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.