Marked Agenda
Commissioners' Work Session
April 19, 1996
3:00 p.m.
Room 201S, Building E, Park 35, Austin

New Business

  1. Consideration of the Commissioners' priorities on rule and policy development. The Commissioners chose to take this item up in conjunction with new business item #2.

  2. Planning for the next Commissioners' Work Session. The next Commissioners' Work Session is scheduled for April 29th at 1:30 p.m. in E-201S. The Commissioners are scheduled to address the following issues: revisions to the ozone standard; reuse projects as they relate to water rights permitting; and the agency's strategic plan, operating budget, and performance partnership grants. The Commissioners also scheduled a Work Session for May 13th. (They are tentatively scheduled to discuss standard exemptions and receive an update on the Title V Operating Permits program on the 13th.)

Old Business The following two old business items were continued from the April 3rd Work Session. Sharon Smith (Legal - Litigation Support) presented the issues.

  1. Consideration of issues related to National Pollutant Discharge Elimination System (NPDES) delegation, including issues regarding public participation in the administrative process, the Texas Private Real Property Rights Preservation Act, and the Texas Environmental, Health, and Safety Audit Privilege Act. The Commissioners unanimously approved a resolution regarding the Commission's public participation and outreach activities. (A copy of that resolution is attached to these Marked Agenda.) This issue will be continued to the April 29th Work Session as Old Business.

  2. The Commission will meet in closed session to receive legal advice on agency options relating to delegation of the National Pollutant Discharge Elimination System (NPDES) program, pursuant to Section 551.071 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. The Commission may also meet in open session to take action on this matter, as required by Section 551.102 of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. The Commissioners unanimously approved a motion to request staff to develop for the Commissioners' review a draft Memo of Understanding between the Commission and the Office of the Texas Attorney General regarding this issue. This issue will be continued to the April 29th Work Session as Old Business.