83R2856 SLB-F

By: Martinez H.B. No. 3289

A BILL TO BE ENTITLED

AN ACT

relating to the licensing of professionals engaged in Texas pollutant discharge elimination system-related stormwater activity.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter K, Chapter 26, Water Code, is amended by adding Section 26.457 to read as follows:

Sec. 26.457. TPDES-RELATED STORMWATER PROFESSIONALS; ADVISORY BOARD. (a) In this section:

(1) "Stormwater" means rainfall runoff, including snow or ice melt during a rain event.

(2) "TPDES" means the Texas pollutant discharge elimination system.

(3) "TPDES-related stormwater activity" means professional, laboratory, training, contracting, or other services relating to the planning, development, implementation, inspection, construction, or monitoring of a stormwater pollution prevention project or activity requiring a permit issued by the commission under the TPDES.

(4) "TPDES-related stormwater professional" means a person who engages in TPDES-related stormwater activity and is required to be licensed under Subsection (b).

(b) A person who engages in a TPDES-related stormwater activity must hold a license issued by the commission under Chapter 37.

(c) The commission shall appoint a TPDES-related stormwater professionals advisory board to guide, advise, and make recommendations to the commission about matters related to licensing of TPDES-related stormwater professionals. The advisory board is composed of:

(1) five members who are licensed as TPDES-related stormwater professionals, of whom at least four members must also be licensed as professional engineers with experience in civil engineering;

(2) two members who are active members of an organization promoting environmental protection; and

(3) two members who are active members of an organization promoting business interests.

(d) Section 2110.008, Government Code, does not apply to the advisory board under Subsection (c).

SECTION 2. Section 37.002, Water Code, is amended to read as follows:

Sec. 37.002. RULES. The commission shall adopt any rules necessary to:

(1) establish occupational licenses and registrations prescribed by Sections 26.0301, 26.3573, 26.452, [and] 26.456, and 26.457 of this code, Sections 341.033, 341.034, 361.027, and 366.071, Health and Safety Code, and Section 1903.251, Occupations Code;

(2) establish classes and terms of occupational licenses and registrations; and

(3) administer the provisions of this chapter and other laws governing occupational licenses and registrations under the commission's jurisdiction.

SECTION 3. Section 37.003, Water Code, is amended to read as follows:

Sec. 37.003. LICENSE OR REGISTRATION REQUIRED. A person may not engage in a business, occupation, or profession described by Section 26.0301, 26.3573, 26.452, [or] 26.456, or 26.457 of this code, Section 341.033, 341.034, 361.027, 366.014, or 366.071, Health and Safety Code, or Section 1903.251, Occupations Code, unless the person holds the appropriate license or registration issued by the commission.

SECTION 4. (a) Not later than January 1, 2014, the Texas Commission on Environmental Quality shall appoint the initial members of the TPDES-related stormwater professionals advisory board established under Section 26.457, Water Code, as added by this Act. Notwithstanding Section 26.457(c)(1), Water Code, as added by this Act, the initial members of the advisory board who are appointed under that subdivision are not required to be licensed as TPDES-related stormwater professionals but are required to be licensed as professional engineers with experience related to the implementation by this state of the national pollutant discharge elimination system stormwater program.

(b) Not later than January 1, 2015, the Texas Commission on Environmental Quality, in consultation with the TPDES-related stormwater professionals advisory board established under Section 26.457, Water Code, as added by this Act, shall adopt the rules required to implement the licensure of TPDES-related stormwater professionals under Section 37.003, Water Code, as amended by this Act.

(c) Notwithstanding Section 26.457, Water Code, as added by this Act, a person employed as a TPDES-related stormwater professional is not required to hold a license under Section 26.457, Water Code, as added by this Act, and is not subject to the imposition of a penalty for not holding a license under that section before January 1, 2016.

(d) The Texas Commission on Environmental Quality shall administer the first examination for the licensure of TPDES-related stormwater professionals under the rules adopted by Section 37.002, Water Code, as amended by this Act, not later than June 1, 2015.

(e) The Texas Commission on Environmental Quality shall publish the first roster of TPDES-related stormwater professionals as required by Section 37.014, Water Code, not later than January 1, 2016.

SECTION 5. (a) Before June 1, 2015, the Texas Commission on Environmental Quality shall issue a TPDES-related stormwater professional license required by Section 26.457, Water Code, as added by this Act, to a person if the person submits an application, a fee, and any other materials required by the commission and:

(1) has at least three years of applicable experience relating to the Texas pollutant discharge elimination system stormwater program, including a minimum of two years in responsible charge;

(2) holds a bachelor's or graduate degree from an accredited college or university in a science or engineering field relating to the Texas pollutant discharge elimination system stormwater program;

(3) is a licensed professional engineer or a licensed architect;

(4) has a high school diploma or its equivalent and has seven years of applicable experience relating to the Texas pollutant discharge elimination system stormwater program, including a minimum of six years in responsible charge;

(5) holds an associate's degree from an accredited college in a science or engineering field relating to the Texas pollutant discharge elimination system stormwater program, and has two years of related experience, including a minimum of one year in responsible charge; or

(6) is a licensed geologist with two years of applicable experience relating to the Texas pollutant discharge elimination system stormwater program, including a minimum of one year in responsible charge.

(b) A license issued under this section is valid for two years and may be renewed in the same manner as a license issued to a person under the rules adopted by Section 37.002, Water Code, as amended by this Act.

SECTION 6. This Act takes effect September 1, 2013.