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.