Marked Agenda
Commissioners' Work Session
March 24, 1997
1:30 p.m.
Room 201S, Building E, Park 35, Austin

New Business

  1. Consideration of the Commissioners' priorities on rule and policy development. Trace Finley (Executive Director's Office) provided the Commissioners with a brief update on the recent meeting of the Environmental Councils of the States (ECOS). The Commissioners agreed to volunteer to host the Spring 1998 ECOS meeting in San Antonio.

  2. Docket No. 97-0231-RUL. Consideration for publication of proposed new 30 TAC Chapter 7, Section 7.104, concerning Memorandum of Understanding (MOU) between the Texas Water Development Board and the Texas Natural Resource Conservation Commission; and for authorization of the Executive Director to enter into the MOU. This proposed MOU would set forth the respective duties and responsibilities of the two agencies related to the Drinking Water State Revolving Fund Loan Program. (Rule Log No. 97123-007-WT) Todd Chenoweth (Water Policy and Regulations) and Steve Walden (Public Drinking Water) presented this item. Commissioner Baker moved that the Commission approve the proposal for publication in the Texas Register and authorize the Executive Director to sign the MOU. The motion was seconded by Chairman McBee and approved unanimously.

  3. Consideration of the Commission's enforcement policy including the use of deferrals and the culpability factor of the penalty policy finalized and approved by the Commission at its February 12, 1997 work session and related issues. Ann McGinley (Enforcement) and John Riley (Litigation Support) presented this item. The Commissioners provided staff with guidance on the following issues. All the changes approved at the work session will be incorporated into the penalty policy and become effective April 1, 1997. The Commissioners instructed staff to write letters to each person who commented on the draft penalty policies to inform them that the policies are final.

  4. The Commission will consider in open meeting legislative matters related to its jurisdiction, including proposed legislation and related position papers, briefing materials, and status reports. The Commission may also meet in closed meeting to receive legal advice regarding these 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. The Commission met in closed session from 3:36 until 4:25 to receive legal advice. In open session -

  5. Planning for the next Commissioners' Work Session. The next Commissioners' Work Session is scheduled to be held on Thursday, April 3rd, at 1:30 p.m. in E-201S. The Commissioners are tentatively scheduled to discuss Chapter 317 (Designs and Specs)/Chapter 309 (Effluent Limitations), the proposed rules for the Office of Public Assistance, and legislative issues.