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