Bill Text: TX HB1059 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to a biennial report on stormwater infrastructure in this state.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2019-06-15 - Vetoed by the Governor [HB1059 Detail]

Download: Texas-2019-HB1059-Enrolled.html
 
 
  H.B. No. 1059
 
 
 
 
AN ACT
  relating to a biennial report on stormwater infrastructure in this
  state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 5, Water Code, is amended
  by adding Section 5.136 to read as follows:
         Sec. 5.136.  BIENNIAL REPORT ON STORMWATER INFRASTRUCTURE.
  (a)  In this section, the term "green stormwater infrastructure,"
  also known as "low impact development," means systems and practices
  that:
               (1)  use or mimic natural processes that result in the
  infiltration, evapotranspiration, treatment, or use of stormwater;
               (2)  manage stormwater, protect water quality and
  associated habitat, or augment or replace conventional engineered
  stormwater systems;
               (3)  meet local requirements for post-development
  stormwater retention and detention and erosion management; and
               (4)  are considered best management practices.
         (b)  Each state fiscal biennium the commission shall appoint
  a Green Stormwater Infrastructure and Low Impact Development Report
  Group to prepare a report on the use of green stormwater
  infrastructure and low impact development in this state.  Each
  group must be composed of 10 members appointed by the commission,
  with one member to represent each of the following:
               (1)  counties;
               (2)  municipalities;
               (3)  special districts that have land development
  authority or provide water or wastewater services;
               (4)  academic university programs related to land
  development;
               (5)  businesses engaged in real estate development;
               (6)  civil engineers;
               (7)  landscape architects;
               (8)  environmental groups;
               (9)  professional organizations focused on water
  conservation; and
               (10)  vendors and providers of green stormwater
  infrastructure and low impact development systems or practices.
         (c)  The commission shall solicit nominations for group
  members from the entities listed in Subsection (b).  The commission
  may not appoint a person to serve as a group member representing a
  type of entity unless the person is nominated by a representative of
  that type of entity.
         (d)  Each report must include:
               (1)  a list of each county, municipality, and special
  district with land development authority that allows the use of
  green stormwater infrastructure and low impact development in land
  development projects in the county, municipal, or district
  territory;
               (2)  estimates of:
                     (A)  the number of private and public projects and
  sites in this state that use green stormwater infrastructure and
  low impact development;
                     (B)  the amount of stormwater that is managed by
  the green stormwater infrastructure and low impact development
  features described in Paragraph (A); and
                     (C)  the amount of money invested in the green
  stormwater infrastructure and low impact development features
  described in Paragraph (A);
               (3)  a monetized assessment of the social, economic,
  and environmental benefits realized by the use of green stormwater
  infrastructure and low impact development in this state;
               (4)  an assessment of typical impediments to the use of
  green stormwater infrastructure and low impact development in local
  development codes;
               (5)  an assessment of impediments in the law and
  policies of this state to the use of green stormwater
  infrastructure and low impact development; and
               (6)  recommendations to encourage increased use and
  deployment of green stormwater infrastructure and low impact
  development in this state.
         (e)  The commission shall:
               (1)  publicly solicit information to support the
  preparation of the report; and
               (2)  cooperate with the group in providing information
  or access to information.
         (f)  The group shall:
               (1)  conduct at least one meeting to receive input on
  the preparation of the report;
               (2)  prepare a draft report;
               (3)  publish the draft report and solicit comments on
  the draft report;
               (4)  prepare a response-to-comments document and
  finalize the report; and
               (5)  not later than January 1 of the second year of the
  state fiscal biennium, submit the final report to: 
                     (A)  each member of the commission;
                     (B)  the governor;
                     (C)  the lieutenant governor;
                     (D)  the speaker of the house of representatives;
  and
                     (E)  each member of the legislature.
         SECTION 2.  (a)  The Texas Commission on Environmental
  Quality shall appoint the members of the first Green Stormwater
  Infrastructure and Low Impact Development Report Group under
  Section 5.136, Water Code, as added by this Act, in a timely manner
  to ensure that the group is able to prepare the report by January 1,
  2021.
         (b)  Notwithstanding Section 5.136(d), Water Code, as added
  by this Act, the first biennial report prepared by the Green
  Stormwater Infrastructure and Low Impact Development Report Group
  is required to include only information described by Section
  5.136(d), Water Code, as added by this Act, that the Texas
  Commission on Environmental Quality requires to be in the report.
         SECTION 3.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1059 was passed by the House on May 2,
  2019, by the following vote:  Yeas 120, Nays 19, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1059 was passed by the Senate on May
  22, 2019, by the following vote:  Yeas 28, Nays 3.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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