SRC-SLL H.B. 2977 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2977
By: Hamric (Lindsay)
Natural Resources
5/11/1999
Engrossed


DIGEST 

Currently, when developing certain projects in Harris County, there are
local flood control guidelines as well as federal and state water quality
requirements leaving some concern that this process may ignore the regional
approach necessary to effectively address flood and water quality issues.
H.B. 2977 sets forth provisions regarding regional flood control plans and
certification of federally authorized discharges. 

PURPOSE

As proposed, H.B. 2977 sets forth provisions regarding regional flood
control plans and certification of federally authorized discharges. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Natural Resource Conservation
Commission in SECTION 3 (Section 26.0231(e), Water Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 5.104, Water Code, by adding Subsection (c), to
require the Texas Natural Resource Conservation Commission (TNRCC) to use
its best efforts to develop a memorandum of understanding with the United
States Army Corps of Engineers to foster regional programmatic permits
under Section 404, Federal Water Pollution Control Act, as amended, in
counties in which regional flood control plans have been developed. 

SECTION 2.  Amends Chapter 16, Water Code, by adding Subchapter K, as
follows:' 

SUBCHAPTER K.  REGIONAL FLOOD CONTROL PLANS

Sec.  16.381.  APPLICABILITY.  Sets forth the governmental entities to
which this subchapter applies. 

Sec.  16.382.  REGIONAL FLOOD CONTROL PLANNING.  Authorizes a district
created under Section 59, Article XVI, Texas Constitution (district) and a
county to cooperate to develop and adopt a regional flood control plan
(plan) in the manner provided by Sections 16.315 and 16.316.  Sets forth
requirements for the plan. 

Sec.  16.383.  AUTHORITY TO ACQUIRE LAND.  Sets forth provisions regarding
acquisition of land by a district or county for a plan.  Prohibits a
district from acquiring land under this subchapter by the power of eminent
domain. 

Sec.  16.384.  RULES.  Requires the plan to include rules requiring any
development in the county to conform with land use and control measures
adopted by the district or county under Section 16.315.   

Sec.  16.385.  FUNDING.  Authorizes the plan to identify possible means of
funding for the purchase of land including certain funding mechanisms.
Authorizes a district that adopts a plan to request advice from the Texas
Water Development Board to identify means to finance  the purchase of land. 

Sec.  16.386.  ADOPTION OF PLAN.  Sets forth procedures for adopting a plan.

Sec.  16.387.  FEES.  Authorizes the district to facilitate the development
of alternative wetland mitigation programs for permit applications in the
district under Section 404, Federal Water Pollution Control Act.
Authorizes a program to include the imposition of fees instead of wetland
mitigation activities.  Requires the district to use money from the fees to
acquire land in the areas identified as flood hazard areas and not suitable
for development. 

SECTION 3.  Amends Chapter 26B, Water Code, by adding Section 26.0231, as
follows: 

Sec.  26.0231.  CERTIFICATION OF FEDERALLY AUTHORIZED DISCHARGES.
Authorizes TNRCC to exercise the powers reserved to the state under Section
401, Federal Water Pollution Control Act, as amended, to certify that the
discharge pollutant will not cause a violation of applicable water quality
standards or waive certification.  Sets forth circumstances under which
TNRCC may waive certification.  Sets forth the policy of TNRCC  in
exercising its authority under this section.  Requires TNRCC,  during the
waive period required by Subsection (b), to recognize and accept decisions
made by the United States Army Corps of Engineers under Section 404,
Federal Water Pollution Control Act, as amended, regarding the appropriate
scope and extent of compensatory mitigation for a project, except where
necessary to maintain delegation of a federally delegated program or
approval of a federally approved program.  Requires TNRCC, by rule, to
develop an expedited certification review process under Subsection (a) for
certain projects.  Requires TNRCC develop a review process that meets
certain requirements if a review process is required to maintain delegation
of a federally delegated program or approval of a federally approved
program.  Authorizes a district that adopts a plan to request assistance
from the Texas Water Development Board to create a system for payment to
the district by proponents of projects in areas identified in the plan as
located outside the flood hazard areas and suitable for development of fees
instead of compensatory wetlands mitigation.  Requires the fees to be used
by the plan participants for acquisition of land in the areas identified as
flood hazard areas and not suitable for development. 

SECTION 4.  Emergency clause.
            Effective date: upon passage.