1-1 By: Counts, et al. (Senate Sponsor - Armbrister) H.B. No. 1190
1-2 (In the Senate - Received from the House March 20, 1997;
1-3 March 24, 1997, read first time and referred to Committee on
1-4 Natural Resources; April 18, 1997, reported favorably, as amended,
1-5 by the following vote: Yeas 9, Nays 0; April 18, 1997, sent to
1-6 printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Barrientos
1-8 Amend H.B. 1190 as follows:
1-9 In Section 1, to Section 26.0135, Water Code, add new
1-10 Subsection (j) to read as follows:
1-11 (j) In recovering the costs of water quality management
1-12 programs under this section from wastewater permit holders, the
1-13 commission may consolidate any fee assessed against a wastewater
1-14 permit holder under Subsection (h) of this section with the
1-15 assessment of a wastewater inspection fee authorized under Section
1-16 26.0291 of this chapter. In consolidating these assessments the
1-17 commission may not recover any amount for the purposes of this
1-18 section in excess of the amounts authorized under Subsection (h).
1-19 The commission shall also ensure that any revenues collected from
1-20 wastewater permit holders under this section are allocated to meet
1-21 the purposes of this section.
1-22 A BILL TO BE ENTITLED
1-23 AN ACT
1-24 relating to monitoring of water quality in watersheds and river
1-25 basins.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Section 26.0135, Water Code, is amended to read
1-28 as follows:
1-29 Sec. 26.0135. WATERSHED MONITORING AND [REGIONAL] ASSESSMENT
1-30 OF WATER QUALITY [BY WATERSHED/RIVER BASIN]. (a) To ensure clean
1-31 water, the [The] commission shall establish [ensure] the strategic
1-32 and comprehensive monitoring of water quality and the periodic
1-33 [regional] assessment of water quality in each watershed and river
1-34 basin of the state. In order to conserve public funds and avoid
1-35 duplication of effort, subject to adequate funding under Subsection
1-36 (h), river authorities shall, to the greatest extent possible and
1-37 under the supervision of the commission, conduct water quality
1-38 monitoring and [regional] assessments in [of] their own
1-39 watersheds. Watershed monitoring and [Regional] assessments
1-40 involving agricultural or silvicultural nonpoint source pollution
1-41 shall be coordinated through the State Soil and Water Conservation
1-42 Board with local soil and water conservation districts. The water
1-43 quality monitoring and reporting duties under this section apply
1-44 only to a river authority that has entered into an agreement with
1-45 the commission to perform those duties. The commission, either
1-46 directly or through cooperative agreements and contracts with local
1-47 governments, shall conduct monitoring and [regional] assessments of
1-48 watersheds where a river authority is unable to perform an
1-49 adequate assessment of its own watershed. The monitoring program
1-50 shall provide data to identify significant long-term water quality
1-51 trends, characterize water quality conditions, support the
1-52 permitting process, and classify unclassified waters. The
1-53 commission shall consider available monitoring data and assessment
1-54 results in developing or reviewing wastewater permits and stream
1-55 standards and in conducting other water quality management
1-56 activities. The assessment must include a review of wastewater
1-57 discharges, nonpoint source pollution, nutrient loading, toxic
1-58 materials, biological health of aquatic life, public education and
1-59 involvement in water quality issues, local and regional pollution
1-60 prevention efforts, and other factors that affect water quality
1-61 within the watershed. [The assessment shall also review any
1-62 significant regulatory or enforcement issues affecting the
1-63 watershed.] The monitoring and assessment required by this section
1-64 is a continuing duty, and the monitoring and assessment shall be
2-1 periodically revised [as necessary] to show changes in the factors
2-2 subject to assessment.
2-3 (b) In order to assist in the coordination and development
2-4 of assessments and reports required by this section, a river
2-5 authority shall organize and lead a basin-wide steering committee
2-6 that includes persons paying fees under Subsection (h), private
2-7 citizens, the State Soil and Water Conservation Board,
2-8 representatives from other [all] appropriate state agencies, [the
2-9 State Soil and Water Conservation Board,] political subdivisions,
2-10 and other persons [governmental bodies] with an interest in water
2-11 quality matters of the watershed or river basin. Based on
2-12 committee and public input, each steering committee shall develop
2-13 water quality objectives and priorities that are achievable
2-14 considering the available technology and economic impact. The
2-15 objectives and priorities shall be used to develop work plans and
2-16 allocate available resources under Subsection (h). Each committee
2-17 member shall help identify significant water quality issues within
2-18 the basin and shall make available to the river authority all
2-19 relevant water quality data held by the represented entities. A
2-20 river authority shall also develop a public input process that
2-21 provides for meaningful comments and review by private citizens and
2-22 organizations on each basin summary [regional assessment and]
2-23 report. A steering committee established by the commission to
2-24 comply with this subsection in the absence of a river authority or
2-25 other qualified local government is not subject to Article 6252-33,
2-26 Revised Statutes.
2-27 (c) The purpose of the monitoring and assessment required by
2-28 this section is [not to mandate exhaustive and detailed water
2-29 quality studies, but rather] to identify significant issues
2-30 affecting water quality within each watershed and river basin of
2-31 the state. Each river authority shall submit quality assured data
2-32 collected in the river basin to the commission. The commission
2-33 shall use the data to develop the statewide water quality inventory
2-34 and other assessment reports that satisfy federal reporting
2-35 requirements. The data and reports shall also be used [and] to
2-36 provide sufficient information for the commission, the State Soil
2-37 and Water Conservation Board, river authorities, and other
2-38 governmental bodies to take appropriate [corrective] action
2-39 necessary to maintain and improve the quality of the state's water
2-40 resources. The commission shall adopt rules that at a minimum
2-41 require each river authority to:
2-42 (1) develop and maintain a basin-wide water quality
2-43 monitoring program that minimizes duplicative monitoring,
2-44 facilitates the assessment process, and targets monitoring to
2-45 support the permitting and standards process;
2-46 (2) establish a watershed and river basin water
2-47 quality database composed of quality assured data from river
2-48 authorities, wastewater discharge permit holders, state and federal
2-49 agencies, and other relevant sources and make the data available to
2-50 any interested person;
2-51 (3) identify water quality problems and known
2-52 pollution sources and set priorities for taking appropriate action
2-53 regarding those problems and sources;
2-54 (4) develop a process for public participation that
2-55 includes the basin steering committee and public review and input
2-56 and that provides for meaningful review and comments by private
2-57 citizens and organizations in the local watersheds; and
2-58 (5) recommend water quality management strategies for
2-59 correcting identified water quality problems and pollution sources
2-60 [establish by rule the level of detail required for each watershed
2-61 and river basin assessment].
2-62 (d) In the appropriate year of the cycle provided by
2-63 commission rules adopted to implement Section 26.0285 [On or before
2-64 October 1 of each even-numbered year], each river authority shall
2-65 submit a written summary report [in writing] to the [governor,]
2-66 commission, State Soil and Water Conservation Board, and Parks and
2-67 Wildlife Department on the water quality assessment of the
2-68 authority's watershed. The summary report must identify concerns
2-69 relating to the watershed or bodies of water, including an
3-1 identification of bodies of water with impaired or potentially
3-2 impaired uses, the cause and possible source of use impairment, and
3-3 recommended actions the commission may take to address those
3-4 concerns. The summary report must discuss the public benefits from
3-5 the water quality monitoring and assessment program, including
3-6 efforts to increase public input in activities related to water
3-7 quality and the effectiveness of targeted monitoring in assisting
3-8 the permitting process. A river authority shall submit a summary
3-9 report after the report has been approved by the basin steering
3-10 committee and coordinated with the public and the commission. A
3-11 river authority shall hold basin steering committee meetings and
3-12 shall invite users of water and wastewater permit holders in the
3-13 watershed who pay fees under Subsection (h) to review the draft of
3-14 the work plans and summary report. A river authority shall inform
3-15 those parties of the availability and location of the summary
3-16 report for inspection and shall solicit input from those parties
3-17 concerning their satisfaction with or suggestions for modification
3-18 of the summary report for the watershed, the operation or
3-19 effectiveness of the watershed monitoring and assessment program
3-20 authorized by this section, and the adequacy, use, or equitable
3-21 apportionment of the program's costs and funds. A river authority
3-22 shall summarize all comments received from persons who pay fees
3-23 under Subsection (h) and from steering committee members and shall
3-24 submit the report and the summaries [any significant regulatory or
3-25 enforcement issues, and on any actions taken by the authority and
3-26 other local governments to improve water quality within the
3-27 authority's watershed. The assessment report must identify each
3-28 legal, administrative, economic, or other impediment to further
3-29 water quality efforts by the authority and local governments. The
3-30 commission shall then prepare a report that summarizes each river
3-31 authority's assessment report, describes the commission's regional
3-32 water quality assessment efforts, and lists the commission's past
3-33 and proposed actions for improving water quality within the
3-34 watersheds subject to such assessments. The commission shall
3-35 submit its report, along with the commission's comments and
3-36 recommendations on regional water quality management,] to the
3-37 governor, the lieutenant governor, and the speaker of the house of
3-38 representatives not later than the 90th day after the date the
3-39 river authority submits the summary report to the commission and
3-40 other agencies [on or before December 1 of each even-numbered
3-41 year].
3-42 (e) Each local government within the watershed of a river
3-43 authority shall cooperate in making the assessment under Subsection
3-44 (a) of this section and in preparing the report by providing to the
3-45 river authority all information available to the local government
3-46 about water quality within the jurisdiction of the local
3-47 government, including the extraterritorial jurisdiction of a
3-48 municipality. [Nothing in this section shall be construed to limit
3-49 or increase the authority or obligations of a municipality in
3-50 regard to water pollution control and abatement programs described
3-51 by Section 26.177 of this code.]
3-52 (f) If more than one river authority is located in a
3-53 watershed, all river authorities within the watershed shall
3-54 cooperate in making the assessments and preparing the reports.
3-55 (g) For purposes of this section, solid waste and solid
3-56 waste management shall have the same meaning as in Chapter 361,
3-57 Health and Safety Code. Each river authority and local government
3-58 is authorized and encouraged, but not required, to manage solid
3-59 waste and to facilitate and promote programs for the collection and
3-60 disposal of household consumer and agricultural products which
3-61 contain hazardous constituents or hazardous substances and which,
3-62 when disposed of improperly, represent a threat of contamination to
3-63 the water resources of the state. Such programs may include the
3-64 establishment of a permanent collection site, mobile collection
3-65 sites, periodic collection events, or other methods which a river
3-66 authority or local government may deem effective.
3-67 (h) The commission shall apportion, assess, and recover the
3-68 reasonable costs of administering the water quality management
3-69 programs under this section [through the fiscal year ending August
4-1 31, 1998,] from users of water and wastewater permit holders in the
4-2 watershed according to the records of the commission generally in
4-3 proportion to their right, through permit or contract, to use water
4-4 from and discharge wastewater in the watershed. Irrigation water
4-5 rights will not be subject to this assessment. The cost to river
4-6 authorities and others to conduct [regional] water quality
4-7 monitoring and assessment shall be subject to prior review and
4-8 approval by the commission as to methods of allocation and total
4-9 amount to be recovered. The commission shall adopt rules to
4-10 supervise and implement the water quality monitoring, assessment,
4-11 and associated costs. The rules shall ensure that water users and
4-12 wastewater dischargers do not pay excessive amounts, that program
4-13 funds are equitably apportioned among basins, that a river
4-14 authority may recover no more than the actual costs of
4-15 administering the water quality management programs called for in
4-16 this section, and that no municipality shall be assessed cost for
4-17 any efforts that duplicate water quality management activities
4-18 described in Section 26.177 of this chapter. The rules concerning
4-19 the apportionment and assessment of reasonable costs shall provide
4-20 for a recovery of not more than $5,000,000 annually [through the
4-21 fiscal year ending August 31, 1998]. Costs recovered by the
4-22 commission are to be deposited to the water quality fund and may
4-23 be used only to accomplish the purposes of this section. The
4-24 commission may apply not more than 10 percent of the costs
4-25 recovered annually toward the commission's overhead costs for the
4-26 administration of this section and the implementation of regional
4-27 water quality assessments. The commission, with the assistance and
4-28 input of each river authority, shall file a [final] written report
4-29 accounting for the costs recovered under this section with the
4-30 governor, the lieutenant governor, and the speaker of the house of
4-31 representatives on or before December 1 of each even-numbered year
4-32 [31, 1998. This subsection expires January 1, 1999].
4-33 (i) In this section:
4-34 (1) "Quality assured data" means data that complies
4-35 with commission rules for the water quality monitoring program
4-36 adopted under Subsection (c)(1), including rules governing the
4-37 methods under which water samples are collected and analyzed and
4-38 data from those samples is assessed and maintained.
4-39 (2) "River [, "river] authority" means:
4-40 (A) [(1)] a river authority as defined by
4-41 Section 30.003 of this code that includes 10 or more counties; and
4-42 (B) [(2)] any other river authority or special
4-43 district created under Article III, Section 52, Subsection (b)(1)
4-44 or (2), or Article XVI, Section 59, of the Texas Constitution that
4-45 is designated by rule of the commission to comply with this
4-46 section.
4-47 SECTION 2. Section 26.0136, Water Code, is amended to read
4-48 as follows:
4-49 Sec. 26.0136. [REGIONAL] WATER QUALITY MANAGEMENT
4-50 [IMPLEMENTATION]. (a) The commission is the agency with primary
4-51 responsibility for implementation of [regional] water quality
4-52 management functions, including enforcement actions, within the
4-53 state. Water quality management functions shall be oriented on a
4-54 watershed basis in consideration of the priorities identified by
4-55 river authorities and basin steering committees. The commission by
4-56 rule shall coordinate the water quality responsibilities of river
4-57 authorities within each watershed and shall, where appropriate,
4-58 delegate water quality functions to local governments under Section
4-59 26.175 of this code. The State Soil and Water Conservation Board
4-60 shall coordinate and administer all programs for abating
4-61 agricultural or silvicultural nonpoint source pollution, as
4-62 provided by Section 201.026, Agriculture Code.
4-63 (b) Nothing in this section is intended to enlarge,
4-64 diminish, or supersede the water quality powers, including
4-65 enforcement authority, authorized by law for river authorities, the
4-66 State Soil and Water Conservation Board, and local governments.
4-67 Nothing in this section is intended to enlarge, diminish, or
4-68 supersede the responsibilities of the Texas Agricultural Extension
4-69 Service and the Texas Agricultural Experiment Station to conduct
5-1 educational programs and research regarding nonpoint source
5-2 pollution and related water resource and water quality matters.
5-3 (c) The commission shall establish rules to make the optimum
5-4 use of state and federal funding and grant programs related to
5-5 water quality programs of the commission.
5-6 (d) In [For purposes of] this section, "river authority" has
5-7 [river authority shall have] the [same] meaning assigned by [as
5-8 that contained in] Section 26.0135(i) of this code.
5-9 SECTION 3. Section 26.023, Water Code, is amended to read as
5-10 follows:
5-11 Sec. 26.023. WATER QUALITY STANDARDS. The commission by
5-12 rule shall set water quality standards for the water in the state
5-13 and may amend the standards from time to time. The commission has
5-14 the sole and exclusive authority to set water quality standards for
5-15 all water in the state. The commission shall consider the
5-16 existence and effects of nonpoint source pollution, toxic
5-17 materials, and nutrient loading in developing water quality
5-18 standards and related waste load models for water quality. The
5-19 commission shall develop standards based on all quality assured
5-20 data obtained by the commission, including the local watershed and
5-21 river basin database described by Section 26.0135(c)(2). In this
5-22 section, "quality assured data" has the meaning assigned by Section
5-23 26.0135(i).
5-24 SECTION 4. Section 26.0285, Water Code, is amended to read
5-25 as follows:
5-26 Sec. 26.0285. EXPIRATION OF PERMITS WITHIN SAME WATERSHED.
5-27 The commission shall, to the greatest extent practicable, require
5-28 that all permits for the discharge of waste within a single
5-29 watershed or within a region of a single watershed contain the same
5-30 expiration date. The commission shall adopt and implement
5-31 procedures for the simultaneous review and renewal of all those
5-32 permits within a watershed or region of a watershed. The purpose
5-33 of the review is to require comprehensive evaluation of the
5-34 combined effects of permitted discharges on water quality within
5-35 the watershed and to facilitate the receipt of information from the
5-36 public and other entities affected by those discharges. The
5-37 watershed and river basin monitoring plans described by Section
5-38 26.0135(c) shall include targeted monitoring to assist the
5-39 permitting process.
5-40 SECTION 5. Section 26.177, Water Code, is amended by
5-41 amending Subsections (a) and (e) and adding Subsections (f) and (g)
5-42 to read as follows:
5-43 (a) A [Every city in this state having a population of 5,000
5-44 or more inhabitants shall, and any] city [of this state] may[,]
5-45 establish a water pollution control and abatement program for the
5-46 city. If the watershed water quality assessment reports required
5-47 by Section 26.0135 or other commission assessments or studies
5-48 identify water pollution that is attributable to non-permitted
5-49 sources in a city that has a population of 10,000 or more, the
5-50 commission, after providing the city a reasonable time to correct
5-51 the problem and after holding a public hearing, may require the
5-52 city to establish a water pollution control and abatement program.
5-53 The city shall employ or retain an adequate number of personnel on
5-54 either a part-time or full-time basis as the needs and
5-55 circumstances of the city may require, who by virtue of their
5-56 training or experience are qualified to perform the water pollution
5-57 control and abatement functions required to enable the city to
5-58 carry out its duties and responsibilities under this section.
5-59 (e) The commission may [shall] adopt and assess reasonable
5-60 and necessary fees adequate to recover the costs of the commission
5-61 in administering this section.
5-62 (f) A city may contract with a river authority or another
5-63 political subdivision to perform any or all services and functions
5-64 that are part of a water pollution control and abatement program
5-65 established under this section.
5-66 (g) The commission may assist cities in identifying and
5-67 obtaining funds and technical assistance that may be available to
5-68 assist a city, or a river authority or other political subdivision
5-69 with whom a city has contracted, in performing any or all of the
6-1 services or functions that are part of a water pollution control
6-2 and abatement program established under this section.
6-3 SECTION 6. This Act takes effect September 1, 1997.
6-4 SECTION 7. The importance of this legislation and the
6-5 crowded condition of the calendars in both houses create an
6-6 emergency and an imperative public necessity that the
6-7 constitutional rule requiring bills to be read on three several
6-8 days in each house be suspended, and this rule is hereby suspended.
6-9 * * * * *