BILL ANALYSIS
S.B. 298
By: Ratliff (Saunders)
4-26-95
Committee Report (Amended)
BACKGROUND
Currently, the Texas surface water quality standards list five
subcategories for aquatic life use in streams: limited,
intermediate, high, and exceptional aquatic life and oyster waters.
The water quality standards for each aquatic life use subcategory
range from 3.0/2.0 mg/L for limited quality to 6.0/4.0 mg/L for
exceptional quality. Under current standards, the Texas Natural
Resource Conservation Commission has presumed that all perennial
unclassified streams have a high aquatic life use and a dissolved
oxygen criteria of 5.0 mg/L. There are no scientific studies that
document the appropriateness of the relationship between aquatic
life use and dissolved oxygen.
PURPOSE
To set forth requirements for creating water quality standards.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 26.023, Water Code, as follows:
Sec. 26.023. WATER QUALITY STANDARDS. (a) and (b) Created
from existing text.
(c) Requires water quality standards to consist of
designated uses of water and water quality criteria
necessary to maintain the uses.
(d) Sets forth criteria for the commission to follow in
adopting water quality standards, including designating
aquatic life uses of water and water quality criteria for
dissolved oxygen that are no more stringent than necessary
to attain and maintain conditions in the natural
environment, designating seasonal uses based on seasonally
compiled water flow, designating aquatic life uses or
criteria for dissolved oxygen applicable for periods of
significant storm water runoff, and prohibiting the
establishment of dissolved oxygen criteria of more than 3.0
milligrams per liter.
(e) Requires the Texas Natural Resource Conservation
Commission (commission) to include in the notice of proposed
rulemaking or an amendment to a water quality standard a
statement of the technical basis for each element of the
proposal and a reference to the technical information the
commission relies upon. Requires the commission to make
this information available to the public.
SECTION 2. Sets forth guidelines for implementation and
enforcement of a new dissolved oxygen standard.
SECTION 3. Emergency clause.
EXPLANATION OF AMENDMENTS
COMMITTEE AMENDMENT NO. 1:
Amends Section 1 of the bill to add Subsection (f) to Section
26.023, Water Code, to provide that the commission may adopt water
quality standards to enable the state to receive delegation of the
National Pollutant Discharge Elimination System (NPDES) program
from the federal EPA; provides that standards adopted under this
subsection shall be conditioned on delegation of the NPDES program.
COMMITTEE AMENDMENT NO. 2:
Amends Section 1 of the bill by amending Section 26.023 (b), Water
Code, to provide that the commission shall consider the existence
and effects of nonpoint source pollution, toxic materials and
nutrient loading in developing standards for drinking water.
COMMITTEE AMENDMENT NO. 3:
Amends S.B.298 by adding a new section to the bill (to be
appropriately numbered) to amend Section 341.031, Health and Safety
Code, to provide the commission the ability to adopt and enforce
rules to implement water quality standards established under the
Texas Water Code, as well as the federal Safe Drinking Water Act
(SDWA); adds a new subsection (e) Section 341.031, Health and
Safety Code, which provides that a master meter operator who
purchases water from a water supply system or a public water system
through a master meter and submeters the water pursuant to the
provisions of the Water Code is not a "water supply system" nor a
"public water system" subject to regulation under this chapter,
provided the master meter operator meets federal exemption
conditions under the SDWA, and provides that the water supply
system or public water supply system providing water to the master
meter operator may establish reasonable requirements for periodic
monitoring and inspection of the water distribution system.
COMMITTEE AMENDMENT NO. 4:
Amends Section 1 of the bill by adding subsection (f) to Section
26.023, Water Code, which delineates certain things the commission
may not adopt policies to regulate when setting standards under
this section.
COMMITTEE AMENDMENT NO. 5:
Amends S.B.298 by adding a new section to the bill (to be
appropriately numbered) to amend Subchapter B, Chapter 26, Water
Code, by adding a new section 26.0271 to provide as follows: (a)
the commission shall not adopt any regulation that exceeds federal
regulation addressing the same issue, on matters concerning
nonpoint source water pollution, stormwater discharges, wet weather
water quality standards, or control of sanitary sewer overflows;
(b) if the commission proposes a regulation concerning one of the
matters listed in subsection (a) above, it shall include in the
proposal a legal analysis demonstrating that it will not exceed the
corresponding federal regulation; (c) in implementing regulations
addressing matters listed in subsection (a) above, the commission
shall employ the maximum flexibility allowed under the
corresponding federal regulation, shall consider the financial
conditions and constraints of local governments affected thereby,
and shall allow such local governments ample time to design and
develop cost-effective control methods or facilities before
initiating enforcement actions.
SUMMARY OF COMMITTEE ACTION
S.B.298 was considered by the committee in a public hearing on
April 24, 1995.
The following persons testified in favor of the bill:
Mr. Monte Akers, representing the Texas Municipal League;
Mr. Bill Powers, representing Texas Farm Bureau;
Ms. Peggy Glass, representing herself;
Mr. Jim Mathews, representing himself.
The following persons testified against the bill:
Mr. Ken Kramer, representing Sierra Club;
Ms. Sandra Skrei, representing National Audobon Society;
Ms. Mary Arnold, representing the League of Women Voters of
Texas;
Mr. Tom Smith, representing Public Citizens Members;
Mr. Dwayne Anderson, representing Members of Clean Water
Action.
The following persons testified on the bill: None (0).
The committee considered five (5) amendments to the bill. Each of
the five (5) amendments was adopted without objection.
The bill was left pending.
S.B.298 was considered by the committee in a formal meeting on
April 26, 1995.
No testimony was received.
The bill was reported favorably as amended to the House, with the
recommendation that it do pass and be printed, by a record vote of
7 ayes, 0 nays, 0 pnv, and 2 absent.