1-1 By: Ratliff S.B. No. 298
1-2 (In the Senate - Filed January 23, 1995; January 24, 1995,
1-3 read first time and referred to Committee on Natural Resources;
1-4 February 21, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 2;
1-6 February 21, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 298 By: Ratliff
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to water quality standards.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 26.023, Water Code, is amended to read as
1-13 follows:
1-14 Sec. 26.023. Water Quality Standards. (a) The commission
1-15 by rule shall set water quality standards for the water in the
1-16 state and may amend the standards from time to time. The
1-17 commission has the sole and exclusive authority to set water
1-18 quality standards for all water in the state.
1-19 (b) The commission shall consider the existence and effects
1-20 of nonpoint source pollution, toxic materials, and nutrient loading
1-21 in developing water quality standards and related waste load models
1-22 for water quality.
1-23 (c) Water quality standards shall consist of designated uses
1-24 of water and water quality criteria necessary to maintain the
1-25 designated uses.
1-26 (d) In adopting water quality standards, the commission:
1-27 (1) where appropriate, shall designate aquatic life
1-28 uses of water and water quality criteria for dissolved oxygen that,
1-29 during hydrologic conditions that include the low-flow conditions
1-30 used in establishing discharge permit limits, are no more stringent
1-31 than necessary to attain and maintain conditions in the natural
1-32 environment combined with conditions that may result from impacts
1-33 not regulated under state or federal law;
1-34 (2) may designate seasonal uses or criteria consistent
1-35 with this section and based on seasonally compiled water flow and
1-36 water quality information;
1-37 (3) may designate aquatic life uses or criteria for
1-38 dissolved oxygen applicable during periods of significant storm
1-39 water runoff that are no more stringent than necessary to attain
1-40 and maintain conditions in the natural environment during such a
1-41 period in combination with conditions that may result from impacts
1-42 not regulated under state or federal law; and
1-43 (4) may not establish a dissolved oxygen criterion of
1-44 greater than 3.0 milligrams per liter that is applicable to a
1-45 perennial unclassified stream unless the commission determines,
1-46 relying on appropriate technical information for the affected body
1-47 of water, that a higher dissolved oxygen level would be attained
1-48 and maintained in the natural environment in combination with
1-49 conditions that may result from impacts not regulated under state
1-50 or federal law.
1-51 (e) In the notice of proposed rulemaking for a new water
1-52 quality standard or an amendment to a water quality standard, the
1-53 commission shall include a statement of the technical basis for
1-54 each element of the proposal and a reference to the technical
1-55 information and studies on which the commission relies in
1-56 formulating each proposed criterion or presumption. The commission
1-57 shall make available to the public the technical information and
1-58 studies that support the proposed rule, including the information
1-59 or studies supporting each proposed criterion or presumption.
1-60 SECTION 2. If, on the effective date of this Act, there is
1-61 in effect a dissolved oxygen standard for a stream that does not
1-62 conform to Section 26.023, Water Code, as amended by this Act, the
1-63 Texas Natural Resource Conservation Commission shall adopt a new
1-64 dissolved oxygen standard for the stream in accordance with that
1-65 section as soon as is practicable but not later than December 31,
1-66 1995. A dissolved oxygen standard that does not conform to Section
1-67 26.023, Water Code, as amended by this Act, may be enforced until
1-68 December 31, 1995, or until the date a new enforceable standard
2-1 takes effect, whichever is sooner.
2-2 SECTION 3. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended,
2-7 and that this Act take effect and be in force from and after its
2-8 passage, and it is so enacted.
2-9 * * * * *