HBA-NMO H.B. 2588 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2588
By: Counts
Natural Resources
3/15/1999
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes the Texas Natural Resource Conservation Commission
(TNRCC) to develop, prepare, and revise a water quality management plans.
Federal regulations, which became applicable when the Texas Pollutant
Discharge Elimination System (TPDES) authorization was granted in
September, 1998, require that TPDES permits be consistent with a
state-prepared, federally approved water quality management plan.
Accordingly, issuance of many TPDES permits may occur only after the Texas
water quality management plan is revised by TNRCC.  

Current law requires that a water quality management plan developed or
revised by the executive director of TNRCC (director) be submitted to TNRCC
for approval following a public hearing.  Such a requirement, in light of
TPDES, if followed for each update of the state's water quality management
plan, may significantly increase the time required for approval of permits
and revision of the water quality management plan.    

H.B. 2588 redelegates the task of developing, preparing, revising and
approving the water quality management plan from TNRCC to the executive
director and provides for public participation outside of a formal hearing
process. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Natural Resource Conservation
Commission in SECTION 2 (Section 26.037, Water Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 26.036(b), Water Code, to delete reference to
the Texas Natural Resource Conservation Commission (TNRCC), in effect
redelegating from TNRCC to the executive director of TNRCC (executive
director) the task of developing, preparing, and revising water quality
management plans for areas designated by TNRCC.  

SECTION 2.  Amends Section 26.037, Water Code, to authorize the executive
director to approve water quality management plans and revisions after a
public participation opportunity has been provided that at a minimum meets
federal public participation requirements.  Requires that approval of water
quality management plans shall be consistent with applicable state and
federal requirements. Authorizes TNRCC to adopt rules governing approval of
water quality management plans.  Deletes language requiring that water
quality management plans be submitted to TNRCC for  public hearing and
approval.  Deletes the Federal Water Quality Administration from the list
of entities to which an approved plan is authorized to be furnished.  Makes
conforming changes. 

SECTION 3.Emergency clause.
  Effective date: upon passage.