BILL ANALYSIS C.S.S.B. 298 By: Ratliff Natural Resources 02-22-95 Committee Report (Substituted) 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 As proposed, C.S.S.B. 298 sets forth requirements for creating water quality standards. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant rulemaking authority to a state officer, institution, or agency. 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 committee 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. Effective date: upon passage.