HBA-KMH H.B. 1074 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1074 By: Krusee Natural Resources 3/7/1999 Introduced BACKGROUND AND PURPOSE Currently, water and wastewater permit holders are required to inform the Texas Natural Resource Conservation Commission (TNRCC) within 24 hours in the event of a spill or accidental discharge. Beyond TNRCC notification there in is no requirement to inform potentially affected citizens around the spill site. H.B. 1074 requires that notice also be given (pursuant to TNRCC guidelines) to the county judge and the county health department, and that a notice be posted at the county courthouse of the affected county, and in the newspaper with the largest circulation in the county. This bill also gives TNRCC more control in determining which spills must be reported. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill expressly delegates additional rulemaking authority to Texas Natural Resource Conservation Commission in SECTION 1 (Section 26.039 Water Code), of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 26.039, Water Code, by adding Subsections (e) and (f), as follows: (e) Requires the individual operating in charge of, or responsible for the activity or facility, not later than 24 hours after an accidental discharge or spill described by Subsection (b) (from any activity or facility which may cause pollution) that may adversely affect a public or private source of drinking water, to post a public notice at the county courthouse, notify the county judge, notify the county health department, and place a notice in the newspaper with the greatest circulation in that county. (f) Requires the Texas Natural Resource Conservation Commission (TNRCC) by rule to specify the conditions under which an individual must comply with Subsection (e) and prescribe procedures for giving the required notice. Sets forth that the rules must require that the individual identify, by location and type or segment, the water about which notice must be given, and that the rules must state the volume and content of a discharge requiring notice, and the manner of giving notice. Requires TNRCC in formulating the rules to consider regional information about the susceptibility of a particular water to particular types of pollution. SECTION 2. Effective date: September 1, 1999. Requires TNRCC to adopt the rules required by Section 26.039(f), Water Code, as added by this Act, no later than December 1, 1999. Makes application of this Act prospective to January 1, 2000. SECTION 3. Emergency clause.