By: Ratliff S.B. No. 298 A BILL TO BE ENTITLED AN ACT 1-1 relating to water quality standards. 1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-3 SECTION 1. Section 26.023, Water Code, is amended to read as 1-4 follows: 1-5 Sec. 26.023. Water Quality Standards. (a) The commission 1-6 by rule shall set water quality standards for the water in the 1-7 state and may amend the standards from time to time. The 1-8 commission has the sole and exclusive authority to set water 1-9 quality standards for all water in the state. 1-10 (b) The commission shall consider the existence and effects 1-11 of nonpoint source pollution, toxic materials, and nutrient loading 1-12 in developing water quality standards and related waste load models 1-13 for water quality. 1-14 (c) Water quality standards shall consist of designated uses 1-15 of water and water quality criteria necessary to maintain the 1-16 designated uses. 1-17 (d) In adopting water quality standards, the commission: 1-18 (1) where appropriate, shall designate aquatic life 1-19 uses of water and water quality criteria for dissolved oxygen that, 1-20 during hydrologic conditions that include the low-flow conditions 1-21 used in establishing discharge permit limits, are no more stringent 1-22 than necessary to attain and maintain conditions in the natural 1-23 environment combined with conditions that may result from impacts 1-24 not regulated under state or federal law; 2-1 (2) may designate seasonal uses or criteria consistent 2-2 with this section and based on seasonally compiled water flow and 2-3 water quality information; 2-4 (3) may designate aquatic life uses or criteria for 2-5 dissolved oxygen applicable during periods of significant storm 2-6 water runoff that are no more stringent than necessary to attain 2-7 and maintain conditions in the natural environment during such a 2-8 period in combination with conditions that may result from impacts 2-9 not regulated under state or federal law; and 2-10 (4) may not establish a dissolved oxygen criterion of 2-11 greater than 3.0 milligrams per liter that is applicable to a 2-12 perennial unclassified stream unless the commission determines, 2-13 relying on appropriate technical information for the affected body 2-14 of water, that a higher dissolved oxygen level would be attained 2-15 and maintained in the natural environment in combination with 2-16 conditions that may result from impacts not regulated under state 2-17 or federal law. 2-18 (e) In the notice of proposed rulemaking for a new water 2-19 quality standard or an amendment to a water quality standard, the 2-20 commission shall include a statement of the technical basis for 2-21 each element of the proposal and a reference to the technical 2-22 information and studies on which the commission relies in 2-23 formulating each proposed criterion or presumption. The commission 2-24 shall make available to the public the technical information and 2-25 studies that support the proposed rule, including the information 2-26 or studies supporting each proposed criterion or presumption. 2-27 SECTION 2. If, on the effective date of this Act, there is 3-1 in effect a dissolved oxygen standard for a stream that does not 3-2 conform to Section 26.023, Water Code, as amended by this Act, the 3-3 Texas Natural Resource Conservation Commission shall adopt a new 3-4 dissolved oxygen standard for the stream in accordance with that 3-5 section as soon as is practicable but not later than December 31, 3-6 1995. A dissolved oxygen standard that does not conform to Section 3-7 26.023, Water Code, as amended by this Act, may be enforced until 3-8 December 31, 1995, or until the date a new enforceable standard 3-9 takes effect, whichever is sooner. 3-10 SECTION 3. The importance of this legislation and the 3-11 crowded condition of the calendars in both houses create an 3-12 emergency and an imperative public necessity that the 3-13 constitutional rule requiring bills to be read on three several 3-14 days in each house be suspended, and this rule is hereby suspended, 3-15 and that this Act take effect and be in force from and after its 3-16 passage, and it is so enacted.