Texas 2019 - 86th Regular

Texas House Bill HB1059 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1059
	1	+	By: Lucio III (Senate Sponsor - Rodríguez) H.B. No. 1059
	2	+	(In the Senate - Received from the House May 2, 2019;
	3	+	May 3, 2019, read first time and referred to Committee on Water &
	4	+	Rural Affairs; May 19, 2019, reported favorably by the following
	5	+	vote: Yeas 7, Nays 0; May 19, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to a biennial report on stormwater infrastructure in this
6	12		state.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Subchapter D, Chapter 5, Water Code, is amended
9	15		by adding Section 5.136 to read as follows:
10	16		Sec. 5.136. BIENNIAL REPORT ON STORMWATER INFRASTRUCTURE.
11	17		(a) In this section, the term "green stormwater infrastructure,"
12	18		also known as "low impact development," means systems and practices
13	19		that:
14	20		(1) use or mimic natural processes that result in the
15	21		infiltration, evapotranspiration, treatment, or use of stormwater;
16	22		(2) manage stormwater, protect water quality and
17	23		associated habitat, or augment or replace conventional engineered
18	24		stormwater systems;
19	25		(3) meet local requirements for post-development
20	26		stormwater retention and detention and erosion management; and
21	27		(4) are considered best management practices.
22	28		(b) Each state fiscal biennium the commission shall appoint
23	29		a Green Stormwater Infrastructure and Low Impact Development Report
24	30		Group to prepare a report on the use of green stormwater
25	31		infrastructure and low impact development in this state. Each
26	32		group must be composed of 10 members appointed by the commission,
27	33		with one member to represent each of the following:
28	34		(1) counties;
29	35		(2) municipalities;
30	36		(3) special districts that have land development
31	37		authority or provide water or wastewater services;
32	38		(4) academic university programs related to land
33	39		development;
34	40		(5) businesses engaged in real estate development;
35	41		(6) civil engineers;
36	42		(7) landscape architects;
37	43		(8) environmental groups;
38	44		(9) professional organizations focused on water
39	45		conservation; and
40	46		(10) vendors and providers of green stormwater
41	47		infrastructure and low impact development systems or practices.
42	48		(c) The commission shall solicit nominations for group
43	49		members from the entities listed in Subsection (b). The commission
44	50		may not appoint a person to serve as a group member representing a
45	51		type of entity unless the person is nominated by a representative of
46	52		that type of entity.
47	53		(d) Each report must include:
48	54		(1) a list of each county, municipality, and special
49	55		district with land development authority that allows the use of
50	56		green stormwater infrastructure and low impact development in land
51	57		development projects in the county, municipal, or district
52	58		territory;
53	59		(2) estimates of:
54	60		(A) the number of private and public projects and
55	61		sites in this state that use green stormwater infrastructure and
56	62		low impact development;
57	63		(B) the amount of stormwater that is managed by
58	64		the green stormwater infrastructure and low impact development
59	65		features described in Paragraph (A); and
60	66		(C) the amount of money invested in the green
61	67		stormwater infrastructure and low impact development features
62	68		described in Paragraph (A);
63	69		(3) a monetized assessment of the social, economic,
64	70		and environmental benefits realized by the use of green stormwater
65	71		infrastructure and low impact development in this state;
66	72		(4) an assessment of typical impediments to the use of
67	73		green stormwater infrastructure and low impact development in local
68	74		development codes;
69	75		(5) an assessment of impediments in the law and
70	76		policies of this state to the use of green stormwater
71	77		infrastructure and low impact development; and
72	78		(6) recommendations to encourage increased use and
73	79		deployment of green stormwater infrastructure and low impact
74	80		development in this state.
75	81		(e) The commission shall:
76	82		(1) publicly solicit information to support the
77	83		preparation of the report; and
78	84		(2) cooperate with the group in providing information
79	85		or access to information.
80	86		(f) The group shall:
81	87		(1) conduct at least one meeting to receive input on
82	88		the preparation of the report;
83	89		(2) prepare a draft report;
84	90		(3) publish the draft report and solicit comments on
85	91		the draft report;
86	92		(4) prepare a response-to-comments document and
87	93		finalize the report; and
88	94		(5) not later than January 1 of the second year of the
89	95		state fiscal biennium, submit the final report to:
90	96		(A) each member of the commission;
91	97		(B) the governor;
92	98		(C) the lieutenant governor;
93	99		(D) the speaker of the house of representatives;
94	100		and
95	101		(E) each member of the legislature.
96	102		SECTION 2. (a) The Texas Commission on Environmental
97	103		Quality shall appoint the members of the first Green Stormwater
98	104		Infrastructure and Low Impact Development Report Group under
99	105		Section 5.136, Water Code, as added by this Act, in a timely manner
100	106		to ensure that the group is able to prepare the report by January 1,
101	107		2021.
102	108		(b) Notwithstanding Section 5.136(d), Water Code, as added
103	109		by this Act, the first biennial report prepared by the Green
104	110		Stormwater Infrastructure and Low Impact Development Report Group
105	111		is required to include only information described by Section
106	112		5.136(d), Water Code, as added by this Act, that the Texas
107	113		Commission on Environmental Quality requires to be in the report.
108	114		SECTION 3. This Act takes effect September 1, 2019.
109		-	______________________________ ______________________________
110		-	President of the Senate Speaker of the House
111		-	I certify that H.B. No. 1059 was passed by the House on May 2,
112		-	2019, by the following vote: Yeas 120, Nays 19, 1 present, not
113		-	voting.
114		-	______________________________
115		-	Chief Clerk of the House
116		-	I certify that H.B. No. 1059 was passed by the Senate on May
117		-	22, 2019, by the following vote: Yeas 28, Nays 3.
118		-	______________________________
119		-	Secretary of the Senate
120		-	APPROVED: _____________________
121		-	Date
122		-	_____________________
123		-	Governor
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