The Wise Report - August 17, 2013

The Wise Report
August 17, 2013
Henry M. Wise, P.G.

The Texas Commission on Environmental Quality (TCEQ) has adopted an update to the current Memorandum of Understanding (MOU) between the TCEQ and the Texas Department of Transportation (TxDOT) addressing the TCEQ's environmental reviews of TxDOT highway (transportation) projects. The updates to the MOU are required to comply with provisions in Senate Bill (SB) 548, SB 1420, and House Bill (HB) 630 of the 82nd Legislature, 2011. The adopted legislation requires TxDOT to amend its rules related to environmental reviews of highway projects and update the relevant TCEQ/TxDOT MOU.

The updated MOU makes only slight changes to the triggers for review of a project, primarily for impaired water assessment units (impaired water bodies). Those changes are being made to comply with current federal requirements associated with the 303(d)- and TMDL related requirements.

The updated MOU also includes a reference to a new document, environmental report, that TxDOT may request that TCEQ review. An environmental report is a document that TxDOT may choose to develop early in their process, usually prior to conducting either an Environmental Assessment or Environmental Impact Statement. Also included in the MOU is the authorization to implement electronic distribution of TxDOT highway project information to the TCEQ, and the TCEQ comments to TxDOT. The updated MOU reorganizes and streamlines parts of the MOU.

For more information go to: http://www.tceq.texas.gov/assets/public/legal/rules/rule_lib/adoptions/1... for the summary or http://www.tceq.texas.gov/assets/public/legal/rules/rule_lib/adoptions/1... for the MOU.
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The Governor has appointed three permanent members of the Texas Water Development Board (TWDB). As a result of the passage of HB 4 during this year’s legislative session, the Board of Directors for the TWDB was reduced from six volunteer members to three, paid, full-time members. Those member appointed must be one with experience in the field of engineering, one member with experience in the field of public or private finance, and one member with experience in the field of law or business.

Henry M. Wise, P.G.
The Wise Report
August 17, 2013