JBM C.S.H.B. 3059 75(R) BILL ANALYSIS NATURAL RESOURCES C.S.H.B. 3059 By: King 4-25-97 Committee Report (Substituted) BACKGROUND During the 74th Legislative Session, the Honorable James E. "Pete" Laney, Speaker of the Texas House of Representatives, charged the House Committee on Natural Resources to conduct an interim study to review the on-site wastewater treatment program, identify measures to decentralize state authority, and increase local government participation. The House Committee on Natural Resources was further charged to report findings and recommendations from this study to the 75th Texas Legislature. PURPOSE To address findings and recommendations from the House Committee on Natural Resources report to the 75th Legislature regarding the interim study of the on-site wastewater program in Texas. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 366.002(5) and (7), Health and Safety Code, by adding "public health districts" to the definition of "local governmental entity," and amending the definition of "on-site sewage disposal system" to include cluster systems. SECTION 2. Amends Subchapter A, Chapter 366, Health and Safety Code, by adding Section 366.005 to provide as follows: (a) Provides that an electric utility shall compile a list of addresses each week of new service connections made in unincorporated areas of a county during the preceding week. The utility shall submit this list to the county judge who shall forward it to each local authorized agent who has jurisdiction over an area in which an address on the list is included. The authorized agent may use the list for the purpose of implementing and enforcing rules under this chapter. This section does not apply to reconnection of service to a location previously served. (b) Provides that a utility may not be held liable for providing the list of addresses of new service connections. (c) Provides that information provided by a utility is confidential and not subject to disclosure under Chapter 552, Government Code. (d) Defines "electric utility". SECTION 3. Amends Section 366.017(a), Health and Safety Code, by shortening the time in which a property owner may be required by the commission or authorized agent to repair a malfunctioning on-site sewage disposal system depending on the number of times the property owner has been notified of the malfunctioning system in the preceding twelve months. SECTION 4. Amends Subchapter D, Chapter 366, Health and Safety Code, by adding Section 366.0515. MAINTENANCE CONTRACT AND PERFORMANCE BOND. (a) Provides that an authorized agent or the commission may not condition a permit or the approval of a permit for an on-site sewage disposal system for a single-family residence that is located on a tract of land of more than one-half acre in a county with a population of fewer than 100,000 on the system's owner contracting for the maintenance of the system. (b) Provides that, except as provided by Subsection (a), an authorized agent or the commission may deny a permit for an on-site sewage disposal system unless the owner of the system submits a signed contract for the maintenance of the system to the permitting authority. Furthermore, if the system is in a county with a population of more than 2.8 million, a performance bond must be obtained from the person with whom the owner of the on-site sewage disposal system has contracted for maintenance of the system to be approved for a permit (except as provided by Subsection (a). (c) Provides conditions of the performance bond required by Subsection (b). (d) Provides that if the owner of an on-site sewage disposal system enters into a new contract or revises the original maintenance contract, the owner must submit a copy of the new or revised contract and a new performance bond to the permitting authority not later than 30 days after the expiration or the modification of the original contract. (e) Provides that the permitting authority may establish and collect a reasonable fee to cover the cost of administering the performance bond program. SECTION 5. Amends Section 366.092 (a), Health and Safety Code, to include an authorized local agent as an entity that may bring a civil suit against a person for violating provisions of this chapter. SECTION 6. Amends Section 366.0922, Health and Safety Code, by striking language which designates the commission with the sole authority to initiate enforcement actions under Sections 366.092, 366.0921, and 366.0924. New language is added which authorizes local governments to request the commission to initiate enforcement actions under this chapter. SECTION 7. Amends Section 366.0923, Health and Safety Code, by including an authorized agent as an entity which may recover reasonable attorney's fees, court costs, and reasonable investigative costs for costs incurred in relation to the proceedings of a suit under this subchapter. SECTION 8. Subsection (a) provides the effective date of this Act: September 1, 1997. Subsection (b) provides that the requirement of obtaining a performance bond established in Section 4 of this bill, Section 366.0515, Health and Safety Code, applies only to an application for a permit for an on-site sewage disposal system that is filed on or after September 1, 1997 with the Texas Natural Resource Conservation Commission (TNRCC) or an authorized agent under Section 366.031, Health and Safety Code. SECTION 9. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 2. In the original, Section 2 amended Subchapter B, Chapter 366, Health and Safety Code, by adding Section 366.018. This section created the commission occupational licensing account as a dedicated account in the general revenue fund. Also, Section 2 of the original created the water resource management account as a dedicated account in the general revenue fund. Further, this Section required the commission to deposit a fee collected by the commission under this subchapter or Subchapter E and Subchapter D to the credit of these two newly created accounts. Finally, Section 2 of the original stated that money from these two accounts could only be used by the commission to administer this chapter or rules adopted under this chapter. Section 2 of the original is deleted in the substitute and replaced with the following Section 2. Section 2 of the substitute now amends Subchapter A, Chapter 366, Health and Safety Code, by adding Section 366.005. In Section 366.005, Subsection (a) provides that an electric utility shall compile a list of addresses each week of new service connections made in unincorporated areas of a county during the preceding week. The utility will submit this list to the county judge who will forward it to the local authorized agent who has jurisdiction over an area in which an address on the list is included. The authorized agent may use the list for the purpose of implementing and enforcing rules under this chapter. This section does not apply to reconnection of service to a location previously served. Subsection (b) provides that a utility may not be held liable for providing the list of addresses of new service connections. Subsection (c) provides that information provided by a utility is confidential and not subject to disclosure under Chapter 552, Government Code. Subsection (d) defines "electric utility". SECTION 3. Section 3 of the original is now Section 5 of the substitute. The new Section 3 in the substitute amends Section 366.017(a) Health and Safety Code, by allowing the commission or authorized agent to require a property owner to repair a malfunctioning on-site sewage disposal system, upon a second notification in a 12-month period, to repair the system no later than 20 days after notification. Furthermore, after a property owner receives a third violation in a 12-month period, the commission may require repair 10 days after the owner receives notice. SECTION 4. Section 4 of the original is now Section 6 of the substitute. The new Section 4 in the substitute amends Subchapter D, Chapter 366, Health and Safety Code, by adding Section 366.0515. Section 366.0515, Subsection (a) provides that an authorized agent or the commission may not condition a permit or the approval of a permit for an on-site sewage disposal system for a single-family residence that is located on a tract of land of more than one-half acre in a county with a population of fewer than 100,000 on the system's owner contracting for the maintenance of the system. Subsection (b) provides that, except as provided by Subsection (a), an authorized agent or the commission may deny a permit for an on-site sewage disposal system unless the owner of the system submits a signed contract for the maintenance of the system to the permitting authority. Furthermore, if the system is in a county with a population of more than 2.8 million, a performance bond must be obtained from the person with whom the owner of the on-site sewage disposal system has contracted for maintenance of the system to be approved for a permit. Except as provided by Subsection (a). Subsection (c) provides conditions of the performance bond required by Subsection (b). Subsection (d) provides that if the owner of an on-site sewage disposal system enters into a new contract or revises the original maintenance contract, the owner must submit a copy of the new or revised contract and a new performance bond to the permitting authority not later than 30 days after the expiration or the modification of the original contract. Subsection (e) provides that the permitting authority may establish and collect a reasonable fee to cover the cost of administering the performance bond program. SECTION 5. This is Section 3 of the original. SECTION 6. This is Section 4 of the original. SECTION 7. This is Section 5 of the original. SECTION 8. The substitute adds a provision relating to the effective date and the requirements for submitting a performance bond to the TNRCC or authorized agent for permitting of on-site sewage disposal systems.