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.