By: Sims S.B. No. 1113
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the limitation and termination of annual cost recovery
1-2 fees for regional water quality assessments.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 26.0135 of the Water Code is amended to
1-5 read as follows:
1-6 Sec. 26.0135. Regional Assessment of Water Quality by
1-7 Watershed/River Basin. (a) The commission shall ensure the
1-8 comprehensive regional assessment of water quality in each
1-9 watershed and river basin of the state. In order to conserve
1-10 public funds and avoid duplication of effort, river authorities
1-11 shall, to the greatest extent possible and under the supervision of
1-12 the commission, conduct regional assessments of their own
1-13 watersheds. Regional assessments involving agricultural or
1-14 silvicultural nonpoint source pollution shall be coordinated
1-15 through the State Soil and Water Conservation Board with local soil
1-16 and water conservation districts. The commission, either directly
1-17 or through cooperative agreements and contracts with local
1-18 governments, shall conduct regional assessments of watersheds where
1-19 a river authority is unable to perform an adequate assessment of
1-20 its own watershed. The assessment must include a review of
1-21 wastewater discharges, nonpoint source pollution, nutrient loading,
1-22 toxic materials, biological health of aquatic life, public
1-23 education and involvement in water quality issues, local and
2-1 regional pollution prevention efforts, and other factors that
2-2 affect water quality within the watershed. The assessment shall
2-3 also review any significant regulatory or enforcement issues
2-4 affecting the watershed. The assessment required by this section
2-5 is a continuing duty, and the assessment shall be revised as
2-6 necessary to show changes in the factors subject to assessment.
2-7 (b) In order to assist in the coordination and development
2-8 of assessments and reports required by this section, a river
2-9 authority shall organize and lead a basin-wide steering committee
2-10 that includes representatives from all appropriate state agencies,
2-11 the State Soil and Water Conservation Board, political
2-12 subdivisions, and other governmental bodies with an interest in
2-13 water quality matters of the watershed or river basin. Each
2-14 committee member shall help identify significant water quality
2-15 issues within the basin and shall make available to the river
2-16 authority all relevant water quality data held by the represented
2-17 entities. A river authority shall also develop a public input
2-18 process that provides for meaningful comments and review by private
2-19 citizens and organizations on each regional assessment and report.
2-20 (c) The purpose of the assessment required by this section
2-21 is not to mandate exhaustive and detailed water quality studies,
2-22 but rather to identify significant issues affecting water quality
2-23 within each watershed and river basin of the state and to provide
2-24 sufficient information for the commission, the State Soil and Water
2-25 Conservation Board, river authorities, and other governmental
3-1 bodies to take appropriate corrective action necessary to maintain
3-2 and improve the quality of the state's water resources. The
3-3 commission shall establish by rule the level of detail required for
3-4 each watershed and river basin assessment.
3-5 (d) On or before October 1 of each even-numbered year, each
3-6 river authority shall report in writing to the governor,
3-7 commission, State Soil and Water Conservation Board, and Parks and
3-8 Wildlife Department on the water quality assessment of the
3-9 authority's watershed, including an identification of any
3-10 significant regulatory or enforcement issues, and on any actions
3-11 taken by the authority and other local governments to improve water
3-12 quality within the authority's watershed. The assessment report
3-13 must identify each legal, administrative, economic, or other
3-14 impediment to further water quality efforts by the authority and
3-15 local governments. The commission shall then prepare a report that
3-16 summarizes each river authority's assessment report, describes the
3-17 commission's regional water quality assessment efforts, and lists
3-18 the commission's past and proposed actions for improving water
3-19 quality within the watersheds subject to such assessments. The
3-20 commission shall submit its report, along with the commission's
3-21 comments and recommendations on regional water quality management,
3-22 to the governor, the lieutenant governor, and the speaker of the
3-23 house of representatives on or before December 1 of each
3-24 even-numbered year.
3-25 (e) Each local government within the watershed of a river
4-1 authority shall cooperate in making the assessment under Subsection
4-2 (a) of this section and in preparing the report by providing to the
4-3 river authority all information available to the local government
4-4 about water quality within the jurisdiction of the local
4-5 government, including the extraterritorial jurisdiction of a
4-6 municipality. Nothing in this section shall be construed to limit
4-7 or increase the authority or obligations of a municipality in
4-8 regard to water pollution control and abatement programs described
4-9 by Section 26.177 of this code.
4-10 (f) If more than one river authority is located in a
4-11 watershed, all river authorities within the watershed shall
4-12 cooperate in making the assessments and preparing the reports.
4-13 (g) For purposes of this section, solid waste and solid
4-14 waste management shall have the same meaning as in Chapter 361,
4-15 Health and Safety Code. Each river authority and local government
4-16 is authorized and encouraged, but not required, to manage solid
4-17 waste and to facilitate and promote programs for the collection and
4-18 disposal of household consumer and agricultural products which
4-19 contain hazardous constituents or hazardous substances and which,
4-20 when disposed of improperly, represent a threat of contamination to
4-21 the water resources of the state. Such programs may include the
4-22 establishment of a permanent collection site, mobile collection
4-23 sites, periodic collection events, or other methods which a river
4-24 authority or local government may deem effective.
4-25 <(h) The Texas Water Commission shall apportion, assess, and
5-1 recover the reasonable costs of administering water quality
5-2 management programs under this section from users of water and
5-3 wastewater permit holders in the watershed according to the records
5-4 of the commission generally in proportion to their right, through
5-5 permit or contract, to use water from and discharge wastewater in
5-6 the watershed. The cost to river authorities and others to conduct
5-7 regional water quality assessment shall be subject to prior review
5-8 and approval by the commission as to methods of allocation and
5-9 total amount to be recovered. The commission shall adopt rules to
5-10 supervise and implement the water quality assessment and associated
5-11 costs. The rules shall ensure that water users and wastewater
5-12 dischargers do not pay excessive amounts, that a river authority
5-13 may recover no more than the actual costs of administering the
5-14 water quality management programs called for in this section, and
5-15 that no municipality shall be assessed cost for any efforts that
5-16 duplicate water quality management activities described in Section
5-17 26.177 of this chapter. The rules concerning the apportionment and
5-18 assessment of reasonable costs shall provide for a recovery of not
5-19 more than $5,000,000 annually for fiscal years 1994 and 1995.>
5-20 (h) The commission shall apportion, assess, and recover the
5-21 reasonable costs of administering the water quality management
5-22 programs under this section through fiscal year 1998 from users of
5-23 water and wastewater permit holders in the watershed according to
5-24 the records of the commission generally in proportion to their
5-25 right, through permit or contract, to use water from and discharge
6-1 wastewater in the watershed. The cost to river authorities and
6-2 others to conduct regional water quality assessment shall be
6-3 subject to prior review and approval by the commission as to
6-4 methods of allocation and total amount to be recovered. The
6-5 commission shall adopt rules to supervise and implement the water
6-6 quality assessment and associated costs. The rules shall ensure
6-7 that water users and wastewater dischargers do not pay excessive
6-8 amounts, that a river authority may recover no more than the actual
6-9 costs of administering the water quality management programs called
6-10 for in this section, and that no municipality shall be assessed
6-11 cost for any efforts that duplicate water quality management
6-12 activities described in Section 26.177 of this chapter. The rules
6-13 concerning the apportionment and assessment of reasonable costs
6-14 shall provide for a recovery of not more than $5,000,000 annually
6-15 through fiscal year 1998 <for fiscal years 1994 and 1995>. Costs
6-16 recovered by the commission are to be deposited to the water
6-17 quality fund. The Commission may apply not more than ten percent
6-18 of the costs recovered annually toward the Commission's overhead
6-19 costs for <and are appropriated to the commission for the>
6-20 administration of this section and the implementation of regional
6-21 water quality assessments. The Commission shall file a final
6-22 written report accounting for the costs recovered under this
6-23 section with the governor, the lieutenant governor, and the speaker
6-24 of the house of representatives on or before December 31, 1998.
6-25 This subsection shall be effective until January 1, 1999.
7-1 (i) In this section, "river authority" means:
7-2 (1) a river authority as defined by Section 30.003 of
7-3 this code that includes 10 or more counties; and
7-4 (2) any other river authority or special district
7-5 created under Article III, Section 52, Subsection (b)(1) or (2), or
7-6 Article XVI, Section 59, of the Texas Constitution that is
7-7 designated by rule of the commission to comply with this section.
7-8 SECTION 2. The importance of this legislation and the
7-9 crowded condition of the calendars in both houses create an
7-10 emergency and an imperative public necessity that the
7-11 constitutional rule requiring bills to be read on three several
7-12 days in each house be suspended, and this rule is hereby suspended.