Current through Reg. 49, No. 38; September 20, 2024
(a)
Each RWPG and any committee or subcommittee of an RWPG are subject to Chapters
551 and 552, Government Code. A copy of all materials presented or discussed at
an open meeting shall be made available for public inspection prior to and
following the meetings and shall meet the additional notice requirements when
specifically referenced as required under other subsections. In accordance with
Texas Water Code §
16.053(r),
certain information regarding water infrastructure facilities is excepted from
the Public Information Act, Texas Government Code, Chapter 552. In addition to
the notice requirements of Chapter 551, Government Code, the following
requirements apply to RWPGs.
(b)
Each RWPG shall create and maintain a website that they will use to post public
notices of all its full RWPG, committee, and subcommittee meetings and make
available meeting agendas and related meeting materials for the public, in
accordance with this section.
(c)
Each RWPG shall provide a means by which it will accept written public comment
prior to and after meetings. The RWPGs must also allow oral public comment
during RWPG meetings and hearings.
(d) Each RWPG shall solicit interested
parties from the public and maintain a list of emails of persons or entities
who request to be notified electronically of RWPG activities.
(e) At a minimum, notices of all meetings,
meeting materials, and meeting agendas shall be sent electronically, in
accordance with the timelines and any additional notice requirements provided
in subsections (g)(1) - (3) and (h) of this section or any additional notice
requirements in the RWPG bylaws, to all voting and non-voting RWPG members and
any person or entity who has requested notice of RWPG activities. Notice must
also be provided to the following:
(1) if a
recommended or Alternative WMS that is located outside of the RWPG is being
considered, the RWPG where the recommended or Alternative WMS is located must
also receive notice of any meeting or hearing where action or public input may
be taken on the recommended or Alternative WMS.
(2) for hearings on declarations of intent to
pursue simplified planning, if an RWPG shares a water supply source, WMS, or
WMSP with another RWPG, the RWPG declaring intent to pursue simplified planning
must notify the RWPG with shared source, WMS, or WMSP.
(3) each project sponsor of an infeasible WMS
or WMSP must be provided notice of any meeting or hearing where action may be
taken on the infeasible WMS or WMSP.
(f) At a minimum, all meeting and hearing
notices must be posted to the RWPG website and on the secretary of state
website and must include:
(1) the date, time,
and location of the meeting;
(2) a
summary of the proposed action(s) to be taken;
(3) the name, telephone number, email
address, and physical address of a contact person to whom questions or requests
for additional information may be submitted; and
(4) a statement of how and when comments will
be received from the members and public.
(g) In addition to subsections (a) - (f) of
this section, and the notice requirements of Chapter 551, Government Code, the
following requirements apply:
(1) at a
minimum, notice must be provided at least seven days prior to the meeting, and
meeting materials must be made available on the RWPG website at least three
days prior to and seven days following the meeting when the planning group will
take the following actions:
(A) regular RWPG
meetings and any RWPG committee or subcommittee meetings;
(B) approval of requests for funds from the
Board;
(C) amendments to the scope
of work or budget included in the regional water planning grant contract
between the political subdivision and TWDB;
(D) approval of revision requests for draft
population projections and Water Demand projections;
(E) adoption of the IPP;
(F) approval to submit a request to EA for
approval of an Alternative WMS substitution or to request an EA determination
of a minor amendment;
(G)
declaration of implementation of simplified planning following public hearing
on intent to pursue simplified planning;
(H) initiation of major amendments to RWPs
and adoption of major amendments following a public hearing on the
amendment;
(I) adoption of errata
pursuant to §
357.51(i)
of this title (relating to Amendments to Regional Water Plans) to final
RWPs;
(J) approval of replacement
RWPG members to fill voting and non-voting position vacancies; and
(K) any other RWPG approvals required by the
regional water planning grant contract between TWDB and the political
subdivision.
(2) at a
minimum, notice must be provided at least 14 days prior to the meeting, written
comment must be accepted for 14 days prior to the meeting and considered by the
RWPG members prior to taking the associated action, and meeting materials must
be made available on the RWPG website for a minimum of seven days prior to and
14 days following the meeting, when the planning group will take the following
actions:
(A) approval to submit revision
requests to officially adopted Board population and Water Demand
projections;
(B) approval of
process of identifying potentially feasible WMSs and presentation of analysis
of infeasible WMSs or WMSPs;
(C)
approval to submit the Technical Memorandum;
(D) adoption of the final RWP;
(E) approval to substitute Alternative WMSs;
and
(F) adoption of minor
amendments to RWPs.
(3)
at a minimum, notice must be provided at least 30 days prior to the hearing,
written comment must be accepted for 30 days prior to and following the date of
the hearing and considered by the RWPG members prior to taking the associated
action, and meeting materials must be made available on the RWPG website for a
minimum of seven days prior to and 30 days following the hearing, when the
planning group will receive input from the public on the following items:
(A) declarations to pursue simplified
planning; and
(B) major amendments
to RWPs.
(h)
when holding pre-planning public meetings to obtain public input on development
of the next RWP, holding hearings on the IPP, or making revisions to RWPs based
on interregional conflict resolutions, in addition to the requirements of
subsection (e) of this section, the following additional public notice and
document provisions must be met per TWC §16.053(h):
(1) notice shall be published in a newspaper
of general circulation in each county located in whole or in part in the RWPA
before the 30th day preceding the date of the public meeting or
hearing.
(2) at a minimum, notice
must be provided at least 30 days prior to the meeting or hearing.
(3) written comments to be accepted as
follows:
(A) written comments submitted
immediately following 30-day public notice posting and prior to and during
meeting or hearing; and
(B) at
least 60 days following the date of the public hearing on an IPP.
(4) if more than one hearing on
the IPP is held, the notice and comment periods apply to the date of the first
hearing.
(5) additional entities to
be notified by mail under this subsection include:
(A) each adjacent RWPG;
(B) each mayor of a municipality, located in
whole or in part in the RWPA, with a population of 1,000 or more or which is a
county seat;
(C) each county judge
of a county located in whole or in part in the RWPA;
(D) each special or general law district or
river authority with responsibility to manage or supply water in the RWPA based
upon lists of such water districts and river authorities obtained from the
Commission;
(E) each Retail Public
Utility, defined as a community water system, that serves any part of the RWPA
or receives water from the RWPA based upon lists of such entities obtained from
the Commission; and
(F) each holder
of record of a water right for the use of surface water the diversion of which
occurs in the RWPA based upon lists of such water rights holders obtained from
the Commission.
(6) the
public hearings shall be conducted at a central location readily accessible to
the public within the regional water planning area.
(7) RWPGs shall make copies of the IPP
available for public inspection at least 30 days before the required public
hearing by providing a copy of the IPP in at least one public library in each
county and either the county courthouse's law library, the county clerk's
office, or some other accessible place within the county courthouse of each
county having land in the RWPA. The locations of such copies shall be included
in the public hearing notice. For distribution of the IPP, the RWPG may consult
and coordinate with county and local officials in determining the most
appropriate public library and location in the county courthouse to ensure
maximum accessibility to the public during business hours. According to the
capabilities of the facility, the RWPG may provide the copy electronically, on
electronic media, through an internet web link, or in hard copy. The RWPG shall
make an effort to ensure ease of access to the public, including where
feasible, posting the IPP on websites and providing notice of such posting. The
public inspection requirement in this subsection applies only to IPPs; adopted
RWPs are only required to be submitted to the Board pursuant to Texas Water
Code, §
16.053(i).
(8) Any additional meeting materials
associated with meetings in this subsection must be made available on the RWPG
website for a minimum of seven days prior to and 30 days following the meeting
or hearing.
(i) All
notice periods given are based on calendar days.
(j) Each RWPG shall include a statement in
their draft and final adopted RWPs regarding the RWPG's conformance with this
section.
