HBA-NMO C.S.S.C.R. 56 76(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.C.R. 56
By: Lindsay
Natural Resources
5/5/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE

Currently, the United States Army Corps of Engineers has primary authority
over the operation of the national permit program, under the federal Clean
Water Act, for the placement of dredged and fill materials into waters of
the U.S., including wetlands.  Section 401 of the Clean Water Act
authorizes states to certify whether the issuance of certain federal
permits complies with state water quality standards.  The Texas Natural
Resource Conservation Commission (TNRCC) provides this certification.
However, because the U.S. Army Corps of Engineers, prior to granting a
permit, receives comments from a variety of state and federal resource
agencies, including the U.S. Fish and Wildlife Department, the Texas Parks
and Wildlife Department, and TNRCC, Section 401 certification by TNRCC may
unnecessarily duplicate U.S. Army Corps of Engineers analysis. C.S.S.C.R.
56 provides that it is the intent of the legislature that TNRCC should
attempt to eliminate duplication between its Section 401 water quality
certification program and the review conducted by the U.S. Army Corps of
Engineers, and sets forth related intentions of the legislature.      
 
RULEMAKING AUTHORITY 

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

ANALYSIS

C.S.S.C.R. 56 provides that it is the intent of the legislature that the
Texas Natural Resource Conservation Commission (TNRCC) should attempt to
eliminate duplication between its Section 401 water quality certification
program and the review conducted by the United States Army Corps of
Engineers. 

Provides that it is the intent of the legislature that TNRCC should amend
its rules to require TNRCC, except where necessary to maintain delegation
or approval of a federally delegated or approved program, to waive Section
401 certification, in accordance with the authority of the federal Clean
Water Act, for those projects for which the U.S. Army Corps of Engineers
has conducted a review under Section 404(b) of that Act. 

Provides that it is the intent of the legislature to require TNRCC, if some
review is required to maintain delegation or approval of a federally
delegated or approved program, to develop a review process in compliance
with approved water quality standards that is no more stringent than
specifically required by federal law and that implements, to the maximum
extent practicable, acreage thresholds, geographic limitations, expedited
review processes, waivers of project types, and similar provisions
necessary to eliminate duplication of federal activities and assist
compliance by permit applicants.   

Provides that it is the intent of the legislature to require that savings
that can be realized from eliminating duplication of the U.S. Army Corps of
Engineers Section 404 permit evaluations be utilized by TNRCC to meet the
demands of the water quality protection program. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in the preamble by deleting
language that states that wetlands are waters of the state that are
particularly valuable in functioning to help maintain and improve the
quality of neighboring waters and in providing habitat for aquatic and
aquatic-dependent life; and that the preservation of wetlands and their
functions is a priority goal of this state. 

The substitute differs from the original in the third resolution by
removing language that would have provided that it is the intent of the
legislature to require the Texas Natural Resource Conservation Commission,
if some review is required to maintain delegation or approval of a
federally delegated or approved program, to develop provisions necessary to
maintain the state's water quality standards. 

The substitute differs from the original in the fourth resolution by
providing that it is the intent of the legislature to require that savings
that can be realized from eliminating duplication of the U.S. Army Corps of
Engineers Section 404 permit evaluations be utilized by TNRCC to meet the
demands of the water quality protection program, rather than to implement
water quality protections and to take the appropriate action to ensure that
the state's water quality standards will be attained and maintained in all
state waters without unnecessary duplication with federal actions.