S.B. 1729 78(R)    BILL ANALYSIS


S.B. 1729
By: Lindsay
Natural Resources
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Federal and State environmental regulations require 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 only rarely
will 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 that this would involve
construction, even though the measures are temporary, and, as such, would
trigger the competitive bidding requirements.  

SB 1729 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

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

SECTION 1.  Amends Chapter 49 of the Water Code by adding Section 49.278:

(6) provides that the subsection does not apply to services or contract
for services related to compliance with any State or Federal construction
storm water requirements and specifically lists those services. 
  
SECTION 2.  Effective Date.

EFFECTIVE DATE


On passage, or if the Act does not receive the necessary vote, the Act
takes effect on September 1, 2003. 

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 specifies that the change in law made by this
Act applies only to a contract executed on or after the effective date of
this Act.