MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Rules

By: Senator(s) Dearing

A RESOLUTION TO CREATE A STUDY COMMITTEE TO ANALYZE THE POTENTIAL IMPACT OF THE FEDERAL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORM WATER MANAGEMENT REQUIREMENTS ON THE STATE AND LOCAL GOVERNMENTS AND TO DEVELOP RECOMMENDATIONS TO ADDRESS THESE IMPACTS; TO DIRECT THE STUDY COMMITTEE TO MAKE A WRITTEN REPORT OF ITS FINDINGS AND RECOMMENDATIONS BEFORE FEBRUARY 1, 2000; AND FOR RELATED PURPOSES.

WHEREAS, in 1987, Congress amended the federal Clean Water Act to address storm water discharges and Section 402(p) requires authorized states to implement a storm water program as part of the National Pollutant Discharge Elimination System program; and

WHEREAS, Phase I of the storm water program began implementation in 1990 and addresses construction sites of five (5) acres or more, major industrial facilities and large and medium municipal storm sewers; and

WHEREAS, on January 9, 1998, the United States Environmental Protection Agency had published its proposed rule for Phase II of the storm water program which addresses construction sites disturbing one (1) acre or more and certain small municipal storm sewers and in accordance with a court order, a final rule must be adopted before October 29, 1999; and

WHEREAS, the proposed rule identifies thirty-one (31) local governments in Mississippi as automatically designated to the development of a local storm water program and provides for the potential designation of other Mississippi local governments.

BE IT RESOLVED BY THE SENATE OF THE STATE OF MISSISSIPPI, That a special study committee is created to make a comprehensive analysis of the potential impact of the federal National Pollutant Discharge Elimination System storm water management requirements on the state and local governments. The study committee shall consist of the following nine (9) members of the Senate: the Chairman of the Senate Environmental Protection, Conservation and Water Resources Committee and (2) members of that committee appointed by the chairman; the Chairman of the Senate County Affairs Committee and two (2) members of that committee appointed by the chairman; and the Chairman of the Senate Municipalities Committee and two (2) members of that committee appointed by the chairman. The study committee shall elect a chairman and a vice-chairman from its membership.

After appointment of the members, the study committee shall meet on a date designated by the chairman of the study committee at the New Capitol to organize the study committee and establish rules for transacting its business and keeping records. A majority of the members of the study committee shall constitute a quorum at all study committee meetings. An affirmative vote of a majority of the members present and voting shall be required for actions taken by the study committee. All members of the study committee shall be notified in writing of all regular and special meetings of the study committee, which notices shall be mailed at least five (5) days before the dates of the meetings.

The study committee may establish any subcommittees that it deems desirable to analyze issues and report to the study committee with respect to any matter that is within the scope of this resolution.

The study committee shall make a written report of its findings and recommendations and shall mail an executive summary of its report to each member of the Senate before February 1, 2000.

In carrying out this resolution, the study committee may utilize the service, facilities and personnel of all departments, agencies, offices and institutions of the state, including the state universities and the community and junior colleges.

For attending meetings of the study committee, each member shall be paid, from the Senate Contingent Expense Fund, per diem compensation in the amount authorized by Section 25-3-69, Mississippi Code of 1972, and a mileage allowance and an expense allowance in the amount authorized by Section 5-1-47, Mississippi Code of 1972. However, no per diem compensation, mileage allowance or expense allowance shall be paid for attending meetings of the study committee while the Legislature is in session.

All expenses incurred by and on behalf of the study committee shall be paid from funds made available by the Senate Management Committee from the Senate Contingent Expense Fund, from any funds appropriated for the purpose of this resolution, and from any grants or contributions made to the study committee for its purpose.