BLS H.B. 1190 75(R)BILL ANALYSIS
NATURAL RESOURCES
H.B. 1190
By: Counts
2-26-97
Committee Report (Amended)
BACKGROUND
In 1991, the Texas Legislature passed the Texas Clean Rivers Act ("the
Act"), which requires that water quality assessments be conducted for each
river basin in Texas, integrating all water quality issues within a river
basin or watershed. The Texas Natural Resource Conservation Commission
("TNRCC") is directed to assess a fee on water use and wastewater
discharge permit holders to fund the program. The Act also directs TNRCC
to contract with river authorities to the greatest extent possible to
conduct the assessments. During the 74th Regular Session, the Act was
amended to limit administrative costs to 10% of the fees collected to
require a biennial accounting of costs recovered and to sunset funding for
the program on August 31, 1998.
In light of that pending date, a broad-based group of stakeholders was
formed to define problem areas in the program. Approximately 60 interest
groups representing cities, businesses, industries, agricultural
interests, the river authorities, environmental interests, affected state
agencies, a special district, and a council of government participated in
a series of meetings beginning in September 1995. This group, the Clean
Rivers Stakeholders Workgroup, and its Legislative and Funding Subgroups,
met throughout the Spring and Summer of 1996 to develop a revised Clean
Rivers Program that the members of the workgroup could support.
This bill represents the consensus recommendations of the stakeholders
workgroup on substantive revisions to the Act, including the continuation
of the funding mechanism at its present level. It also represents the
majority position of the stakeholders on revisions to 26.177 of the Texas
Water Code. The majority of stakeholders propose that 26.177, which
presently requires any city with a population of 5,000 or greater to have
a water pollution control and abatement program, be permissive for any
community, regardless of population, and required only for communities
with populations of 10,000 or greater where the Clean Rivers Regional
Assessment of Water Quality or other TNRCC assessments or studies
demonstrate a water pollution impact not associated with permitted
sources.
PURPOSE
To make substantive revisions to the Texas Clean Rivers Act, as amended,
and to Section 26.177 of the Texas Water Code in response to the
recommendations of the Clean Rivers Stakeholders Workgroup. Also, to
restore the funding mechanism for the Clean Rivers Program beyond August
31, 1998, in response to the recommendations of the stakeholders.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill expressly grants new
rulemaking authority to the TNRCC in Section 2 of the bill, amending
subsection (c) of Section 26.0136 of the Water Code. Additionally, in
Section 1 of the bill, subsections (c) and (h) of Section 25.0135 of the
Water Code are amended to expand the TNRCC's rulemaking authority.
Finally, also in Section 1 of the bill, the changes to subsection (d) of
Section 25.0135 of the Water Code reference existing rulemaking authority
of the TNRCC.
SECTION BY SECTION ANALYSIS
SECTION 1: Amends Section 26.0135 of the Texas Water Code as follows:
(a) Emphasizes a focus on the monitoring of watersheds. Provides that the
watershed monitoring and reporting duties under this section apply only
to a river authority that has entered into an agreement with the TNRCC to
perform those duties. Clarifies the goals of the monitoring program as
providing data to identify significant long-term water quality trends,
characterizing water quality conditions, supporting the permitting
process, and classifying unclassified waters. Provides that the TNRCC
shall consider available monitoring data and assessment results in
developing or reviewing wastewater permits or stream standards, and in
conducting water quality management activities. Monitoring is identified
as an activity that must be ongoing and periodically revised.
(b) Requires river authorities to include fee payers, the State Soil and
Water Conservation Board, and other persons in the basin-wide steering
committees. Provides that each steering committee shall develop
achievable water quality objectives and priorities to be used to develop
work plans and allocate available resources.
(c) Provides that the purpose of monitoring is to identify significant
water quality issues. Provides that each river authority shall submit
quality assured data to the TNRCC, which shall use the data to develop
the statewide water quality inventory and other assessment reports that
satisfy federal reporting requirements. Provides that the TNRCC shall
develop rules to: (1) develop a monitoring program that minimizes
duplication, facilitates the assessment process, and targets monitoring to
support the permitting and standards process; (2) establish a water
quality database composed of quality assured data from various sources,
and make the data available to interested persons; (3) identify water
quality problems and pollution sources and set priorities for taking
action regarding them; (4) develop a process for public participation
that includes the basin steering committee and public review and input,
and provides for meaningful review and comments by private citizens and
organizations in the local watersheds; and (5) recommend water quality
strategies for correcting identified water quality problems and pollution
sources.
(d) Outlines in detail the contents of the summary report on water
quality conditions that each river authority must prepare, and provides a
revised submission deadline. Requires the report to be available to the
public and to include a summary of comments received on the report.
(e) Deletes reference to Section 26.177 of the Texas Water Code.
(f) No change.
(g) No change.
(h) Removes sunset date for funding mechanism. Amends existing TNRCC
rulemaking authority by providing that the TNRCC's rules shall ensure that
program funds are equitably apportioned among basins. Provides that
costs recovered by the TNRCC may only be used to accomplish the purposes
of this section. Provides that the river authorities shall assist the
TNRCC with its costs-accounting report.
(i) Defines "quality assured data."
SECTION 2: Amends Section 26.0136 of the Texas Water Code to require that
water quality management functions be oriented on a watershed basis which
considers the priorities identified by the river authorities and basin
steering committees and to require the TNRCC to develop rules to maximize
the use of state and federal funding and grant programs for water quality
purposes.
SECTION 3: Amends Section 26.023 of the Texas Water Code to require the
TNRCC to consider all quality assured data collected under 26.0135 in
the development of water quality standards.
SECTION 4: Amends Section 26.0285 of the Texas Water Code to require that
basin-wide monitoring plans include targeted monitoring to assist the
permitting process.
SECTION 5: Amends Section 26.177 of the Texas Water Code to allow the
TNRCC to make the establishment of a water pollution control and abatement
program mandatory only for cities with a population greater than 10,000
where pollution impacts have been identified through the Clean Rivers
Program assessments or other TNRCC assessments or studies. Also, amends
26.177 to make the TNRCC's administrative cost recovery under that
section permissive, rather than mandatory.
SECTION 6: Effective date: September 1, 1997.
SECTION 7: Emergency clause.
EXPLANATION OF AMENDMENTS
Committee Amendment #1: In Section 1 of the bill, proposed subsection
(c)(2) of Section 26.0135 of the Water Code, clarifies that a wastewater
discharge permit holder, rather than a permit holder of any type, is
subject the provisions related to providing quality assured data for the
establishment of a water quality database.
Committee Amendment #2: In Section 2 of the bill, proposed subsection (c)
of Section 26.0136 of the Water Code, clarifies that it is only funding
and grant programs related to the TNRCC's water quality programs that are
subject to the provisions of the subsection.