80R6260 SLO-F

By: Hegar S.B. No. 1675

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, 2007, and enforce a water pollution control and abatement program adopted before June 1, 2007, 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 five or more contiguous counties and each city in that multi-county region that agrees to enforce the program. A local government in 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 water pollution and degradation standards and practices adopted by the commission.

SECTION 3. Not later than September 1, 2008, 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, 2007.