Texas 2017 - 85th Regular

Texas Senate Bill SB2026 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Rodríguez S.B. No. 2026
	2	+	(In the Senate - Filed March 10, 2017; March 27, 2017, read
	3	+	first time and referred to Committee on Agriculture, Water & Rural
	4	+	Affairs; May 3, 2017, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 6, Nays 0; May 3, 2017,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 2026 By: Creighton
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to a biennial report on stormwater infrastructure in this
7	14		state.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Subchapter D, Chapter 5, Water Code, is amended
10	17		by adding Section 5.136 to read as follows:
11	18		Sec. 5.136. BIENNIAL REPORT ON STORMWATER INFRASTRUCTURE.
12	19		(a) In this section, the term "green stormwater infrastructure,"
13	20		also known as "low impact development," means systems and practices
14	21		that:
15	22		(1) use or mimic natural processes that result in the
16	23		infiltration, evapotranspiration, treatment, or use of stormwater;
17	24		(2) manage stormwater, protect water quality and
18	25		associated habitat, or augment or replace conventional engineered
19	26		stormwater systems;
20	27		(3) meet local requirements for postdevelopment
21	28		stormwater retention and detention and erosion management; and
22	29		(4) are considered best management practices.
23	30		(b) Each state fiscal biennium the commission shall appoint
24	31		a Green Stormwater Infrastructure and Low Impact Development Report
25	32		Group to prepare a report on the use of green stormwater
26	33		infrastructure and low impact development in this state. Each
27	34		group must be composed of 10 members appointed by the commission,
28	35		with one member to represent each of the following:
29	36		(1) counties;
30	37		(2) municipalities;
31	38		(3) special districts that have land development
32	39		authority or provide water or wastewater services;
33	40		(4) academic university programs related to land
34	41		development;
35	42		(5) businesses engaged in real estate development;
36	43		(6) civil engineers;
37	44		(7) landscape architects;
38	45		(8) environmental groups;
39	46		(9) professional organizations focused on water
40	47		conservation; and
41	48		(10) vendors and providers of green stormwater
42	49		infrastructure and low impact development systems or practices.
43	50		(c) The commission shall solicit nominations for group
44	51		members from the entities listed in Subsection (b). The commission
45	52		may not appoint a person to serve as a group member representing a
46	53		type of entity unless the person is nominated by a representative of
47	54		that type of entity.
48	55		(d) Each report must include:
49	56		(1) a list of each county, municipality, and special
50	57		district with land development authority that allows the use of
51	58		green stormwater infrastructure and low impact development in land
52	59		development projects in the county, municipal, or district
53	60		territory;
54	61		(2) estimates of:
55	62		(A) the number of private and public projects and
56	63		sites in this state that use green stormwater infrastructure and
57	64		low impact development;
58	65		(B) the amount of stormwater that is managed by
59	66		the green stormwater infrastructure and low impact development
60	67		features described in Paragraph (A); and
61	68		(C) the amount of money invested in the green
62	69		stormwater infrastructure and low impact development features
63	70		described in Paragraph (A);
64	71		(3) a monetized assessment of the social, economic,
65	72		and environmental benefits realized by the use of green stormwater
66	73		infrastructure and low impact development in this state;
67	74		(4) an assessment of typical impediments to the use of
68	75		green stormwater infrastructure and low impact development in local
69	76		development codes;
70	77		(5) an assessment of impediments in the law and
71	78		policies of this state to the use of green stormwater
72	79		infrastructure and low impact development; and
73	80		(6) recommendations to encourage increased use and
74	81		deployment of green stormwater infrastructure and low impact
75	82		development in this state.
76	83		(e) The commission shall:
77	84		(1) publicly solicit information to support the
78	85		preparation of the report; and
79	86		(2) cooperate with the group in providing information
80	87		or access to information.
81	88		(f) The group shall:
82	89		(1) conduct at least one meeting to receive input on
83	90		the preparation of the report;
84	91		(2) prepare a draft report;
85	92		(3) publish the draft report and solicit comments on
86	93		the draft report;
87	94		(4) prepare a response-to-comments document and
88	95		finalize the report; and
89	96		(5) not later than January 1 of the second year of the
90	97		state fiscal biennium, submit the final report to:
91	98		(A) each member of the commission;
92	99		(B) the governor;
93	100		(C) the lieutenant governor;
94	101		(D) the speaker of the house of representatives;
95	102		and
96	103		(E) each member of the legislature.
97	104		SECTION 2. (a) The Texas Commission on Environmental
98	105		Quality shall appoint the members of the first Green Stormwater
99	106		Infrastructure and Low Impact Development Report Group under
100	107		Section 5.136, Water Code, as added by this Act, in a timely manner
101	108		to ensure that the group is able to prepare the report by January 1,
102	109		2019.
103	110		(b) Notwithstanding Section 5.136(d), Water Code, as added
104	111		by this Act, the first biennial report prepared by the Green
105	112		Stormwater Infrastructure and Low Impact Development Report Group
106	113		is required to include only information described by Section
107	114		5.136(d), Water Code, as added by this Act, that the Texas
108	115		Commission on Environmental Quality requires to be in the report.
109	116		SECTION 3. This Act takes effect immediately if it receives
110	117		a vote of two-thirds of all the members elected to each house, as
111	118		provided by Section 39, Article III, Texas Constitution. If this
112	119		Act does not receive the vote necessary for immediate effect, this
113	120		Act takes effect September 1, 2017.
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