SRC-JXG S.R. 928 76(R)   BILL ANALYSIS


Senate Research Center   S.R. 928
76R15371 MPC-DBy: Armbrister
Administration
5/13/1999
As Filed


DIGEST 

The Edwards Aquifer (aquifer) is a unique and complex hydrological system
that diverse, economic, and social interests depend upon for their water
supply.  The Texas Natural Resource Conservation Commission (TNRCC)
implements the aquifer protection program to prevent pollution, and  holds
annual public hearings to continually assess the actions taken to protect
the aquifer.  In September 1998, TNRCC adopted rules to take effect June 1,
1999, that require construction-related controls and permanent best
management practices on certain activities in the contributing zone,
including an area upstream of the recharge zone where rainfall washes into
streams that eventually enter the recharge zone.  These new regulations on
land and development  raised concerns from many groups and individuals
about the cost of such controls and the impact these regulations will have
on new development in the region.  Public concern about the new rules and
knowledge of the characteristics of the aquifer, creates a need for a more
flexible regulatory process.  TNRCC may apply the rule that was in effect
on January 1, 1998.  S.R. 928 would delay the effective date of the adopted
rules to facilitate discussion of certain provisions, and would create an
aquifer select committee to study cost effectiveness procedures and
permanent management practices. 

PURPOSE

As proposed, S.R. 928 submits the following resolutions:

That the Senate of the 76th Legislature hereby direct TNRCC to delay the
effective date of the adopted rules until January 1, 2001, to facilitate
discussion of the new rules; finalize and distribute a guidance document on
the rules; and to provide outreach and information to the regulated
community to facilitate compliance with these important regulations.  

That the Senate of the 76th Legislature hereby direct TNRCC to convene an
Edwards Aquifer (aquifer) select committee (committee) region to review the
need, effectiveness, efficiency, and economic impact of regulations adopted
by TNRCC that apply to regulated activities and  have not taken effect as
of January 1, 1998. 
 
 That the composition of the committee include certain  persons.

That the committee assist in continuing evaluation of the aquifer rules,
with specific emphasis on the cost of implementing and maintaining
permanent management practices, and the effectiveness in controlling
pollution of the aquifer. 

That the committee be constituted no later than June 30, 1999, and hold its
first meeting no later than July 15, 1999.  

That the committee submit a report of the findings and recommendations to
the governor, TNRCC, and the legislature, no later than December 31, 2000.