1-1 By: Lindsay, et al. S.C.R. No. 56 1-2 (In the Senate - Filed March 23, 1999; March 24, 1999, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 14, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 4, Nays 0; April 14, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.C.R. No. 56 By: Armbrister 1-8 SENATE CONCURRENT RESOLUTION 1-9 WHEREAS, The protection and maintenance of water quality is 1-10 an important goal of the State of Texas; and 1-11 WHEREAS, The federal Clean Water Act (33 U.S.C. Section 1251 1-12 et seq.) establishes a partnership between the state and federal 1-13 governments in meeting this goal; and 1-14 WHEREAS, The United States Army Corps of Engineers has 1-15 primary authority over the operation of the national permit program 1-16 for the placement of dredged and fill materials into waters of the 1-17 United States, including wetlands; and 1-18 WHEREAS, States have permissive authority under Section 401 1-19 of the federal Clean Water Act (33 U.S.C. Section 1341) to certify 1-20 whether the issuance of certain federal permits complies with state 1-21 water quality standards; and 1-22 WHEREAS, The United States Army Corps of Engineers operates 1-23 its Section 404 permit program in compliance with a memorandum of 1-24 agreement with the United States Environmental Protection Agency 1-25 designed to fulfill the national goal of no net loss of wetlands; 1-26 and 1-27 WHEREAS, Wetlands are waters of the state that are 1-28 particularly valuable in functioning to help maintain and improve 1-29 the quality of neighboring waters and in providing habitat for 1-30 aquatic and aquatic-dependent life; and 1-31 WHEREAS, The preservation of wetlands and their functions is 1-32 a priority goal of this state; and 1-33 WHEREAS, Through the implementation of the wetlands 1-34 preservation program, the United States Army Corps of Engineers 1-35 seeks to avoid, minimize, and mitigate damage to wetlands and 1-36 wetlands habitat; and 1-37 WHEREAS, Prior to granting a permit, the United States Army 1-38 Corps of Engineers receives comments from a variety of state and 1-39 federal resource agencies, including the United States Fish and 1-40 Wildlife Service, the Texas Parks and Wildlife Department, the 1-41 Texas Natural Resource Conservation Commission, and others; and 1-42 WHEREAS, It is in the interest of all state and federal 1-43 taxpayers to eliminate duplication between state and federal agency 1-44 programs; and 1-45 WHEREAS, Current Texas Natural Resource Conservation 1-46 Commission procedures in providing Section 401 certification for 1-47 United States Army Corps of Engineers permits duplicates the 1-48 wetlands analysis required to be conducted by the United States 1-49 Army Corps of Engineers; now, therefore, be it 1-50 RESOLVED by the Legislature of the State of Texas, That it is 1-51 the intent of the legislature that the Texas Natural Resource 1-52 Conservation Commission should attempt to eliminate duplication 1-53 between its Section 401 water quality certification program and the 1-54 review conducted by the United States Army Corps of Engineers; and, 1-55 be it further 1-56 RESOLVED, That it is the intent of the legislature that the 1-57 Texas Natural Resource Conservation Commission should amend its 1-58 rules to provide that, except where necessary to maintain 1-59 delegation or approval of a federally delegated or approved 1-60 program, the Texas Natural Resource Conservation Commission shall 1-61 waive Section 401 certification, in accordance with the authority 1-62 of the federal Clean Water Act, for those projects for which the 1-63 United States Army Corps of Engineers has conducted a review under 1-64 Section 404(b) of the Act (33 U.S.C. Section 1344); and, be it 2-1 further 2-2 RESOLVED, That it is the intent of the legislature that, if 2-3 some review is required to maintain delegation or approval of a 2-4 federally delegated or approved program, the Texas Natural Resource 2-5 Conservation Commission shall develop a review process in 2-6 compliance with approved water quality standards that is no more 2-7 stringent than specifically required by federal law that, to the 2-8 maximum extent practicable, implements acreage thresholds, 2-9 geographic limitations, expedited review processes, waivers of 2-10 project types, and similar provisions necessary to eliminate 2-11 duplication of federal activities, assist compliance by permit 2-12 applicants, and maintain the state's water quality standards; and, 2-13 be it further 2-14 RESOLVED, That it is the intent of the legislature that 2-15 savings that can be realized from eliminating duplication of United 2-16 States Army Corps of Engineers Section 404 permit evaluations shall 2-17 be utilized by the Texas Natural Resource Conservation Commission 2-18 to implement water quality protection and to take the appropriate 2-19 action to ensure that the state's water quality standards will be 2-20 attained and maintained in all state waters, without unnecessary 2-21 duplication with federal actions. 2-22 * * * * *