H.B. 2529 78(R)    BILL ANALYSIS


H.B. 2529
By: Madden
Environmental Regulation
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Since 1951, the North Texas Municipal Water District (the District) has
played a valuable role in assisting many communities in North Central
Texas with water, wastewater and solid waste recycling and disposal
services. As owners and/or operators of solid waste recycling and disposal
facilities, transfer stations, wastewater treatment facilities, and a
water treatment facility, the District works closely with the Texas
Commission on Environmental Quality (TCEQ), formerly the Texas Natural
Resource Conservation Commission (TNRCC).  An exceptional strength of the
District is the ability to identify areas of improvement and implement
changes in coordination with TCEQ.  The District prides itself on being a
good steward of the environment and has a stellar record in connection
with securing permits and conducting ongoing operations. As an additional
component used to communicate with residents and businesses, the District
has worked to create citizen advisory panels at several of its facilities.
Through such a mechanism, discussions with the City of Melissa and other
interested parties with respect to the best design of a  proposed 121
Regional Disposal Facility (RDF) has resulted in consensus being reached
on what will support the continuing rapid growth of the region.
Panelists, comprised of representatives from taxing jurisdictions,
planning bodies and a local community group, are continuing to review ways
to utilize hundreds of acres around what will be the facility's
operational site. Discussions have included such recreational
opportunities as parks and an equestrian center, as well as a new school
and a fire station. Aside from operating existing facilities and
constructing new ones, the District has for many years acquired older,
antiquated operations from small and medium sized communities whose
budgetary constraints prohibited costly improvements or replacements
required by current environmental regulations.  This critical role in
rural and smaller communities in North Texas has been especially helpful
given the unprecedented growth of the region. 

In order to promote this assumption of responsibility for upgrading and
perpetuating a struggling or failing entity's services, it is advisable to
insure that the incorporating entity is protected from pre-existing
citations and/or fines for prior violations or violations subsequent to
taking over the subordinate entity precipitated by the non-compliant
operations of that now defunct entity.  This bill requires that the TCEQ
suspend enforcement action against the service being integrated for 36
months from the date when a regional service first assumes direct control
over or any duty of the integrating service, after which time the issuing
of citations and assessing of fines or other penalties for compliance
violations may resume. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 




 

ANALYSIS

House Bill 2529 directs the Texas Commission on Environmental Quality to
suspend enforcement action against a water supply, sewer, wastewater
treatment, or solid waste disposal service being integrated by a regional
authority for 36 months from the date when a regional service first
assumes direct control over or any duty of the integrating service, after
which time the issuing of citations and assessing of fines or other
penalties for compliance violations may resume. 


EFFECTIVE DATE

Upon passage, or, if the Act receives does not receive the necessary vote,
the act takes effect September 1, 2003.