By Armbrister                                          S.R. No. 928
         76R15371 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 Senate of the 76th Texas Legislature
 2-3     hereby direct the Texas Natural Resource Conservation Commission to
 2-4     delay the effective date of the adopted rules until January 1,
 2-5     2001, to facilitate discussion of the new rules, finalize and
 2-6     distribute a guidance document on the rules, and provide outreach
 2-7     and information to the regulated community to facilitate compliance
 2-8     with these important regulations; and, be it further
 2-9           RESOLVED, That the Senate of the 76th Texas Legislature
2-10     hereby direct the Texas Natural Resource Conservation Commission to
2-11     convene a select committee on the Edwards Aquifer region to review
2-12     the need for and the potential effectiveness, efficiency, and
2-13     economic impacts of regulations adopted by the commission that
2-14     apply to regulated activities, as well as activities in the
2-15     contributing zone, that have not taken effect as of January 1,
2-16     1998; and, be it further
2-17           RESOLVED, That the composition of the select committee shall
2-18     include:
2-19                 (1)  one representative of the commission;
2-20                 (2)  one representative appointed by the county judge
2-21     of each of the following counties: Comal, Kinney, Medina, and
2-22     Uvalde;
2-23                 (3)  two representatives appointed by the county judge
2-24     of each of the following counties: Bexar, Hays, Travis, and
2-25     Williamson;
2-26                 (4)  three members appointed by the commission as
2-27     follows:
 3-1                       (A)  one representative of the residential
 3-2     building industry who resides in a county that is part of the
 3-3     Edwards Aquifer region;
 3-4                       (B)  one registered professional engineer who
 3-5     regularly designs subdivisions with stormwater infrastructure
 3-6     within the Edwards Aquifer region; and
 3-7                       (C)  one representative of a nonprofit
 3-8     organization that is dedicated to environmental conservation;
 3-9                 (5)  one representative of a statewide nonprofit
3-10     organization dedicated to water resources management;
3-11                 (6)  one representative of the Texas Department of
3-12     Transportation;
3-13                 (7)  one representative of the Texas Parks and Wildlife
3-14     Department;
3-15                 (8)  one representative of the Texas Water Development
3-16     Board; and
3-17                 (9)  the commission shall invite the United States Fish
3-18     and Wildlife Service to designate a representative to serve on the
3-19     committee; and, be it further
3-20           RESOLVED, That the select committee shall assist in the
3-21     continuing evaluation of the Edwards Aquifer Authority rules, with
3-22     specific emphasis on the cost of implementing and maintaining
3-23     permanent best management practices and their effectiveness in
3-24     controlling pollution of the Edwards Aquifer; and, be it further
3-25           RESOLVED, That the select committee shall be constituted no
3-26     later than June 30, 1999, and shall hold its first meeting no later
3-27     than July 15, 1999; and, be it further
 4-1           RESOLVED, That the select committee shall submit a report,
 4-2     including findings and recommendations, to the governor, the TNRCC,
 4-3     and the Texas Legislature not later than December 31, 2000.