HBA-NMO, NMO, KMH H.B. 1074 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1074
By: Krusee
Natural Resources
7/7/99
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, water and wastewater permit holders were
required to inform the Texas Natural Resource Conservation Commission
(TNRCC) within 24 hours in the event of a spill or accidental discharge.
Beyond TNRCC notification there was no requirement to inform potentially
affected citizens around the spill site. 

H.B. 1074 requires that notice given to TNRCC must include the location,
volume, and content of the discharge or spill.  This bill also requires
that notice be given to appropriate local government officials and local
media.  This bill further gives TNRCC more control in determining which
spills must be reported. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Natural Resource Conservation
Commission in SECTION 1 (Section 26.039, Water Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 26.039, Water Code, by amending Subsection (b)
and adding Subsections (e) and (f), as follows: 

(b) Provides that an individual responsible for a facility making an
accidental discharge described by this section to notify the Texas Natural
Resource Conservation Commission (TNRCC) and to include the location,
volume, and content of the discharge or spill. 

(e) Requires the individual to notify appropriate local government
officials and local media, if an accidental discharge or spill described by
Subsection (b) from a wastewater treatment or collection facility owned or
operated by a local government may adversely affect a public or private
source of drinking water. 

(f) Requires TNRCC by rule to specify the conditions under which an
individual must comply with Subsection (e) and prescribe procedures for
giving the required notice.  Sets forth that the rules must state the
content of the notice and the manner of giving notice. Requires TNRCC in
formulating the rules to consider the nature, extent, and potential effect
of the discharge or spill, as well as the regional information about the
susceptibility of a particular drinking water source to a specific type of
pollution. 

SECTION 2.  Effective date: September 1, 1999.
                       Requires TNRCC to adopt the rules required by
Section 26.039(f), Water 
                       Code, as added by this Act, no later than December
1, 1999. 
                       Makes application of this Act prospective as of
January 1, 2000. 

SECTION 3.  Emergency clause.