As published in the HillCo Client News Flash on November 18th, the Sunset Advisory Commission has published the staff report on the Texas Commission on Environmental Quality (TCEQ). In regards to water and wastewater utility regulation transfer, the report noted the state could benefit from combining regulatory functions related to gas and water utilities in the Public Utility Commission. The report also stated in regards to on-site wastewater treatment council, Texas does not need a separate, stand-alone council to fund on-site sewage research. Additionally, the report made the following issues/recommendations for TCEQ:
- Texas Has a Continuing Need for the Texas Commission on Environmental Quality
- TCEQ’s Public Assistance Efforts Lack Coordination and Focus
- TCEQ’s Approach to Compliance History Fails to Accurately Measure Entities’ Performance, Negating Its Use as an Effective Regulatory Tool
- TCEQ’s Enforcement Process Lacks Public Visibility and Statutory Authority
- TCEQ Does Not Have the Tools Necessary to Effectively Protect Surface Water Availability During Drought or Emergency Conditions
- Gaps in Petroleum Storage Tank Regulation and Remediation Fee Expiration Threaten the State’s Ability to Clean Up Contaminated Sites
- TCEQ Lacks Guidance on How to Fund the Texas Low-Level Radioactive Waste Disposal Compact Commission
- The Statutory Cap on Emissions Limits TCEQ’s Ability to Adequately Fund the Title V Air Permit Program
The statutory recommendations adopted at the January 12th Sunset Advisory Commission hearing will be considered in Sunset legislation by the 82nd Texas Legislature in 2011.
The report can be viewed at: http://www.sunset.state.tx.us/82ndreports/tceq/tceq_sr.pdf