By Armbrister S.B. No. 597
75R2901 ESH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to monitoring of water quality in watersheds and river
1-3 basins.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 26.0135, Water Code, is amended to read
1-6 as follows:
1-7 Sec. 26.0135. WATERSHED MONITORING AND [REGIONAL] ASSESSMENT
1-8 OF WATER QUALITY [BY WATERSHED/RIVER BASIN]. (a) To ensure clean
1-9 water, the [The] commission shall establish [ensure] the strategic
1-10 and comprehensive monitoring of water quality and the periodic
1-11 [regional] assessment of water quality in each watershed and river
1-12 basin of the state. In order to conserve public funds and avoid
1-13 duplication of effort, subject to adequate funding under Subsection
1-14 (h), river authorities shall, to the greatest extent possible and
1-15 under the supervision of the commission, conduct water quality
1-16 monitoring and [regional] assessments in [of] their own
1-17 watersheds. Watershed monitoring and [Regional] assessments
1-18 involving agricultural or silvicultural nonpoint source pollution
1-19 shall be coordinated through the State Soil and Water Conservation
1-20 Board with local soil and water conservation districts. The water
1-21 quality monitoring and reporting duties under this section apply
1-22 only to a river authority that has entered into an agreement with
1-23 the commission to perform those duties. The commission, either
1-24 directly or through cooperative agreements and contracts with local
2-1 governments, shall conduct monitoring and [regional] assessments of
2-2 watersheds where a river authority is unable to perform an
2-3 adequate assessment of its own watershed. The monitoring program
2-4 shall provide data to identify significant long-term water quality
2-5 trends, characterize water quality conditions, support the
2-6 permitting process, and classify unclassified waters. The
2-7 commission shall consider available monitoring data and assessment
2-8 results in developing or reviewing wastewater permits and stream
2-9 standards and in conducting other water quality management
2-10 activities. The assessment must include a review of wastewater
2-11 discharges, nonpoint source pollution, nutrient loading, toxic
2-12 materials, biological health of aquatic life, public education and
2-13 involvement in water quality issues, local and regional pollution
2-14 prevention efforts, and other factors that affect water quality
2-15 within the watershed. [The assessment shall also review any
2-16 significant regulatory or enforcement issues affecting the
2-17 watershed.] The monitoring and assessment required by this section
2-18 is a continuing duty, and the monitoring and assessment shall be
2-19 periodically revised [as necessary] to show changes in the factors
2-20 subject to assessment.
2-21 (b) In order to assist in the coordination and development
2-22 of assessments and reports required by this section, a river
2-23 authority shall organize and lead a basin-wide steering committee
2-24 that includes persons paying fees under Subsection (h), private
2-25 citizens, the State Soil and Water Conservation Board,
2-26 representatives from other [all] appropriate state agencies, [the
2-27 State Soil and Water Conservation Board,] political subdivisions,
3-1 and other persons [governmental bodies] with an interest in water
3-2 quality matters of the watershed or river basin. Based on
3-3 committee and public input, each steering committee shall develop
3-4 water quality objectives and priorities that are achievable
3-5 considering the available technology and economic impact. The
3-6 objectives and priorities shall be used to develop work plans and
3-7 allocate available resources under Subsection (h). Each committee
3-8 member shall help identify significant water quality issues within
3-9 the basin and shall make available to the river authority all
3-10 relevant water quality data held by the represented entities. A
3-11 river authority shall also develop a public input process that
3-12 provides for meaningful comments and review by private citizens and
3-13 organizations on each basin summary [regional assessment and]
3-14 report. A steering committee established by the commission to
3-15 comply with this subsection in the absence of a river authority or
3-16 other qualified local government is not subject to Article 6252-33,
3-17 Revised Statutes.
3-18 (c) The purpose of the monitoring and assessment required by
3-19 this section is [not to mandate exhaustive and detailed water
3-20 quality studies, but rather] to identify significant issues
3-21 affecting water quality within each watershed and river basin of
3-22 the state. Each river authority shall submit quality assured data
3-23 collected in the river basin to the commission. The commission
3-24 shall use the data to develop the statewide water quality inventory
3-25 and other assessment reports that satisfy federal reporting
3-26 requirements. The data and reports shall also be used [and] to
3-27 provide sufficient information for the commission, the State Soil
4-1 and Water Conservation Board, river authorities, and other
4-2 governmental bodies to take appropriate [corrective] action
4-3 necessary to maintain and improve the quality of the state's water
4-4 resources. The commission shall adopt rules that at a minimum
4-5 require each river authority to:
4-6 (1) develop and maintain a basin-wide water quality
4-7 monitoring program that minimizes duplicative monitoring,
4-8 facilitates the assessment process, and targets monitoring to
4-9 support the permitting and standards process;
4-10 (2) establish a watershed and river basin water
4-11 quality database composed of quality assured data from river
4-12 authorities, permit holders, state and federal agencies, and other
4-13 relevant sources and make the data available to any interested
4-14 person;
4-15 (3) identify water quality problems and known
4-16 pollution sources and set priorities for taking appropriate action
4-17 regarding those problems and sources;
4-18 (4) develop a process for public participation that
4-19 includes the basin steering committee and public review and input
4-20 and that provides for meaningful review and comments by private
4-21 citizens and organizations in the local watersheds; and
4-22 (5) recommend water quality management strategies for
4-23 correcting identified water quality problems and pollution sources
4-24 [establish by rule the level of detail required for each watershed
4-25 and river basin assessment].
4-26 (d) In the appropriate year of the cycle provided by
4-27 commission rules adopted to implement Section 26.0285 [On or before
5-1 October 1 of each even-numbered year], each river authority shall
5-2 submit a written summary report [in writing] to the [governor,]
5-3 commission, State Soil and Water Conservation Board, and Parks and
5-4 Wildlife Department on the water quality assessment of the
5-5 authority's watershed. The summary report must identify concerns
5-6 relating to the watershed or bodies of water, including an
5-7 identification of bodies of water with impaired or potentially
5-8 impaired uses, the cause and possible source of use impairment, and
5-9 recommended actions the commission may take to address those
5-10 concerns. The summary report must discuss the public benefits from
5-11 the water quality monitoring and assessment program, including
5-12 efforts to increase public input in activities related to water
5-13 quality and the effectiveness of targeted monitoring in assisting
5-14 the permitting process. A river authority shall submit a summary
5-15 report after the report has been approved by the basin steering
5-16 committee and coordinated with the public and the commission. A
5-17 river authority shall hold basin steering committee meetings and
5-18 shall invite users of water and wastewater permit holders in the
5-19 watershed who pay fees under Subsection (h) to review the draft of
5-20 the work plans and summary report. A river authority shall inform
5-21 those parties of the availability and location of the summary
5-22 report for inspection and shall solicit input from those parties
5-23 concerning their satisfaction with or suggestions for modification
5-24 of the summary report for the watershed, the operation or
5-25 effectiveness of the watershed monitoring and assessment program
5-26 authorized by this section, and the adequacy, use, or equitable
5-27 apportionment of the program's costs and funds. A river authority
6-1 shall summarize all comments received from persons who pay fees
6-2 under Subsection (h) and from steering committee members and shall
6-3 submit the report and the summaries [any significant regulatory or
6-4 enforcement issues, and on any actions taken by the authority and
6-5 other local governments to improve water quality within the
6-6 authority's watershed. The assessment report must identify each
6-7 legal, administrative, economic, or other impediment to further
6-8 water quality efforts by the authority and local governments. The
6-9 commission shall then prepare a report that summarizes each river
6-10 authority's assessment report, describes the commission's regional
6-11 water quality assessment efforts, and lists the commission's past
6-12 and proposed actions for improving water quality within the
6-13 watersheds subject to such assessments. The commission shall
6-14 submit its report, along with the commission's comments and
6-15 recommendations on regional water quality management,] to the
6-16 governor, the lieutenant governor, and the speaker of the house of
6-17 representatives not later than the 90th day after the date the
6-18 river authority submits the summary report to the commission and
6-19 other agencies [on or before December 1 of each even-numbered
6-20 year].
6-21 (e) Each local government within the watershed of a river
6-22 authority shall cooperate in making the assessment under Subsection
6-23 (a) of this section and in preparing the report by providing to the
6-24 river authority all information available to the local government
6-25 about water quality within the jurisdiction of the local
6-26 government, including the extraterritorial jurisdiction of a
6-27 municipality. [Nothing in this section shall be construed to limit
7-1 or increase the authority or obligations of a municipality in
7-2 regard to water pollution control and abatement programs described
7-3 by Section 26.177 of this code.]
7-4 (f) If more than one river authority is located in a
7-5 watershed, all river authorities within the watershed shall
7-6 cooperate in making the assessments and preparing the reports.
7-7 (g) For purposes of this section, solid waste and solid
7-8 waste management shall have the same meaning as in Chapter 361,
7-9 Health and Safety Code. Each river authority and local government
7-10 is authorized and encouraged, but not required, to manage solid
7-11 waste and to facilitate and promote programs for the collection and
7-12 disposal of household consumer and agricultural products which
7-13 contain hazardous constituents or hazardous substances and which,
7-14 when disposed of improperly, represent a threat of contamination to
7-15 the water resources of the state. Such programs may include the
7-16 establishment of a permanent collection site, mobile collection
7-17 sites, periodic collection events, or other methods which a river
7-18 authority or local government may deem effective.
7-19 (h) The commission shall apportion, assess, and recover the
7-20 reasonable costs of administering the water quality management
7-21 programs under this section [through the fiscal year ending August
7-22 31, 1998,] from users of water and wastewater permit holders in the
7-23 watershed according to the records of the commission generally in
7-24 proportion to their right, through permit or contract, to use water
7-25 from and discharge wastewater in the watershed. Irrigation water
7-26 rights will not be subject to this assessment. The cost to river
7-27 authorities and others to conduct [regional] water quality
8-1 monitoring and assessment shall be subject to prior review and
8-2 approval by the commission as to methods of allocation and total
8-3 amount to be recovered. The commission shall adopt rules to
8-4 supervise and implement the water quality monitoring, assessment,
8-5 and associated costs. The rules shall ensure that water users and
8-6 wastewater dischargers do not pay excessive amounts, that program
8-7 funds are equitably apportioned among basins, that a river
8-8 authority may recover no more than the actual costs of
8-9 administering the water quality management programs called for in
8-10 this section, and that no municipality shall be assessed cost for
8-11 any efforts that duplicate water quality management activities
8-12 described in Section 26.177 of this chapter. The rules concerning
8-13 the apportionment and assessment of reasonable costs shall provide
8-14 for a recovery of not more than $5,000,000 annually [through the
8-15 fiscal year ending August 31, 1998]. Costs recovered by the
8-16 commission are to be deposited to the water quality fund and may
8-17 be used only to accomplish the purposes of this section. The
8-18 commission may apply not more than 10 percent of the costs
8-19 recovered annually toward the commission's overhead costs for the
8-20 administration of this section and the implementation of regional
8-21 water quality assessments. The commission, with the assistance and
8-22 input of each river authority, shall file a [final] written report
8-23 accounting for the costs recovered under this section with the
8-24 governor, the lieutenant governor, and the speaker of the house of
8-25 representatives on or before December 1 of each even-numbered year
8-26 [31, 1998. This subsection expires January 1, 1999].
8-27 (i) In this section:
9-1 (1) "Quality assured data" means data that complies
9-2 with commission rules for the water quality monitoring program
9-3 adopted under Subsection (c)(1), including rules governing the
9-4 methods under which water samples are collected and analyzed and
9-5 data from those samples is assessed and maintained.
9-6 (2) "River [, "river] authority" means:
9-7 (A) [(1)] a river authority as defined by
9-8 Section 30.003 of this code that includes 10 or more counties; and
9-9 (B) [(2)] any other river authority or special
9-10 district created under Article III, Section 52, Subsection (b)(1)
9-11 or (2), or Article XVI, Section 59, of the Texas Constitution that
9-12 is designated by rule of the commission to comply with this
9-13 section.
9-14 SECTION 2. Section 26.0136, Water Code, is amended to read
9-15 as follows:
9-16 Sec. 26.0136. [REGIONAL] WATER QUALITY MANAGEMENT
9-17 [IMPLEMENTATION]. (a) The commission is the agency with primary
9-18 responsibility for implementation of [regional] water quality
9-19 management functions, including enforcement actions, within the
9-20 state. Water quality management functions shall be oriented on a
9-21 watershed basis in consideration of the priorities identified by
9-22 river authorities and basin steering committees. The commission by
9-23 rule shall coordinate the water quality responsibilities of river
9-24 authorities within each watershed and shall, where appropriate,
9-25 delegate water quality functions to local governments under Section
9-26 26.175 of this code. The State Soil and Water Conservation Board
9-27 shall coordinate and administer all programs for abating
10-1 agricultural or silvicultural nonpoint source pollution, as
10-2 provided by Section 201.026, Agriculture Code.
10-3 (b) Nothing in this section is intended to enlarge,
10-4 diminish, or supersede the water quality powers, including
10-5 enforcement authority, authorized by law for river authorities, the
10-6 State Soil and Water Conservation Board, and local governments.
10-7 Nothing in this section is intended to enlarge, diminish, or
10-8 supersede the responsibilities of the Texas Agricultural Extension
10-9 Service and the Texas Agricultural Experiment Station to conduct
10-10 educational programs and research regarding nonpoint source
10-11 pollution and related water resource and water quality matters.
10-12 (c) The commission shall establish rules to make the optimum
10-13 use of state and federal funding and grant programs related to
10-14 water quality.
10-15 (d) In [For purposes of] this section, "river authority" has
10-16 [river authority shall have] the [same] meaning assigned by [as
10-17 that contained in] Section 26.0135(i) of this code.
10-18 SECTION 3. Section 26.023, Water Code, is amended to read as
10-19 follows:
10-20 Sec. 26.023. WATER QUALITY STANDARDS. The commission by
10-21 rule shall set water quality standards for the water in the state
10-22 and may amend the standards from time to time. The commission has
10-23 the sole and exclusive authority to set water quality standards for
10-24 all water in the state. The commission shall consider the existence
10-25 and effects of nonpoint source pollution, toxic materials, and
10-26 nutrient loading in developing water quality standards and related
10-27 waste load models for water quality. The commission shall develop
11-1 standards based on all quality assured data obtained by the
11-2 commission, including the local watershed and river basin database
11-3 described by Section 26.0135(c)(2). In this section, "quality
11-4 assured data" has the meaning assigned by Section 26.0135(i).
11-5 SECTION 4. Section 26.0285, Water Code, is amended to read
11-6 as follows:
11-7 Sec. 26.0285. EXPIRATION OF PERMITS WITHIN SAME WATERSHED.
11-8 The commission shall, to the greatest extent practicable, require
11-9 that all permits for the discharge of waste within a single
11-10 watershed or within a region of a single watershed contain the same
11-11 expiration date. The commission shall adopt and implement
11-12 procedures for the simultaneous review and renewal of all those
11-13 permits within a watershed or region of a watershed. The purpose
11-14 of the review is to require comprehensive evaluation of the
11-15 combined effects of permitted discharges on water quality within
11-16 the watershed and to facilitate the receipt of information from the
11-17 public and other entities affected by those discharges. The
11-18 watershed and river basin monitoring plans described by Section
11-19 26.0135(c) shall include targeted monitoring to assist the
11-20 permitting process.
11-21 SECTION 5. Sections 26.177(a) and (e), Water Code, are
11-22 amended to read as follows:
11-23 (a) A [Every city in this state having a population of 5,000
11-24 or more inhabitants shall, and any] city [of this state] may[,]
11-25 establish a water pollution control and abatement program for the
11-26 city. If the watershed water quality assessment reports required
11-27 by Section 26.0135 or other commission assessments or studies
12-1 identify water pollution that is attributable to non-permitted
12-2 sources in a city that has a population of 10,000 or more, the
12-3 commission, after providing the city a reasonable time to correct
12-4 the problem and after holding a public hearing, may require the
12-5 city to establish a water pollution control and abatement program.
12-6 The city shall employ or retain an adequate number of personnel on
12-7 either a part-time or full-time basis as the needs and
12-8 circumstances of the city may require, who by virtue of their
12-9 training or experience are qualified to perform the water pollution
12-10 control and abatement functions required to enable the city to
12-11 carry out its duties and responsibilities under this section.
12-12 (e) The commission may [shall] adopt and assess reasonable
12-13 and necessary fees adequate to recover the costs of the commission
12-14 in administering this section.
12-15 SECTION 6. This Act takes effect September 1, 1997.
12-16 SECTION 7. The importance of this legislation and the
12-17 crowded condition of the calendars in both houses create an
12-18 emergency and an imperative public necessity that the
12-19 constitutional rule requiring bills to be read on three several
12-20 days in each house be suspended, and this rule is hereby suspended.