| (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 Cont'd... |
