BILL ANALYSIS
By: Armbrister
Committee Report (Substituted)
BACKGROUND AND PURPOSE
C.S.S.B. 1858 clarifies the relative roles of different levels of government relating to development and enforcement of water pollution control and abatement programs. It allows local governmental entities to enforce such programs adopted before June 1, 2005, only relating to compliance with the Texas Commission on Environmental Quality's (TCEQ) rules, standards, and practices relating to pollution and degradation programs. The bill states that it is the policy of this state that different areas of the state have unique environmental and geological features, and the TCEQ should recognize the needs of unique areas by establishing separate sets of local water pollution control rules for unique areas, including the Edwards Aquifer recharge zone.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the Texas Commission on Environmental Quality in SECTIONS 2 and 3 of this bill.
ANALYSIS
C.S.S.B. 1858 amends the Water Code to authorize a local government to establish a water pollution control and abatement program for the territorial area of the local government on or after June 1, 2005, and enforce a water pollution control and abatement program adopted before June 1, 2005, only to ensure compliance with the Texas Commission on Environmental Quality (TCEQ) pollution and degradation standards and practices and with TCEQ rules. The bill provides that a local government does not have independent authority to regulate water quality, issue permits, or establish standards or practices for water quality.
The bill requires the water pollution control and abatement program of a local government to encompass the entire territorial area of the local government. The bill authorizes a water pollution control and abatement program adopted by a city to include only those areas within its territorial jurisdiction that are not located within a county that has adopted a water pollution control and abatement program.
The bill provides that if a city adopts a water pollution control and abatement program and a county later adopts a water pollution control and abatement program that includes any part of the extraterritorial jurisdiction included within the city's program, that portion of the city's extraterritorial jurisdiction automatically will be removed from the city's program and will be subject only to the county's water pollution control program.
The bill requires a local government to include in the program the services and functions as may be reasonably required by the TCEQ to ensure compliance with pollution and degradation standards and practices as adopted by the TCEQ. Current law requires the city to include services which in the judgment of the city will provide effective water pollution control and abatement for the city. In the list of required services and function, the bill requires the development and execution of reasonable and realistic plans or ensuring compliance with state water quality standards and practices adopted by the TCEQ. The bill provides that a water pollution control and abatement program is not effective and may not be enforced until the TCEQ approves the program.
The bill requires, rather than authorizes, the TCEQ to adopt rules providing the criteria for the establishment of water pollution control and abatement programs and the review and approval of those programs.
The bill specifies on an appeal of an act of a local government relating to water pollution control and abatement outside their jurisdictional limits, the issue on appeal is whether the action or program is invalid to ensure compliance with the pollution and degradation standards and practices adopted by the TCEQ. The bill adds authority for a county to contract with a river authority or another political subdivision to perform any services that are part of a water pollution control and abatement program.
The bill requires the TCEQ to adopt rules allowing the establishment of regional water pollution control and abatement programs. The bill authorizes the establishment of a regional water pollution control and abatement program in accordance with TCEQ rules by three or more contiguous counties and each local government with the region that agrees to enforce the program. The bill authorizes a local government within the region to perform the services and functions of the regional water pollution control and abatement program in accordance with the regional water pollution control and abatement program adopted by the region. The bill requires a regional water pollution control and abatement program to be approved by the TCEQ to ensure that the program has been adopted in accordance with TCEQ rules and meets or exceeds water pollution and degradation standards and practices adopted by the TCEQ.
The bill requires the TCEQ to adopt rules necessary for administering these provisions by September 1, 2006.
EFFECTIVE DATE
If the Act does not receive the vote necessary for immediate effect, then the Act takes effect September 1, 2005.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute provides that a local government does not have independent authority to regulate water quality, issue permits, or establish standards or practices for water quality.
The substitute provides that if a city adopts a water pollution control and abatement program and a county later adopts a water pollution control and abatement program that includes any part of the extraterritorial jurisdiction included within the city's program, that portion of the city's extraterritorial jurisdiction automatically will be removed from the city's program and will be subject only to the county's water pollution control program. In the original bill the more stringent water pollution control and abatement program prevails.
The substitute removes language that specifies that water pollution control and abatement programs that are submitted to TCEQ for review and approval are done so to ensure compliance with minimum standards set by the TCEQ. The substitute removes language that provides that a water pollution control and abatement program that is in effect before June 1, 2005, is effective and may be enforced pending commission review and approval. The substitute removes language that provides that a water pollution control and abatement program adopted on or after June 1, 2005, is not effective, and may not be enforced, until the TCEQ approves the program. The substitute provides that a water pollution control and abatement program is not effective and may not be enforced until the TCEQ approves the program.
The substitute removes language that provides that a water pollution control and abatement program is effective, and may be enforced, before the commission approves the program if the local government includes a finding of fact in the program that the imminent threat of degradation to the waters within the territorial area of the local government requires the program to be implemented immediately.
The substitute removes language that provides that the provisions of the Water Code relating to the water pollution control duties of local governments may not be construed to prevent a local government from establishing a water pollution control abatement program that is more stringent than minimum state water quality standards and practices or other pollution and degradation standards and practices adopted by the commission. The substitute removes language that requires the TCEQ to review and consider for approval a local government water pollution control plan that at least meets minimum standards adopted by the TCEQ. The substitute removes language that states that it is the policy of this state that different areas of the state have unique environmental and geological features, and the TCEQ should recognize the needs of unique areas by establishing separate sets of local water pollution control rules for unique areas, including the Edwards Aquifer recharge zone.
The substitute requires the TCEQ to adopt rules allowing the establishment of regional water pollution control and abatement programs. The substitute authorizes the establishment of a regional water pollution control and abatement program in accordance with TCEQ rules by three or more contiguous counties and each local government with the region that agrees to enforce the program. The substitute authorizes a local government within the region to perform the services and functions of the regional water pollution control and abatement program in accordance with the regional water pollution control and abatement program adopted by the region. The substitute requires a regional water pollution control and abatement program to be approved by the TCEQ to ensure that the program has been adopted in accordance with TCEQ rules and meets or exceeds water pollution and degradation standards and practices adopted by the TCEQ.
The substitute requires the TCEQ to adopt rules necessary for administering these provisions by September 1, 2006.