79R18386 SLO-F
By: Armbrister S.B. No. 1858
Substitute the following for S.B. No. 1858:
By: Smith of Harris C.S.S.B. No. 1858
A BILL TO BE ENTITLED
AN ACT
relating to the authority of local governments to enforce a water
pollution control and abatement program and establish standards and
practices for water quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 26.177, Water Code, is
amended to read as follows:
Sec. 26.177. WATER POLLUTION CONTROL DUTIES OF LOCAL
GOVERNMENTS [CITIES].
SECTION 2. Section 26.177, Water Code, is amended by
amending Subsections (a), (b), (c), (d), (f), and (g) and adding
Subsection (i) to read as follows:
(a) Except as provided by Subsection (i), and
notwithstanding any other law, a local government [A city] may
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 commission
pollution and degradation standards and practices and with
commission rules. A local government does not have independent
authority to regulate water quality, issue permits, or establish
standards or practices for water quality [city]. If the watershed
water quality assessment reports required by Section 26.0135 or
other commission assessments or studies identify water pollution
that is attributable to non-permitted sources in a city that has a
population of 10,000 or more or in the territorial area of any other
local government, the commission, after providing the city or other
local government a reasonable time to correct the problem and after
holding a public hearing, may require the city or other local
government to establish a water pollution control and abatement
program. The local government [city] shall employ or retain an
adequate number of personnel on either a part-time or full-time
basis as the needs and circumstances of the local government [city]
may require, who by virtue of their training or experience are
qualified to perform the water pollution control and abatement
functions required to enable the local government [city] to carry
out its duties and responsibilities under this section.
(b) The water pollution control and abatement program of a
local government [city] shall encompass the entire territorial area
of the local government. A water pollution control and abatement
program adopted by a city [and, subject to Section 26.179 of this
code,] may include only those areas within its extraterritorial
jurisdiction that are not located within a county that has adopted a
water pollution control and abatement program and that [which] in
the judgment of the city should be included to enable the city to
achieve the objectives of the city for the area within its
territorial jurisdiction. 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 shall be removed from the city's program and shall be
subject only to the county's water pollution control and abatement
program. A local government [The city] shall include in the program
the services and functions [which, in the judgment of the city or]
as may be reasonably required by the commission to ensure
compliance with pollution and degradation standards and practices
adopted by the commission[, will provide effective water pollution
control and abatement for the city], including the following
services and functions:
(1) the development and maintenance of an inventory of
all significant waste discharges into or adjacent to the water
within the territorial area of the local government [city] and,
where a [the] city so elects, within the extraterritorial
jurisdiction of the city, without regard to whether or not the
discharges are authorized by the commission;
(2) the regular monitoring of all significant waste
discharges included in the inventory prepared pursuant to
Subdivision (1) of this subsection;
(3) the collecting of samples and the conducting of
periodic inspections and tests of the waste discharges being
monitored to determine whether the discharges are being conducted
in compliance with this chapter and any applicable permits, orders,
or rules of the commission, and whether they should be covered by a
permit from the commission;
(4) in cooperation with the commission, a procedure
for obtaining compliance by the waste dischargers being monitored,
including where necessary the use of legal enforcement proceedings;
(5) the development and execution of reasonable and
realistic plans for ensuring compliance with state water quality
standards and practices adopted by the commission for controlling
and abating pollution or potential pollution resulting from
generalized discharges of waste which are not traceable to a
specific source, such as storm sewer discharges and urban runoff
from rainwater; and
(6) any additional services, functions, or other
requirements as may be prescribed by commission rule.
(c) The water pollution control and abatement program
authorized or required by Subsections (a) and (b) [of this section]
must be submitted to the commission for review and approval. A
water pollution control and abatement program is not effective, and
may not be enforced, until the commission approves the program. The
commission shall [may] adopt rules providing the criteria for the
establishment of those programs and the review and approval of
those programs.
(d) Any person affected by any ruling, order, decision,
ordinance, program, resolution, or other act of a local government
[city] relating to water pollution control and abatement outside
the jurisdictional [corporate] limits of such local government
[city] adopted pursuant to this section or any other statutory
authorization may appeal such action to the commission or district
court. An appeal must be filed with the commission within 60 days
of the enactment of the ruling, order, decision, ordinance,
program, resolution, or act of the local government [city]. The
issue on appeal is whether the action or program is invalid,
arbitrary, unreasonable, inefficient, or ineffective in its
attempt to ensure compliance with the pollution and degradation
standards and practices adopted by the commission [control water
quality]. The commission or district court may overturn or modify
the action of the local government [city]. If an appeal is taken
from a commission ruling, the commission ruling shall be in effect
for all purposes until final disposition is made by a court of
competent jurisdiction so as not to delay any permit approvals.
(f) A city or county may contract with a river authority or
another political subdivision to perform any or all services and
functions that are part of a water pollution control and abatement
program established under this section.
(g) The commission may assist local governments [cities] in
identifying and obtaining funds and technical assistance that may
be available to assist a local government [city], or a river
authority or other political subdivision with whom a city or county
has contracted, in performing any or all of the services or
functions that are part of a water pollution control and abatement
program established under this section.
(i) The commission shall adopt rules allowing the
establishment of regional water pollution control and abatement
programs. A regional water pollution control and abatement program
may be established in accordance with commission rules by three or
more contiguous counties and each local government within the
region that agrees to enforce the program. A local government
within the region may perform the services and functions described
by Subsections (b)(1) through (6) in accordance with the regional
water pollution control and abatement program adopted by the
region. A regional water pollution control and abatement program
must be approved by the commission to ensure that the program has
been adopted in accordance with commission rules and meets or
exceeds water pollution and degradation standards and practices
adopted by the commission.
SECTION 3. Not later than September 1, 2006, the Texas
Commission on Environmental Quality shall adopt rules necessary
for administering Section 26.177, Water Code, as amended by this
Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.