Groundwater Certification Requirements - Rule Project Number 2024-006-230-OW

Comment From: Laurie Lowe

6/25/24 @ 5:05 PM

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Comment From: Adam Foster

6/25/24 @ 4:37 PM

Please accept these two letters and proposed rule revisions on behalf of the Texas Alliance of Groundwater Districts.

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Comment From: Patrick Wagner

6/25/24 @ 4:28 PM

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Comment From: Marisa Bruno

6/25/24 @ 4:17 PM

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Comment From: Vanessa Puig-Williams

6/25/24 @ 2:43 PM

Thank you for the opportunity to submit comments on the proposed rule amendments to 30 TAC, Chapter 230, implementing Senate Bill 2440. The Environmental Defense Fund (EDF) is working to ensure sustainable and proactive management of groundwater res...↓

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Comment From: Corey Jones

6/25/24 @ 2:38 PM

Good afternoon,

Attached please find public comments regarding Rule Project Number 2024-006-230-OW submitted on behalf of the Northern Trinity Groundwater Conservation District.

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Comment From: Scott Norman

6/25/24 @ 1:56 PM

June 25, 2024

Gwen Ricco
Office of Legal Services
Texas Commission on Environmental Quality
PO Box 13087
Austin, TX 78711-3087

Re: Rule Project Number 2024-006-230-OW

Ms. Ricco,

On behalf of the Texas Association of Builders ("TAB"), please accep...↓t the following preliminary comments regarding Rule Project Number 2024-006-230-OW (the "Proposed Rules") as proposed by the Texas Commission on Environmental Quality ("TCEQ"). TAB appreciates the opportunity to comment on this important proposal. Specifically, TAB strongly believes that the proposed amendments to Chapter 30 of the Texas Administrative Code should not include a definition for "credible evidence", as that is beyond the scope of Texas statutes.

Founded in 1946, TAB is an affiliate of the National Association of Home Builders and has 26 local associations and nearly 10,000 builder, remodeler, developer and associate members across the state. Representing over 758,000 jobs and more than $71 billion annually in the Texas economy, the state and local associations play a crucial role in providing housing for Texans. TAB is dedicated to creating a positive business environment for the housing industry by addressing the housing issues of the people of Texas.

During the Texas 88th Regular Legislative Session, TAB worked to help pass SB 2440, as the certification of groundwater availability for residential subdivisions using such a water source is a shared goal of TAB's. An important part of the bill that TAB helped negotiate are the provisions allowing municipalities and counties to waive the certification based on credible evidence of groundwater availability under certain conditions. SB 2440, Sec. 212.0101(a-1), Local Government Code and Sec. 232.0032(a-1), Local Government Code, all clearly give municipalities and counties, and only municipalities and counties, the authority and discretion to determine what constitutes "credible evidence" of groundwater availability. Furthermore, as the background and summary of the Proposed Rules themselves correctly states, under Texas Local Government Code Secs. 212.0101(b) and (c) and Secs. 232.0032(b) and (c), TCEQ is very clearly limited to adopting rules that establish the form and content of a groundwater availability certification and the transmittal of specific information to the Texas Water Development Board and the applicable groundwater conservation district. Creating a definition of "credible evidence" in the Proposed Rules goes well beyond this limitation because such a definition constitutes something more than the certificate's form, content and transmittal requirements. Again, SB 2440, Sec. 212.0101(a-1) and Sec. 232.0032(a-1) plainly provide municipalities and counties (not TCEQ) with the authority and discretion to establish what establishes "credible evidence" of groundwater availability. As such, TAB strongly opposes TCEQ providing a definition of "credible evidence" in the Proposed Rules, as that goes beyond TCEQ's clearly established legislative authority.

Thank you for your time and efforts, and please accept these comments as TAB's opposition to the inclusion of a definition of "credible evidence" in the Proposed Rules. If you have any questions or comments, please do not hesitate to reach out to me or the TAB offices.

Sincerely,

Scott Norman
Chief Executive Officer
Texas Association of Builders

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Comment From: Mary Alice Boehm-McKaughan

6/25/24 @ 8:37 AM

Please see the attached document for Texas Rural Water Association's comments on TCEQ Rule Project No. 2024-006-230-OW.

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Comment From: Rachel Hanes

6/24/24 @ 4:10 PM

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Comment From: Charles Hastings

6/24/24 @ 1:23 PM

§230.2. Definitions – Definitions needed for: "expansion of an existing public water supply system" and "groundwater under the subdivision" [see also §230.4, §230.5(5)(A), §230.8(a)]
§230.4(3),(4),(5) - The Office of the Kerr County Engineer question...↓

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Comment From: J.D. Clark

6/24/24 @ 10:03 AM

I am writing on behalf of the Wise County Commissioners Court (County) to provide suggested revisions to the rules contained in 30 Texas Administrative Code (TAC) Chapter 230, specifically related to the question posed in the Notice of whether to inc...↓lude a definition for "credible evidence," as it relates to the waiver requirements defined by Local Government Code §§212.0101(a-1)(1) and 232.0032(a-1)(1), and what that definition would be.
As you know, SB 2440, authored by Senator Charles Perry, was enacted during the 88th legislative session and took effect on January 1, 2024. This bill mandates that counties and municipalities require groundwater availability certifications (GACs) in the platting of certain subdivisions utilizing groundwater as the source of water supply, with limited exceptions. Previously, counties and municipalities had the option to require these GACs. The process and content for groundwater availability certifications is set forth in 30 TAC Chapter 230, and TCEQ must update these rules to reflect the new requirement and limited exceptions contained in SB 2440.
While the County has a keen interest in seeing that there is adequate groundwater for the present and the future, one of the primary issues that we have encountered in the platting process is the ability of platting authorities to waive the requirement for a GAC, if the development is less than 10 lots, based on "credible evidence". Because the law and any existing rules are silent in regard to "credible evidence", the County is hesitant to provide any waivers. This has led to much frustration with non-developer landowners. For example, based on the law, if a landowner had a 10-acre tract of land and desired to subdivide the property to sale one or two 2-acre tracts from the original 10-acre tract, they would have to complete a full GAC, which could cost $30,000 or more.
The County encourages TCEQ to work with our groundwater district, the Upper Trinity Groundwater Conservation District, to identify potential ways to clarify what "credible evidence" means and how it is quantified.
Thank you for your consideration of our concerns and suggestions. In the meantime, please do not hesitate to contact me if you have any questions or would like to discuss this matter.

Sincerely,
County Judge J.D. Clark
Wise County Judge

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Comment From: Dirk Aaron

6/24/24 @ 10:00 AM

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Comment From: Zach Holland

6/22/24 @ 11:33 PM

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Comment From: Bobby Bazan

6/21/24 @ 3:54 PM

Please see attached document for comments on behalf of Texas Groundwater Association

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Comment From: Perry Evans

6/20/24 @ 4:23 PM

See attached file.

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Comment From: Parker County Judge Pat Deen

6/20/24 @ 3:31 PM

The Parker County Commissioners Court ("Court") has concerns regarding what would constitute "credible evidence" of groundwater availability in situations where a proposed subdivision divides a tract into ten parts or less. The Commissioners Court s...↓

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Comment From: Shauna Sledge

6/20/24 @ 3:27 PM

Ms. Ricco,
The Prairielands Groundwater Conservation District has asked me, as its legal counsel, to submit written comments on its behalf on the proposed amendments to 30 Texas Administrative Code Chapter 230, in the above-referenced rule project. ...↓