HBA-JLV, BSM H.B. 38 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 38
By: McClendon
Environmental Regulation
3/15/2001
Introduced



BACKGROUND AND PURPOSE 

Over time, industrial and solid waste facilities have become concentrated
in certain geographical areas. There are concerns that this has put a
disproportionately high amount of the adverse health and environmental
effects of those facilities on the people who live in those areas.  The
combination of sources of pollution concentrated in one area can have a
synergistic or cumulative effect that goes far beyond the effect of one
source standing by itself.  House Bill 38 requires the Texas Natural
Resource Conservation Commission to consider evidence relating to these
cumulative risks in an administrative proceeding for the consideration of
the siting, expansion, or operation of a new facility in the area in which
other facilities are located. 

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 5.127) of this bill. 

ANALYSIS

House Bill 38 amends the Water Code relating to the Texas Natural Resource
Conservation Commission's (TNRCC) consideration of cumulative risks
discovered  in administrative proceedings that involve the siting,
expansion, or operation of a facility in the local area in which other
facilities are located.  The bill authorizes an affected party to offer
evidence to TNRCC  relating to these  cumulative risks, and  requires
TNRCC to take that evidence into consideration.  The bill provides that the
evidence include: 

_the effect of releases, emissions, or discharges from the facility and
from other facilities in the area; 

_the potential for exposure to a particular substance by means of multiple
pathways; and  

_the combined level of noise, odor, and other impacts from the facility and
other facilities in 
  the area.

The bill requires the TNRCC to develop and implement policies to protect
the public from these  cumulative risks, particularly in low-income or
minority communities and those that have a concentration of permitted
facilities. TNRCC is also required to give priority to monitoring and
enforcement in areas where these permitted facilities are concentrated. 

The bill also requires the TNRCC to adopt rules as necessary to accomplish
this purpose. 

EFFECTIVE DATE

September 1, 2001.