Marked Agenda
Commissioners' Work Session (Closed Meeting)
Friday, July 16, 1999
8:30 a.m.
Room 201S, Building E, Park 35, Austin

NEW BUSINESS AGENDA

This meeting is a closed session.

  1. Docket No. 1998-1154-EXE. The Commission will meet in closed session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Commission's Executive Director, as permitted by Section 551.074 of the Texas Open Meetings Act, Chapter 551 of the Government Code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code. No action taken on this item.

  2. Docket No. 1999-0024-EXE. The commission will conduct a closed meeting to receive legal advice and will discuss pending or contemplated litigation, settlement offers, and/or the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of specific commission employees, as permitted by Sections 551.071 and 551.074, the Open Meetings Act, codified as Chapter 551 of the Government code. No final action, decision or vote with regard to any legal or personnel matter considered in the closed meeting shall be made in the absence of further notice issued in accordance with Chapter 551 of the Government Code. No action taken on this item.

  3. Docket No. 1999-0025-EXE. The commission will conduct a closed session to discuss their duties, roles, and responsibilities as commissioners of the TNRCC pursuant to section 551.074 of the open meetings act, codified as chapter 551 of the government code. The Commission may also meet in open session to take action on this matter as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Government Code. No action taken on this item.

Marked Agenda
Commissioners' Work Session
Friday, July 16, 1999
9:30 a.m.
Room 201S, Building E, Park 35, Austin

NEW BUSINESS AGENDA

This meeting is a work session for discussion between commissioners and staff. No public testimony or comment will be accepted except by invitation of the commission.

  1. Consideration of issues related to the draft "Self-Evaluation Report of the TNRCC for the Sunset Advisory Commission". Terri Seales, Office of Executive Director, presented this item. In describing the self-evaluation report, staff commented that the report will serve two important functions. First, it will provide a broad overview of what the agency mission and functions are, and how it performs those functions. Second, by providing basic information on budget, citations, programs, and studies, it will serve as a reference tool. Staff outlined several of the changes to the draft document made as a result of input and interaction with other agencies, such as the Texas Parks and Wildlife Department and the Texas Water Development Board, to identify areas of shared responsibility. Chairman Huston commented on several aspects of the Self-Evaluation Report: Staff was directed to return to the July 30th work session to discuss the finalization of the Self Evaluation Report prior to its deadline for submission to the Sunset Commission on August 15.

  2. Consideration of activities associated with State Implementation Plans and update on court decision concerning the 8-hour ozone designation. There was no presentation for this item. Chairman Huston presented an update on this issue. At this point, formal response from EPA regarding the 8-hour designation issue is that the EPA is not moving forward with area designations in light of the recent court decision. They have asked for the submission of monitoring data and asked that we identify the monitors which are showing a violation of the 8 hour standard for ozone. EPA has given winter or early spring as the time frame where we would hear more information regarding the need for the state to make recommendations regarding designation of 8-hour ozone non-attainment areas. This information has been communicated with local officials, organizations and interest groups. No action was taken on this issue.

  3. Consideration of issues related to regionalization of water and wastewater facilities. Sylvia Amaya, OEPAA/SEAG, Steve Blackhurst, Water/WU, Wayne Wiley, Water/WU, and Lara Nehman, OLS/Legal presented this item. Staff presented an updated draft regulatory guidance document for implementing water and wastewater regionalization options, where feasible, and status reports on 2 other short term and 3 long term related projects. The first project, a draft regulatory guidance document, states a staff policy that regionalization is feasible unless one of three exceptions apply. The policy would apply to all new public water systems and applicants for water and wastewater certificates of convenience and necessity (CCNs). The commissioners indicated their support for staff finalizing Project 1, publication of a regulatory guidance document, after making minor changes, modifications, and improvements discussed during work session. The commissioners encouraged staff to proceed quickly on Project 2, developing an internal operating procedure to assist TNRCC Enforcement Division staff in determining when and how to promote regionalization in enforcement actions. An outstanding issue needing to be resolved is whether to apply the enforcement procedure to only public water systems and CCN holders, or whether we should also apply this procedure to wastewater systems that do not hold CCNs. Only a small percentage of wastewater systems are required to obtain a CCN. The agency has more clear direction and statutory authority to encourage regionalization for drinking water systems and water and wastewater CCN holders than it does for other wastewater providers. This issue remains under discussion. The Commission also directed staff to continue with the three long-term projects related to wastewater regionalization and coordination with state financing agencies.

  4. Consideration of issues related to the agency's FY2000 Preliminary Operating Budget. This issue was not presented.

  5. Consideration of legislative implementation affecting the TNRCC and other issues related to actions taken by the 76th Texas Legislature. The commission may also meet in closed meeting to receive legal advice regarding these matters, or any of the above matters, as authorized by Section 551.071 of the Open Meetings Act, Chapter 551 of the Government Code. Any commission action, decision, or vote on these matters will be made in open meeting in accordance with Section 551.102 of the Open Meetings Act, Chapter 551 of the Government Code. Steve Minick, IGR, presented legislative update. Several legislative briefings are scheduled next week:

    Randy Wood, OEPAA, presented an update on legislative implementation. He reviewed the goal to have implementation plans in place by the end of July 99 and complete implementation by September 2000. There were 162 bills in the implementation process. There are two RPRC meetings in July and about 48 bills remaining to be addressed in those two sessions which are in addition to about 50 water district bills which will probably be handled in one or two implementation projects. There will be approximately 42 rule packages stemming from this legislative session, many ruled packages tied together and needing to be completed collectively. No action was taken.

  6. Planning for the next Commissioners' Work Session. The next work session is scheduled for July 30. In addition to the routine standing issues, Transfer of the Low Level Authority, BPR Follow-up, Self-Evaluation Report of the TNRCC for the Sunset Advisory Commission, and FY2000 Preliminary Operating Budget were identified today for presentation at the July 30 work session. Water Quality Management Plans and NPDES Update were mentioned for presentation on August 13. Some issues with regard to number of topics for presentation by Small Business remains to be resolved.