HBA-KMH C.S.H.B. 1074 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1074
By: Krusee
Natural Resources
3/29/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, water and wastewater permit holders are 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 is no requirement to inform potentially affected citizens around the
spill site. 

C.S.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 governement 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) it 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 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1. The substitute modifies the original by amending Section
26.039(b) to provide that an individual responsible for a facility making
an accidental discharge described by this section notify the Texas Natural
Resource Conservation Commission (TNRCC) of it and include the location,
volume, and content of the discharge or spill. 

The substitute modifies the proposed new Section 26.039(e) of the original
by requiring 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. In this section , the original bill required the
individual, not later than 24 hours after an accidental discharge or spill,
to post a public notice at the county courthouse, notify the county judge,
notify the county health department, and place a notice in the newspaper
with the greatest circulation in that county. 

The substitute modifies the proposed new Section 26.039(f) in the original
by requiring the commission to consider the nature, extent, and potential
effect of the discharge or spill, rather than just the regional information
about the susceptibility of a particular drinking water source to a
specific type of pollution.  The substitute does not contain the
requirement found in the original that requires the rules provided by this
section require the individual to identify, by location and type or
segment, the water about which notice must be given, or require that the
rules state the volume and content of a discharge requiring notice.