-48 (a) A person who proposes to supply water or sewer services within
1-49 an economically distressed area eligible for financial assistance
1-50 under Subchapter K shall apply to the regional planning commission
1-51 created for the area under Chapter 391, Local Government Code, for
1-52 certification that the proposed water supply or sewer services do
1-53 not conflict with any regional water supply or sewer service plan
1-54 or policy.
1-55 (b) Not later than 10 days after the date that the
1-56 application is made, the applicant shall publish public notice of
1-57 its application in a newspaper of general circulation in the
1-58 economically distressed area and, by mail, shall notify of its
1-59 application any potentially involved county, municipality, or
1-60 provider of water supply or sewer services identified by the
1-61 regional planning commission. The notice shall request that
1-62 objections to the application be delivered to the regional planning
1-63 commission within 30 days after the date of the notice.
1-64 (c) If the regional planning commission does not receive an
1-65 objection to the proposed water supply or sewer services before the
1-66 31st day after the date the notice is published and mailed, the
1-67 regional planning commission may certify that the services are
1-68 consistent with regional water supply and sewer service planning
2-1 without a hearing.
2-2 (d) If the regional planning commission receives an
2-3 objection to the proposed water supply or sewer services before the
2-4 31st day after the date that notice is given, the regional planning
2-5 commission shall set a public hearing on the application. The
2-6 regional planning commission shall provide notice of the hearing to
2-7 all interested parties and shall publish public notice in a
2-8 newspaper of general circulation in the economically distressed
2-9 area not later than the 14th day before the date of the hearing.
2-10 (e) The regional planning commission may combine hearings on
2-11 competing proposals for water supply or sewer services after notice
2-12 is given as provided by Subsections (b) and (d).
2-13 (f) The regional planning commission may consider written
2-14 testimony concerning an objection to the proposed services. The
2-15 regional planning commission shall make written testimony available
2-16 for public examination.
2-17 (g) The regional planning commission may call a recess on
2-18 the motion of an interested party or on its own motion to allow
2-19 parties to negotiate a settlement of any issue in dispute. The
2-20 regional planning commission may provide mediation services to
2-21 negotiating parties.
2-22 (h) In determining whether the proposed water supply or
2-23 sewer services are consistent with regional planning for the
2-24 services, the regional planning commission shall consider:
2-25 (1) whether the proposed services best meet the needs
2-26 of the economically distressed area;
2-27 (2) any alternative proposals for water supply or
2-28 sewer services;
2-29 (3) the criteria for obtaining a certificate of
2-30 convenience and necessity under Sections 13.246(b) and (c);
2-31 (4) the factors for approval of financial assistance
2-32 provided by Section 17.929 or under a federal financial assistance
2-33 program, to the degree applicable;
2-34 (5) whether the proposed services comply with minimum
2-35 state standards for water supply and sewer services adopted under
2-36 Section 16.342 and the model rules prepared under Section 16.343;
2-37 (6) whether the proposed services would interfere with
2-38 other service providers;
2-39 (7) whether the area to be served or any proposed
2-40 service facility is in a flood zone; and
2-41 (8) other factors the commission determines are
2-42 applicable.
2-43 (i) The regional planning commission shall certify as
2-44 consistent with regional planning for water supply or sewer
2-45 services an applicant's proposed water supply or sewer service plan
2-46 if the proposed plan was in existence before September 1, 1995, and
2-47 any portion of the plan was financed, constructed, or providing
2-48 services before September 1, 1995.
2-49 (j) The commission and the board shall assist the regional
2-50 planning commission in conducting the hearing, evaluating proposals
2-51 and testimony, and coordinating any negotiation by or mediation
2-52 between the parties.
2-53 (k) This section does not apply to water supply or sewer
2-54 services proposed for an area not served by a regional planning
2-55 commission created under Chapter 391, Local Government Code.
2-56 Sec. 17.953. COORDINATION OF REGIONAL WATER SUPPLY AND SEWER
2-57 SERVICES IN CERTAIN AREAS. (a) A regional planning commission
2-58 created under Chapter 391, Local Government Code, whose region
2-59 contains an area eligible for financial assistance under Subchapter
2-60 K of this chapter shall coordinate water supply and sewer service
2-61 planning in the eligible area.
2-62 (b) The regional planning commission shall assess and foster
2-63 opportunities to address inadequate water supply or sewer services
2-64 in the eligible area:
2-65 (1) by cooperation of political subdivisions and other
2-66 entities able to provide the services;
2-67 (2) with a single, regionwide, water and sewer
2-68 development policy; and
2-69 (3) through peer review to enhance the efficiency and
2-70 quality of proposals for water supply or sewer service projects.
3-1 (c) The regional planning commission shall assist and advise
3-2 a political subdivision who applies for financial assistance to
3-3 construct a water supply or sewer service project in the eligible
3-4 area.
3-5 (d) The commission and the board shall assist the regional
3-6 planning commission in performing its duties under this subchapter
3-7 by training regional planning commission staff and advising the
3-8 regional planning commission on substantive and procedural issues
3-9 relating to water and sewer service development.
3-10 Sec. 17.954. RELOCATION FINANCING. (a) The board may use
3-11 the funds in the economically distressed areas account, which are
3-12 not restricted in use under the constitution, law, or agreement
3-13 pursuant to which the funds have been deposited in such account, to
3-14 provide financial assistance to a regional planning commission
3-15 created under Chapter 391, Local Government Code, that undertakes
3-16 to relocate individuals who are living in a hazardous flood zone
3-17 within an economically distressed area, as defined by Section
3-18 17.921 of this code.
3-19 (b) Money from the account, which is not restricted in use
3-20 under the constitution, law, or agreement pursuant to which the
3-21 funds have been deposited in such account, may be used to purchase
3-22 property in a hazardous flood zone and for expenses related to
3-23 relocation of individuals living in the flood zone.
3-24 Sec. 17.955. REIMBURSEMENT FOR REGIONAL PLANNING EXPENSES.
3-25 On application of a regional planning commission created under
3-26 Chapter 391, Local Government Code, whose region contains an area
3-27 eligible for financial assistance under Subchapter K of this
3-28 chapter, the board shall use money in the economically distressed
3-29 areas account, which is not restricted in use under the
3-30 constitution, law, or agreement pursuant to which the funds have
3-31 been deposited in such account, to reimburse the regional planning
3-32 commission for necessary expenses incurred in performing its duties
3-33 under this subchapter.
3-34 Sec. 17.956. APPLICATIONS AND CONSIDERATIONS FOR RELOCATION
3-35 AND REIMBURSEMENT COSTS. (a) The board shall adopt rules which
3-36 identify the form and substance of an application for financial
3-37 assistance under Section 17.954.
3-38 (b) The board shall adopt rules which identify the form and
3-39 substance of an application for reimbursement of the necessary
3-40 expenses incurred by a regional planning commission created under
3-41 Chapter 391, Local Government Code, in performing its duties under
3-42 this subchapter.
3-43 Sec. 17.957. COORDINATION OF PRESENTATIONS TO BORDER
3-44 ENVIRONMENTAL COOPERATION COUNCIL. A regional planning commission
3-45 created under Chapter 391, Local Government Code, whose region
3-46 contains an area eligible for financial assistance under Subchapter
3-47 K of this chapter may coordinate and facilitate presentations to
3-48 the Border Environmental Cooperation Council that concern water
3-49 supply and wastewater issues in the area.
3-50 Sec. 17.958. APPLICABILITY. This subchapter does not apply
3-51 to a proposal to supply water or sewer services in a region for
3-52 which a regional planning commission was created under Chapter 391,
3-53 Local Government Code, if the planning commission's region includes
3-54 a county that:
3-55 (1) is located on an international border; and
3-56 (2) has a population of more than 575,000.
3-57 SECTION 4. This Act takes effect September 1, 1995.
3-58 SECTION 5. The importance of this legislation and the
3-59 crowded condition of the calendars in both houses create an
3-60 emergency and an imperative public necessity that the
3-61 constitutional rule requiring bills to be read on three several
3-62 days in each house be suspended, and this rule is hereby suspended.
3-63 * * * * *