SRC-ARR, PNG C.S.S.C.R. 56 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.C.R. 56
By: Lindsay
Natural Resources
4/14/1999
Committee Report (Substituted)


DIGEST 

Currently, the federal Clean Water Act contains a comprehensive program for
protecting our nation's waters.  Under Section 404 of the Act, the U.S.
Army Corps of Engineers regulates the discharge of dredged and fill
materials to waters of the United States, including wetlands. Wetlands are
waters of the state that are particularly valuable in functioning to help
maintain and improve the quality of neighboring waters and in providing
habitat for aquatic and aquatic-dependent life. The preservation of
wetlands and their functions is a priority goal of this state.  Section 401
of the Act recognizes a state role in water quality regulation by providing
that states may grant, deny, or waive certification that a proposed
activity complies with applicable state water quality standards.  The Texas
Natural Resource Conservation Commission (TNRCC) has revised its approach
to Section 401 certification decisions recently, and is re-reviewing
federal permitting decisions on wetland habitat impacts.  This legislation
declares it to be the intent of the legislature that TNRCC should eliminate
duplication with the federal program and waive Section 401 certification
for projects already reviewed by the Corps of Engineers, except under
certain circumstances. 
 
PURPOSE

As proposed, C.S.S.C.R. 56 submits the following resolutions:

That it is the intent of the legislature that the Texas Natural Resource
Conservation Commission (TNRCC) should amend its rules to provide that,
except where necessary to maintain delegation or approval of a federally
delegated or approved program, TNRCC shall waive Section 401 certification,
in accordance with the authority of the federal Clean Water Act, for those
projects for which the United States Army Corps of Engineers has conducted
a review under Section 404(b) of the Act (33 U.S.C. Section 1344). 

That it is the intent of the legislature that, if some review is required
to maintain delegation or approval of a federally delegated or approved
program, TNRCC shall develop a review process in compliance with approved
water quality standards that is no more stringent than specifically
required by federal law that, to the maximum extent practicable, implements
acreage thresholds, geographic limitations, expedited review processes,
waivers of project types, and similar provisions necessary to eliminate
duplication of federal activities and assist compliance by permit
applicants and maintain the state's water quality standards.   

That it is the intent of the legislature that savings that can be realized
from eliminating duplication of the United States Army Corps of Engineers
Section 404 permit evaluations shall be utilized by TNRCC to implement
water quality protection and to take the appropriate action to ensure that
the state's water quality standards will be attained and maintained in all
state waters, without unnecessary duplication with federal actions.  

SUMMARY OF COMMITTEE CHANGES

Amends S.C.R. 56 on page 1, lines 19-23, regarding wetlands as waters of
the state that are particularly valuable to help maintain and improve the
quality of neighboring waters and in providing habitat for aquatic and
aquatic dependent life and preservation of wetlands is a goal of the state.

Amends page 3 line 18, regarding maintaining the state's water quality
standard and lines 2427, regarding implementing water quality protection.
Deletes text regarding the demands of the water protection program.