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.
   3-17                       COMMITTEE AMENDMENT NO. 1
   3-18        Amend S.B. 298 by adding a new Subsection (f) to Sec. 26.023,
   3-19  Water Code, in SECTION 1 of the bill:
   3-20        (f)  Notwithstanding any other provisions in this section,
   3-21  the commission may adopt water quality standards which will allow
   3-22  the state to receive delegation of the National Pollutant Discharge
   3-23  Elimination System program from the federal Environmental
   3-24  Protection Agency.  Standards adopted under this subsection shall
   3-25  be conditioned on delegation of the National Pollutant Discharge
   3-26  Elimination System program.
   3-27                                                                Corte
    4-1                       COMMITTEE AMENDMENT NO. 2
    4-2        Amend SB 298, Section 1, Sec. 26.023(b) to read as follows:
    4-3        SECTION 1.  Section 26.023(b), Water Code, is amended to read
    4-4  as follows:
    4-5        Sec. 26.023.  WATER QUALITY STANDARDS.  (b)  The commission
    4-6  shall consider existence and effects of nonpoint source pollution,
    4-7  toxic materials, and nutrient loading in developing water quality
    4-8  standards, <and> related waste load models for water quality, and
    4-9  standards for drinking water.
   4-10                                                                 Yost
   4-11                       COMMITTEE AMENDMENT NO. 3
   4-12        Amend SB 298 by adding a new section to be appropriately
   4-13  numbered to read as follows:
   4-14        SECTION 3.  Section 341.031, Health and Safety Code,
   4-15  Subchapter c, is amended to read as follows:
   4-16        Sec. 341.031.  Public Drinking Water.  (a)  Public drinking
   4-17  water must be free from deleterious matter and must comply with the
   4-18  standards established by the commission, the United States Public
   4-19  Health Service, or the United States Environmental Protection
   4-20  Agency.  The commission may adopt and enforce rules to implement
   4-21  water quality standards established under the Water Code and the
   4-22  federal Safe Drinking Water Act (42 U.S.C. Section 300f et seq.).
   4-23        (b)  In a public place or an establishment catering to the
   4-24  public, a common drinking cup may not be used.
   4-25        (c)  Drinking water may not be served except in sanitary
   4-26  containers or through other sanitary mediums.
   4-27        (d)  In this section, "common drinking cup" means a water or
    5-1  other beverage receptacle used for serving more than one person.
    5-2  The term does not include a water or other beverage receptacle that
    5-3  is properly washed and sterilized after each use.
    5-4        (e)  A master meter operator that purchases water from a
    5-5  water supply system or a public water system through a master meter
    5-6  and submeters the water pursuant to the provisions of the Water
    5-7  Code is not a "water supply system" nor a "public water system"
    5-8  subject to regulation under this chapter provided the master meter
    5-9  operator meets the conditions for exemption established under the
   5-10  federal Safe Drinking Water Act (42 U.S.C. Section 300g).  The
   5-11  water supply system or public water supply system providing water
   5-12  to the master meter operator may establish reasonable requirements
   5-13  for periodic monitoring and inspection of the water distribution
   5-14  system.
   5-15                                                                 Yost
   5-16                       COMMITTEE AMENDMENT NO. 4
   5-17  Add a new subsection (f) to SB 298 to read as follows:
   5-18        (f)  In setting standards under this section, the commission
   5-19  may not adopt a water quality antidegradation policy or other
   5-20  policy that regulates:
   5-21              (1)  the use of a building or real property for
   5-22  business, industrial, residential, or other purposes;
   5-23              (2)  the size, bulk, height, or number of buildings
   5-24  that may be constructed on a tract of land or the ratio of building
   5-25  floor space to the square footage of the tract on which the
   5-26  building may be constructed;
   5-27              (3)  the number of residential units that may be
    6-1  constructed per acre of land; or
    6-2              (4)  the amount of impervious cover that may be
    6-3  constructed on a tract of land.
    6-4
    6-5                       COMMITTEE AMENDMENT NO. 5
    6-6        Amend S.B. 298 by adding a new SECTION 2 to read as follows
    6-7  and renumbering subsequent sections accordingly:
    6-8        "SECTION 2.  Subchapter B, Chapter 26, Water Code, is amended
    6-9  by adding a new Section 26.0271 to read as follows:
   6-10        "Sec. 26.0271.  NONPOINT SOURCE AND WET WEATHER WATER
   6-11  QUALITY.  (a)  The Commission shall not adopt any regulation to
   6-12  address nonpoint source water pollution, stormwater discharges, wet
   6-13  weather water quality standards, or control of sanitary sewer
   6-14  overflows that exceeds applicable federal law, policy, regulations,
   6-15  or standards addressing the same issue.
   6-16        "(b)  If the Commission proposes a regulation concerning
   6-17  nonpoint source water pollution, stormwater discharges, wet weather
   6-18  water quality standards, or control of sanitary sewer overflows, it
   6-19  shall include in the proposal a legal analysis demonstrating that
   6-20  the proposed rule does not exceed applicable federal law, policy,
   6-21  regulations, or standards addressing the same issue.
   6-22        "(c)  In implementing regulations to address nonpoint source
   6-23  water pollution, stormwater discharges, wet weather water quality
   6-24  standards, or control of sanitary sewer overflows, the Commission
   6-25  shall employ the maximum flexibility allowed under the federal law,
   6-26  policy, regulations, or standards addressing the same issue; shall
   6-27  take into consideration the financial conditions and constraints of
    7-1  local governments affected thereby; and shall allow such local
    7-2  governments ample time to design and develop cost-effective control
    7-3  methods or facilities before initiating enforcement actions."
    7-4                                                      Lewis of Orange