Texas 2017 - 85th Regular

Texas House Bill HB1536 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R22730 JXC-D
2	2	By: Farrar H.B. No. 1536
3	3	Substitute the following for H.B. No. 1536:
4	4	By: Larson C.S.H.B. No. 1536
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a biennial report on stormwater infrastructure in this
10	10	state.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter D, Chapter 5, Water Code, is amended
13	13	by adding Section 5.136 to read as follows:
14	14	Sec. 5.136. BIENNIAL REPORT ON STORMWATER INFRASTRUCTURE.
15	15	(a) In this section, the term "green stormwater infrastructure,"
16	16	also known as "low impact development," means systems and practices
17	17	that:
18	18	(1) use or mimic natural processes that result in the
19	19	infiltration, evapotranspiration, treatment, or use of stormwater;
20	20	(2) manage stormwater, protect water quality and
21	21	associated habitat, or augment or replace conventional engineered
22	22	stormwater systems;
23	23	(3) meet local requirements for post-development
24	24	stormwater retention and detention and erosion management; and
25	25	(4) are considered best management practices.
26	26	(b) Each state fiscal biennium the commission shall appoint
27	27	a Green Stormwater Infrastructure and Low Impact Development Report
28	28	Group to prepare a report on the use of green stormwater
29	29	infrastructure and low impact development in this state. Each
30	30	group must be composed of 10 members appointed by the commission,
31	31	with one member to represent each of the following:
32	32	(1) counties;
33	33	(2) municipalities;
34	34	(3) special districts that have land development
35	35	authority or provide water or wastewater services;
36	36	(4) academic university programs related to land
37	37	development;
38	38	(5) businesses engaged in real estate development;
39	39	(6) civil engineers;
40	40	(7) landscape architects;
41	41	(8) environmental groups;
42	42	(9) professional organizations focused on water
43	43	conservation; and
44	44	(10) vendors and providers of green stormwater
45	45	infrastructure and low impact development systems or practices.
46	46	(c) The commission shall solicit nominations for group
47	47	members from the entities listed in Subsection (b). The commission
48	48	may not appoint a person to serve as a group member representing a
49	49	type of entity unless the person is nominated by a representative of
50	50	that type of entity.
51	51	(d) Each report must include:
52	52	(1) a list of each county, municipality, and special
53	53	district with land development authority that allows the use of
54	54	green stormwater infrastructure and low impact development in land
55	55	development projects in the county, municipal, or district
56	56	territory;
57	57	(2) estimates of:
58	58	(A) the number of private and public projects and
59	59	sites in this state that use green stormwater infrastructure and
60	60	low impact development;
61	61	(B) the amount of stormwater that is managed by
62	62	the green stormwater infrastructure and low impact development
63	63	features described in Paragraph (A); and
64	64	(C) the amount of money invested in the green
65	65	stormwater infrastructure and low impact development features
66	66	described in Paragraph (A);
67	67	(3) a monetized assessment of the social, economic,
68	68	and environmental benefits realized by the use of green stormwater
69	69	infrastructure and low impact development in this state;
70	70	(4) an assessment of typical impediments to the use of
71	71	green stormwater infrastructure and low impact development in local
72	72	development codes;
73	73	(5) an assessment of impediments in the law and
74	74	policies of this state to the use of green stormwater
75	75	infrastructure and low impact development; and
76	76	(6) recommendations to encourage increased use and
77	77	deployment of green stormwater infrastructure and low impact
78	78	development in this state.
79	79	(e) The commission shall:
80	80	(1) publicly solicit information to support the
81	81	preparation of the report; and
82	82	(2) cooperate with the group in providing information
83	83	or access to information.
84	84	(f) The group shall:
85	85	(1) conduct at least one meeting to receive input on
86	86	the preparation of the report;
87	87	(2) prepare a draft report;
88	88	(3) publish the draft report and solicit comments on
89	89	the draft report;
90	90	(4) prepare a response-to-comments document and
91	91	finalize the report; and
92	92	(5) not later than January 1 of the second year of the
93	93	state fiscal biennium, submit the final report to:
94	94	(A) each member of the commission;
95	95	(B) the governor;
96	96	(C) the lieutenant governor;
97	97	(D) the speaker of the house of representatives;
98	98	and
99	99	(E) each member of the legislature.
100	100	SECTION 2. (a) The Texas Commission on Environmental
101	101	Quality shall appoint the members of the first Green Stormwater
102	102	Infrastructure and Low Impact Development Report Group under
103	103	Section 5.136, Water Code, as added by this Act, in a timely manner
104	104	to ensure that the group is able to prepare the report by January 1,
105	105	2019.
106	106	(b) Notwithstanding Section 5.136(d), Water Code, as added
107	107	by this Act, the first biennial report prepared by the Green
108	108	Stormwater Infrastructure and Low Impact Development Report Group
109	109	is required to include only information described by Section
110	110	5.136(d), Water Code, as added by this Act, that the Texas
111	111	Commission on Environmental Quality requires to be in the report.
112	112	SECTION 3. This Act takes effect immediately if it receives
113	113	a vote of two-thirds of all the members elected to each house, as
114	114	provided by Section 39, Article III, Texas Constitution. If this
115	115	Act does not receive the vote necessary for immediate effect, this
116	116	Act takes effect September 1, 2017.