Texas 2019 - 86th Regular

Texas Senate Bill SB1381 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R4102 JXC-D
2	2	By: Rodríguez S.B. No. 1381
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a biennial report on stormwater infrastructure in this
8	8	state.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter D, Chapter 5, Water Code, is amended
11	11	by adding Section 5.136 to read as follows:
12	12	Sec. 5.136. BIENNIAL REPORT ON STORMWATER INFRASTRUCTURE.
13	13	(a) In this section, the term "green stormwater infrastructure,"
14	14	also known as "low impact development," means systems and practices
15	15	that:
16	16	(1) use or mimic natural processes that result in the
17	17	infiltration, evapotranspiration, treatment, or use of stormwater;
18	18	(2) manage stormwater, protect water quality and
19	19	associated habitat, or augment or replace conventional engineered
20	20	stormwater systems;
21	21	(3) meet local requirements for post-development
22	22	stormwater retention and detention and erosion management; and
23	23	(4) are considered best management practices.
24	24	(b) Each state fiscal biennium the commission shall appoint
25	25	a Green Stormwater Infrastructure and Low Impact Development Report
26	26	Group to prepare a report on the use of green stormwater
27	27	infrastructure and low impact development in this state. Each
28	28	group must be composed of 10 members appointed by the commission,
29	29	with one member to represent each of the following:
30	30	(1) counties;
31	31	(2) municipalities;
32	32	(3) special districts that have land development
33	33	authority or provide water or wastewater services;
34	34	(4) academic university programs related to land
35	35	development;
36	36	(5) businesses engaged in real estate development;
37	37	(6) civil engineers;
38	38	(7) landscape architects;
39	39	(8) environmental groups;
40	40	(9) professional organizations focused on water
41	41	conservation; and
42	42	(10) vendors and providers of green stormwater
43	43	infrastructure and low impact development systems or practices.
44	44	(c) The commission shall solicit nominations for group
45	45	members from the entities listed in Subsection (b). The commission
46	46	may not appoint a person to serve as a group member representing a
47	47	type of entity unless the person is nominated by a representative of
48	48	that type of entity.
49	49	(d) Each report must include:
50	50	(1) a list of each county, municipality, and special
51	51	district with land development authority that allows the use of
52	52	green stormwater infrastructure and low impact development in land
53	53	development projects in the county, municipal, or district
54	54	territory;
55	55	(2) estimates of:
56	56	(A) the number of private and public projects and
57	57	sites in this state that use green stormwater infrastructure and
58	58	low impact development;
59	59	(B) the amount of stormwater that is managed by
60	60	the green stormwater infrastructure and low impact development
61	61	features described in Paragraph (A); and
62	62	(C) the amount of money invested in the green
63	63	stormwater infrastructure and low impact development features
64	64	described in Paragraph (A);
65	65	(3) a monetized assessment of the social, economic,
66	66	and environmental benefits realized by the use of green stormwater
67	67	infrastructure and low impact development in this state;
68	68	(4) an assessment of typical impediments to the use of
69	69	green stormwater infrastructure and low impact development in local
70	70	development codes;
71	71	(5) an assessment of impediments in the law and
72	72	policies of this state to the use of green stormwater
73	73	infrastructure and low impact development; and
74	74	(6) recommendations to encourage increased use and
75	75	deployment of green stormwater infrastructure and low impact
76	76	development in this state.
77	77	(e) The commission shall:
78	78	(1) publicly solicit information to support the
79	79	preparation of the report; and
80	80	(2) cooperate with the group in providing information
81	81	or access to information.
82	82	(f) The group shall:
83	83	(1) conduct at least one meeting to receive input on
84	84	the preparation of the report;
85	85	(2) prepare a draft report;
86	86	(3) publish the draft report and solicit comments on
87	87	the draft report;
88	88	(4) prepare a response-to-comments document and
89	89	finalize the report; and
90	90	(5) not later than January 1 of the second year of the
91	91	state fiscal biennium, submit the final report to:
92	92	(A) each member of the commission;
93	93	(B) the governor;
94	94	(C) the lieutenant governor;
95	95	(D) the speaker of the house of representatives;
96	96	and
97	97	(E) each member of the legislature.
98	98	SECTION 2. (a) The Texas Commission on Environmental
99	99	Quality shall appoint the members of the first Green Stormwater
100	100	Infrastructure and Low Impact Development Report Group under
101	101	Section 5.136, Water Code, as added by this Act, in a timely manner
102	102	to ensure that the group is able to prepare the report by January 1,
103	103	2021.
104	104	(b) Notwithstanding Section 5.136(d), Water Code, as added
105	105	by this Act, the first biennial report prepared by the Green
106	106	Stormwater Infrastructure and Low Impact Development Report Group
107	107	is required to include only information described by Section
108	108	5.136(d), Water Code, as added by this Act, that the Texas
109	109	Commission on Environmental Quality requires to be in the report.
110	110	SECTION 3. This Act takes effect September 1, 2019.