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