By Counts H.R. No. 910
76R14607 MPC-D
R E S O L U T I O N
1-1 WHEREAS, The Edwards Aquifer is a unique and complex
1-2 hydrological system that diverse economic and social interests
1-3 depend upon for their water supply; and
1-4 WHEREAS, The Texas Natural Resource Conservation Commission
1-5 (TNRCC) is the state agency charged with implementing the Edwards
1-6 Aquifer protection program to prevent pollution of this important
1-7 resource and with holding annual public hearings to continually
1-8 assess the actions taken to protect the aquifer; and
1-9 WHEREAS, In September 1998, the TNRCC adopted rules to take
1-10 effect June 1, 1999, that require construction-related controls and
1-11 permanent best management practices on certain activities in the
1-12 contributing zone, an area upstream of the recharge zone where
1-13 rainfall washes into streams that eventually enter the recharge
1-14 zone; and
1-15 WHEREAS, These new regulations on land use and development in
1-16 the contributing zone have raised concerns from many groups and
1-17 individuals about the cost of such controls and the impact these
1-18 regulations will have on new development in the region; and
1-19 WHEREAS, Knowledge of the characteristics of the Edwards
1-20 Aquifer and the effects of development activity on this invaluable
1-21 resource is constantly changing and improving; this circumstance,
1-22 combined with public concern about the new rules, creates a need
1-23 for a more flexible regulatory process; and
1-24 WHEREAS, The commission may apply a rule that was in effect
2-1 on January 1, 1998, to the contributing zone; now, therefore, be it
2-2 RESOLVED, That the House of Representatives of the 76th Texas
2-3 Legislature hereby direct the Texas Natural Resource Conservation
2-4 Commission to delay the effective date of the adopted rules until
2-5 January 1, 2000, to facilitate discussion of the new rules,
2-6 finalize and distribute a guidance document on the rules, and
2-7 provide outreach and information to the regulated community to
2-8 facilitate compliance with these important regulations; and, be it
2-9 further
2-10 RESOLVED, That the House of Representatives of the 76th Texas
2-11 Legislature hereby direct the Texas Natural Resource Conservation
2-12 Commission to convene a select committee on the Edwards Aquifer
2-13 region to review the need for and the potential effectiveness,
2-14 efficiency, and economic impacts of regulations adopted by the
2-15 commission that apply to regulated activities, as well as
2-16 activities in the contributing zone, that have not taken effect as
2-17 of January 1, 1998; and, be it further
2-18 RESOLVED, That the composition of the select committee shall
2-19 include:
2-20 (1) one representative of the commission;
2-21 (2) one representative appointed by the county judge
2-22 of each of the following counties: Comal, Kinney, Medina, and
2-23 Uvalde;
2-24 (3) two representatives appointed by the county judge
2-25 of each of the following counties: Bexar, Hays, Travis, and
2-26 Williamson;
2-27 (4) three members appointed by the commission as
3-1 follows:
3-2 (A) one representative of the residential
3-3 building industry who resides in a county that is part of the
3-4 Edwards Aquifer region;
3-5 (B) one registered professional engineer who
3-6 regularly designs subdivisions with stormwater infrastructure
3-7 within the Edwards Aquifer region; and
3-8 (C) one representative of a nonprofit
3-9 organization that is dedicated to environmental conservation;
3-10 (5) one representative of a statewide nonprofit
3-11 organization dedicated to water resources management;
3-12 (6) one representative of the Texas Department of
3-13 Transportation;
3-14 (7) one representative of the Texas Parks and Wildlife
3-15 Department;
3-16 (8) one representative of the Texas Water Development
3-17 Board; and
3-18 (9) the commission shall invite the United States Fish
3-19 and Wildlife Service to designate a representative to serve on the
3-20 committee; and, be it further
3-21 RESOLVED, That the select committee shall assist in the
3-22 continuing evaluation of the Edwards Aquifer Authority rules, with
3-23 specific emphasis on the cost of implementing and maintaining
3-24 permanent best management practices and their effectiveness in
3-25 controlling pollution of the Edwards Aquifer; and, be it further
3-26 RESOLVED, That the select committee shall be constituted no
3-27 later than June 30, 1999, and shall hold its first meeting no later
4-1 than July 15, 1999; and, be it further
4-2 RESOLVED, That the select committee shall submit a report,
4-3 including findings and recommendations, to the governor, the TNRCC,
4-4 and the Texas Legislature not later than December 31, 2000.