SRC-JEC H.B. 2887 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2887
78R12657 MI-DBy: Van Arsdale (Lindsay)
Natural Resources
5/15/2003
Engrossed


DIGEST AND PURPOSE 

Federal and state environmental regulations require water districts and
other entities to install erosion and sediment controls during a
construction project.  These controls are temporary measures designed to
reduce the amount of storm water flow while the construction is in
process. 

To comply with these requirements, most entities, including districts,
contract with professionals to install, inspect, and remove the control
devices as well as certify compliance with federal and state laws. Most of
these contracts are in the range of $15,000 to $20,000 and rarely exceed
$50,000.  Because complying with the storm water management regulations
requires control measures to be installed (i.e., silt fencing), some
districts are concerned this would involve construction, even though the
measures are temporary, and, as such, would trigger competitive bidding
requirements.  

H.B. 2887 clarifies that a district regulated by Chapter 49 of the Water
Code may contract directly for services related to complying with
construction storm water management regulations without receiving
competitive bids.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 49.278(a), Water Code, to provide that this
subchapter does not apply to contracts for services related to compliance
with a state or federal construction storm water requirement, including
acquisition of permits, construction, repair, and removal of temporary
erosion control devices, cleaning of silt and debris from streets and
storm sewers, monitoring of construction sites, and preparation and filing
of all required reports. 

SECTION 2.    (a)  Effective date:  upon passage or September 1, 2003.

   (b)  Makes application of this Act prospective.