Bill Text: TX HB614 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the procedure for action by the Texas Commission on Environmental Quality on an application for a water right.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-22 - Referred to Natural Resources [HB614 Detail]

Download: Texas-2017-HB614-Introduced.html
  85R3335 SLB-F
 
  By: Leach H.B. No. 614
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the procedure for action by the Texas Commission on
  Environmental Quality on an application for a water right.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.129, Water Code, is amended to read as
  follows:
         Sec. 11.129.  REVIEW OF APPLICATION[; AMENDMENT]. (a) In
  this section:
               (1)  "Administratively complete" means an application
  includes the information and fees required under Sections 11.124,
  11.125, 11.1271, and 11.128 and, if applicable, Sections 11.126,
  11.127, and 11.1272.
               (2)  "Technical review" means the part of the process
  of reviewing an application after the executive director has
  determined the application is administratively complete in which
  technical material is analyzed and reviewed in order to prepare a
  draft permit and draft notice.
         (b)  Not later than the 30th working day after the date the
  executive director receives an application, the executive director
  shall review the application and provide to the applicant:
               (1)  written notice that the application is
  administratively complete; or
               (2)  a written request for information that describes
  in detail the information that the applicant must provide in order
  for the application to be considered administratively complete.
         (c)  Not later than the 30th day after the date an applicant
  receives a request under Subsection (b)(2), the applicant must
  submit a response to the request. Not later than the 30th working
  day after the date the executive director receives a timely
  response, the executive director shall review the response and
  provide to the applicant:
               (1)  written notice that the application is
  administratively complete; or
               (2)  a written request for information that describes
  in detail the information that the applicant must provide in order
  for the application to be considered administratively complete.
         (d)  The applicant may request an extension of the time to
  submit a response to a request under Subsection (b)(2) or (c)(2).
  The executive director shall grant the request if the applicant
  demonstrates good cause for the extension. An extension under this
  subsection extends the deadline provided by Subsection (e) by the
  same amount of time as the amount of the extension.
         (e)  Not later than the 180th day after the date the
  executive director receives the application, the executive
  director shall:
               (1)  provide the applicant written notice that the
  application is administratively complete; or
               (2)  return the application and the entire filing fee
  to the applicant and provide the applicant with a list of the
  deficiencies in the application.
         (f)  The applicant is entitled to file a motion to overturn
  the return of the application and dispute an application
  deficiency. The motion to overturn may be overruled by operation of
  law under commission rules.  If the commission holds a hearing on
  the motion to overturn, the commission shall issue an order:
               (1)  denying the motion and confirming the executive
  director's return of the application to the applicant;
               (2)  granting the motion, reinstating the application,
  and remanding the application to the executive director to request
  additional information necessary to render the application
  administratively complete; or
               (3)  granting the motion, reinstating the application,
  and declaring that the application is administratively complete.
         (g)  If the executive director requests additional
  information from the applicant under Subsection (f)(2), the
  applicant must provide the information to the executive director
  not later than the 30th day after the date the executive director
  issues the request. The executive director shall review the
  material and:
               (1)  provide the applicant written notice that the
  application is administratively complete; or
               (2)  return the application and the entire filing fee
  to the applicant and provide the applicant with a list of the
  deficiencies in the application.
         (h)  After the executive director or the commission
  determines that the application is administratively complete, the
  executive director shall conduct a technical review of the
  application.  As part of the review, the executive director shall
  determine whether the applicable water conservation and drought
  contingency plans under Sections 11.1271 and 11.1272 are adequate.
         (i)  The executive director shall act on applications that
  relate to new appropriations of water in the same river basin in the
  order in which they are declared administratively complete. If for
  an application that has been declared administratively complete the
  executive director grants an extension or the applicant files a
  motion to overturn, the executive director shall extend the
  relevant deadlines for any application:
               (1)  declared administratively complete after the
  application for which the extension was granted or the motion was
  filed; and
               (2)  that relates to a new appropriation of water in the
  same river basin as the application for which the extension was
  granted or the motion was filed.
         (j)  The executive director shall provide notice in a timely
  manner to an applicant who receives an extension under Subsection
  (i).
         (k)  Not later than the 180th day after the date on which the
  technical review begins, the executive director shall provide the
  applicant with:
               (1)  written notice that the technical review is
  complete, a draft permit, a draft notice, and technical memoranda
  associated with the application; or
               (2)  a written request for technical information as
  determined by the executive director to be necessary for the
  completion of the technical review.
         (l)  With notice to the applicant, the executive director may
  extend the deadline provided by Subsection (k) for a period of 30
  days.  The executive director may not extend the deadline more than
  three times.
         (m)  Not later than the 60th day after the date the applicant
  receives a request under Subsection (k)(2), the applicant must
  provide the requested information to the executive director.
         (n)  The applicant may request an extension of the deadline
  provided by Subsection (m). The executive director shall grant the
  request if the applicant demonstrates good cause for the extension.
         (o)  Not later than the 60th day after the date the executive
  director receives a timely response to a request under Subsection
  (k)(2), the executive director shall review the response and
  provide the applicant with:
               (1)  written notice that the technical review is
  complete, a draft permit, a draft notice, and technical memoranda
  associated with the application; or
               (2)  written notice that the response to the request
  for technical information is deficient.
         (p)  If the executive director provides notice under
  Subsection (o)(2), the executive director and the applicant must
  collaborate in a good faith effort to resolve the deficiency. Not
  later than the 180th day after the date the executive director
  provides the notice, the executive director shall:
               (1)  provide the applicant with written notice that the
  technical review is complete, a draft permit, a draft notice, and
  technical memoranda associated with the application; or
               (2)  return the application and the use fee and the
  unused portion of the notice fee as prescribed by commission rule to
  the applicant and provide the applicant with a list of the
  deficiencies with the application.
         (q)  The applicant is entitled to file a motion to overturn
  the return of the application and dispute an application
  deficiency.  The motion to overturn may be overruled by operation of
  law under commission rules.  If the commission holds a hearing on
  the motion to overturn, the commission shall issue an order:
               (1)  denying the motion and confirming the executive
  director's return of the application to the applicant;
               (2)  granting the motion, reinstating the application,
  and remanding the application to the executive director to request
  additional information necessary to complete the technical review
  of the application; or
               (3)  granting the motion, reinstating the application,
  and requiring the executive director to prepare the draft permit,
  draft notice, and technical memoranda associated with the
  application and written notice that the technical review is
  complete.
         (r)  If the executive director requests additional
  information from the applicant under Subsection (q)(2), the
  applicant must provide the information to the executive director
  not later than the 30th day after the date the executive director
  issues the request. The executive director shall review the
  material and:
               (1)  provide the applicant written notice that the
  technical review is complete, a draft permit, a draft notice, and
  technical memoranda associated with the application; or
               (2)  return the application and the use fee and the
  unused portion of the notice fee as prescribed by commission rule to
  the applicant and provide the applicant with a list of the
  deficiencies in the application.
         (s)  The applicant may request an extension of the deadline
  provided by Subsection (r). The executive director shall grant the
  request if the applicant demonstrates good cause for the extension.
         (t)  Not later than the 14th day after the date the applicant
  receives the draft permit, draft notice, and technical memoranda
  associated with the application, the applicant must provide the
  executive director with:
               (1)  the applicant's comments on the draft permit,
  draft notice, and technical memoranda; or
               (2)  a statement that the applicant has no comment on
  the draft permit, draft notice, or technical memoranda.
         (u)  The applicant may request an extension of the time to
  submit comments under Subsection (t)(1). The executive director
  shall grant the request if the applicant demonstrates good cause
  for the extension.
         (v)  The executive director shall file the draft permit,
  draft notice, and technical memoranda associated with the
  application with the chief clerk of the commission:
               (1)  not later than the 14th day after the date the
  executive director receives comments under Subsection (t)(1),
  during which time the executive director and the applicant must
  collaborate to address the comments; or
               (2)  immediately on receipt of a statement described by
  Subsection (t)(2).
         (w)  Notwithstanding any other provision of this section, if
  the executive director makes a written determination that notice is
  not required for an application, the executive director shall grant
  or deny the permit for which the application is filed not later than
  the 300th day after the date the executive director receives the
  application. This period shall be extended by the same amount of
  time as the amount of any extension of time granted to the applicant
  for the provision of information [The commission shall determine
  whether the application, maps, and other materials comply with the
  requirements of this chapter and the rules of the commission. The
  commission may require amendment of the application, maps, or other
  materials to achieve necessary compliance].
         SECTION 2.  Section 11.133, Water Code, is amended to read as
  follows:
         Sec. 11.133.  HEARING. (a) At the time and place stated in
  the notice, the commission shall hold a hearing on the application.
  Any person may appear at the hearing in person or by attorney or may
  enter an [his] appearance in writing. Any person who appears may
  present objection to the issuance of the permit. The commission may
  receive evidence, orally or by affidavit, in support of or in
  opposition to the issuance of the permit, and it may hear arguments.
         (b)  The commission may not refer an issue regarding an
  application to the State Office of Administrative Hearings for a
  hearing unless the commission determines that the issue is:
               (1)  a disputed question of fact; and
               (2)  relevant and material to a decision on the
  application.
         (c)  If the commission grants a request for a hearing, the
  commission shall:
               (1)  determine the number and scope of issues to be
  referred to the State Office of Administrative Hearings for a
  hearing; and
               (2)  consistent with the nature and number of issues to
  be considered at the hearing, specify the maximum expected duration
  of the hearing, which may not exceed a period of 270 days.
         (d)  If the application has been determined to be
  administratively complete and the time for requesting more
  information under Section 11.129(k)(2) has expired, the
  commission:
               (1)  may not revoke the determination that the
  application is administratively complete; and
               (2)  may request additional information from the
  applicant only if the information is necessary to make a final
  determination on the application.
         (e)  A request for information under Subsection (d)(2) does
  not render the application administratively incomplete.
         (f)  If the commission refers an issue regarding an
  application to the State Office of Administrative Hearings for a
  hearing, the administrative law judge who conducts the hearing may
  not grant party status to a person who failed to seek party status
  from the commission before the issue was referred to the office.
         (g)  In the event of a conflict between this section and any
  other law, this section prevails.
         SECTION 3.  (a)  As soon as practicable after the effective
  date of this Act, the Texas Commission on Environmental Quality
  shall adopt rules to implement the changes in law made by this Act.
         (b)  The changes in law made by this Act apply only to an
  application for a new or amended water right received by the Texas
  Commission on Environmental Quality on or after the effective date
  of the rules adopted under Subsection (a) of this section. An
  application received before the effective date of the rules adopted
  under Subsection (a) of this section is governed by the law in
  effect on the date the application was received, and the former law
  is continued in effect for that purpose.
         (c)  On notice to the applicant, beginning on the effective
  date of the rules adopted under Subsection (a) of this section, the
  executive director of the Texas Commission on Environmental Quality
  may extend the period for technical review of an application for a
  new or amended water right under Section 11.129, Water Code, as
  amended by this Act, by a period not to exceed 18 months from the
  date the rules take effect if:
               (1)  on the effective date of the rules there are
  applications for new or amended water rights pending before the
  commission the technical review of which has not been completed;
  and
               (2)  the applications described by Subdivision (1) of
  this subsection affect the same river basin as the application for
  which the technical review period is extended.
         (d)  During an extension under Subsection (c) of this
  section, the executive director shall take all practicable measures
  to substantially meet all other applicable deadlines in Section
  11.129, Water Code, as amended by this Act, related to the technical
  review of an application.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
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