Texas Register, Volume 49, Number 49, Pages 9843-10084, December 6, 2024 Page: 9,986

                                
The adopted amendments implement TWC, 5.102, 5.103,
and 7.002; and THSC, 382.002, 382.011, 382.012, 382.016,
382.017, and 382.021.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on November 22,
2024.
TRD-202405720
Charmaine K. Backens
Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Effective date: December 12, 2024
Proposal publication date: July 19, 2024
For further information, please call: (512) 239-2678
4        4         4

CHAPTER 230. GROUNDWATER
AVAILABILITY CERTIFICATION FOR
PLATTING
30 TAC 230.1 - 230.11
The Texas Commission on Environmental Quality (TCEQ,
agency, or commission) adopts amendments to 30 Texas Ad-
ministrative Code (TAC) 230.1 - 230.11.
Sections 230.1, 230.3, 230.4, 230.5, 230.8, 230.10, and 230.11
are adopted with changes to the proposed text as published in
the May 24, 2024, issue of the Texas Register (49 TexReg 3696)
and will be republished. Sections 230.2, 230.6, 230.7, and 230.9
are adopted without changes to the proposed text and will not be
republished.
Background and Summary of the Factual Basis for the Adopted
Rules
The purpose of this rulemaking adoption is to implement the
provisions of Senate Bill (SB) 2440, passed during the 88th
Texas Legislature's Regular Session in 2023. Local Government
Code (LGC) 212.0101 and 232.0032 establish requirements
for groundwater availability certification in the municipal and
county plat application and approval process for proposed
subdivisions when the groundwater beneath the land serves as
the source of water supply. SB 2440 amended 212.0101(a)
and 232.0032(a) to make groundwater availability certification
a mandatory component of the plat application and approval
process. SB 2440 also established specific circumstances
under which a municipal or county authority may waive the
certification requirement by adding 212.0101(a)(1) and (a)(2)
and 232.0032(a)(1) and (a)(2). SB 2440 became effective on
January 1, 2024, and requires that existing commission rules
are continued in effect for plat applications filed before January
1, 2024.
The charge to TCEQ under LGC, 212.0101(b) and (c) and
232.0032(b) and (c) is limited to adopting rules that establish
the form and content of a groundwater availability certification
and require transmittal of specific information to the Texas Wa-
ter Development Board and the applicable groundwater conser-
vation district. Currently, 30 TAC 230.1 and 230.3 - 230.11
include references to applicability and have embedded forms.
Since applicability is addressed by LGC 212.0101(a), (a)(1)

and (a)(2) and 232.0032(a), (a)(1) and (a)(2) and TCEQ is not
charged by statute with further defining applicability, the adopted
rulemaking replaces applicability provisions with general provi-
sions that identify the purpose of the rule. And since the current
rules specify transmittal requirements and groundwater availabil-
ity certification contents, the adopted rulemaking removes the
embedded forms and replace those with references to TCEQ
forms so that the format of the forms can be updated as technol-
ogy changes.
During rule proposal, the commission received several com-
ments relating to waiver requirements. Specifically, stakehold-
ers recommended the commission define the term "credible
evidence" in rule. After further evaluation of the statute, the
commission concluded that the statute does not charge TCEQ
with defining applicability or waiver requirements. Because
the statute defines applicability and waiver requirements and
"credible evidence" is a part of waiver requirements as defined
by LGC 212.0101(a-1)(1) and 232.0032(a-1)(1), a definition
was not included in the rule adoption.

Many comments were received that requested amendments or
additions to the rules that are outside of the scope of this rule-
making. Although changes to the rule cannot be made based
on these comments, the commission reviewed the merits of the
comments, and provided responses where appropriate.
Some commentors requested amendments requiring groundwa-
ter district contact information to be submitted as part of the
groundwater availability certification. Other comments were re-
ceived requesting non-substantive clarifications of proposed and
existing rule language. Changes to the rules were made in re-
sponse to these comments.
Some comments supported the removal of embedded forms
from the rule and replacing those with references to TCEQ
forms so that the format of the forms can be updated as tech-
nology changes. Comments on the new TCEQ forms were also
received and, where appropriate, changes to those forms were
made in response to those comments.
Section by Section Discussion
230.1, Applicability
LGC, 212.0101(b) and (c) and 232.0032(b) and (c) charge
the commission with adopting rules that establish the form and
content of a groundwater availability certification and require plat
applicants to transmit specific information to the Texas Water De-
velopment Board and any applicable groundwater conservation
district. TCEQ adopts amendments to this section that elimi-
nate the applicability provisions because those are established
by LGC, 212.0101(a), (a)(1), and (a)(2) and 232.0032(a),
(a)(1), and (a)(2). The adopted rule replaces applicability provi-
sions with general provisions that identify the purpose of the rule
consistent with LGC, 212.0101(b) and (c) and 232.0032(b)
and (c).
The commission also adopts amendments to remove the form
embedded at 230.1(c)(2) and instead require submittal of Plat
Attesting Form (TCEQ-20983). Removing the form from the rule
allows for the format to change with technology over time. Con-
forming changes are adopted throughout 30 TAC 230.1.
230.1(a) is adopted with changes to the proposed text to add
new language at the end of the paragraph to clarify the purpose
of the rule: ", which requires certification that adequate ground-
water is available for a proposed subdivision if groundwater un-
der that land is to be the source of water supply."

49 TexReg 9986 December 6, 2024 Texas Register