HBA-NMO H.B. 2588 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2588 By: Counts Natural Resources 3/15/1999 Introduced BACKGROUND AND PURPOSE Current law authorizes the Texas Natural Resource Conservation Commission (TNRCC) to develop, prepare, and revise a water quality management plans. Federal regulations, which became applicable when the Texas Pollutant Discharge Elimination System (TPDES) authorization was granted in September, 1998, require that TPDES permits be consistent with a state-prepared, federally approved water quality management plan. Accordingly, issuance of many TPDES permits may occur only after the Texas water quality management plan is revised by TNRCC. Current law requires that a water quality management plan developed or revised by the executive director of TNRCC (director) be submitted to TNRCC for approval following a public hearing. Such a requirement, in light of TPDES, if followed for each update of the state's water quality management plan, may significantly increase the time required for approval of permits and revision of the water quality management plan. H.B. 2588 redelegates the task of developing, preparing, revising and approving the water quality management plan from TNRCC to the executive director and provides for public participation outside of a formal hearing process. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Natural Resource Conservation Commission in SECTION 2 (Section 26.037, Water Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 26.036(b), Water Code, to delete reference to the Texas Natural Resource Conservation Commission (TNRCC), in effect redelegating from TNRCC to the executive director of TNRCC (executive director) the task of developing, preparing, and revising water quality management plans for areas designated by TNRCC. SECTION 2. Amends Section 26.037, Water Code, to authorize the executive director to approve water quality management plans and revisions after a public participation opportunity has been provided that at a minimum meets federal public participation requirements. Requires that approval of water quality management plans shall be consistent with applicable state and federal requirements. Authorizes TNRCC to adopt rules governing approval of water quality management plans. Deletes language requiring that water quality management plans be submitted to TNRCC for public hearing and approval. Deletes the Federal Water Quality Administration from the list of entities to which an approved plan is authorized to be furnished. Makes conforming changes. SECTION 3.Emergency clause. Effective date: upon passage.