76R10347 MXM-F By Krusee H.B. No. 1074 Substitute the following for H.B. No. 1074: By Counts C.S.H.B. No. 1074 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to public notification of certain accidental discharges or 1-3 spills into water. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 26.039, Water Code, is amended by 1-6 amending Subsection (b) and adding Subsections (e) and (f) to read 1-7 as follows: 1-8 (b) Whenever an accidental discharge or spill occurs at or 1-9 from any activity or facility which causes or may cause pollution, 1-10 the individual operating, in charge of, or responsible for the 1-11 activity or facility shall notify the commission as soon as 1-12 possible and not later than 24 hours after the occurrence. The 1-13 individual's notice to the commission must include the location, 1-14 volume, and content of the discharge or spill. 1-15 (e) If an accidental discharge or spill described by 1-16 Subsection (b) from a wastewater treatment or collection facility 1-17 owned or operated by a local government may adversely affect a 1-18 public or private source of drinking water, the individual shall 1-19 also notify appropriate local government officials and local media. 1-20 (f) The commission by rule shall specify the conditions 1-21 under which an individual must comply with Subsection (e) and 1-22 prescribe procedures for giving the required notice. The rules 1-23 must also state the content of the notice and the manner of giving 1-24 notice. In formulating the rules, the commission shall consider: 2-1 (1) the nature and extent of the discharge or spill; 2-2 (2) the potential effect of the discharge or spill; 2-3 and 2-4 (3) regional information about the susceptibility of a 2-5 particular drinking water source to a specific type of pollution. 2-6 SECTION 2. (a) This Act takes effect September 1, 1999. 2-7 (b) Not later than December 1, 1999, the Texas Natural 2-8 Resource Conservation Commission shall adopt the rules required by 2-9 Section 26.039(f), Water Code, as added by this Act. 2-10 (c) The change in law made by this Act applies only to an 2-11 accidental discharge or spill that occurs on or after January 1, 2-12 2000. An accidental discharge or spill that occurs before January 2-13 1, 2000, is covered by the law in effect when the discharge or 2-14 spill occurs, and the former law is continued in effect for that 2-15 purpose. 2-16 SECTION 3. The importance of this legislation and the 2-17 crowded condition of the calendars in both houses create an 2-18 emergency and an imperative public necessity that the 2-19 constitutional rule requiring bills to be read on three several 2-20 days in each house be suspended, and this rule is hereby suspended.