SRC-PNG S.C.R. 56 76(R)   BILL ANALYSIS


Senate Research Center   S.C.R. 56
By: Lindsay
Natural Resources
4/7/1999
As Filed


DIGEST 

Currently, the federal Clean Water Act contains a comprehensive program for
protecting our nation's waters.  Under Section 404 of the Act, the U.S.
Army Corps of Engineers regulates the discharge of dredged and fill
materials to waters of the United States, including wetlands.  Section 401
of the Act recognizes a state role in water quality regulation by providing
that states may grant, deny, or waive certification that a proposed
activity complies with applicable state water quality standards.  The Texas
Natural Resource Conservation Commission (TNRCC) has revised its approach
to Section 401 certification decisions recently, and is re-reviewing
federal permitting decisions on wetland habitat impacts.  This legislation
declares it to be the intent of the legislature that TNRCC should eliminate
duplication with the federal program and waive Section 401 certification
for projects already reviewed by the Corps of Engineers, except under
certain circumstances. 
 
PURPOSE

As proposed, S.C.R. 56 submits the following resolutions:

That it is the intent of the legislature that the Texas Natural Resource
Conservation Commission (TNRCC) should amend its rules to provide that,
except where necessary to maintain delegation or approval of a federally
delegated or approved program, TNRCC shall waive Section 401 certification,
in accordance with the authority of the federal Clean Water Act, for those
projects for which the United States Army Corps of Engineers has conducted
a review under Section 404(b) of the Act (33 U.S.C. Section 1344). 

That it is the intent of the legislature that, if some review is required
to maintain delegation or approval of a federally delegated or approved
program, TNRCC shall develop a review process in compliance with approved
water quality standards that is no more stringent than specifically
required by federal law that, to the maximum extent practicable, implements
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.   

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