1-1 By: Krusee (Senate Sponsor - Wentworth) H.B. No. 1074 1-2 (In the Senate - Received from the House April 19, 1999; 1-3 April 20, 1999, read first time and referred to Committee on 1-4 Natural Resources; May 3, 1999, reported favorably by the following 1-5 vote: Yeas 6, Nays 0; May 3, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to public notification of certain accidental discharges or 1-9 spills into water. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Section 26.039, Water Code, is amended by 1-12 amending Subsection (b) and adding Subsections (e) and (f) to read 1-13 as follows: 1-14 (b) Whenever an accidental discharge or spill occurs at or 1-15 from any activity or facility which causes or may cause pollution, 1-16 the individual operating, in charge of, or responsible for the 1-17 activity or facility shall notify the commission as soon as 1-18 possible and not later than 24 hours after the occurrence. The 1-19 individual's notice to the commission must include the location, 1-20 volume, and content of the discharge or spill. 1-21 (e) If an accidental discharge or spill described by 1-22 Subsection (b) from a wastewater treatment or collection facility 1-23 owned or operated by a local government may adversely affect a 1-24 public or private source of drinking water, the individual shall 1-25 also notify appropriate local government officials and local media. 1-26 (f) The commission by rule shall specify the conditions 1-27 under which an individual must comply with Subsection (e) and 1-28 prescribe procedures for giving the required notice. The rules 1-29 must also state the content of the notice and the manner of giving 1-30 notice. In formulating the rules, the commission shall consider: 1-31 (1) the nature and extent of the discharge or spill; 1-32 (2) the potential effect of the discharge or spill; 1-33 and 1-34 (3) regional information about the susceptibility of a 1-35 particular drinking water source to a specific type of pollution. 1-36 SECTION 2. (a) This Act takes effect September 1, 1999. 1-37 (b) Not later than December 1, 1999, the Texas Natural 1-38 Resource Conservation Commission shall adopt the rules required by 1-39 Section 26.039(f), Water Code, as added by this Act. 1-40 (c) The change in law made by this Act applies only to an 1-41 accidental discharge or spill that occurs on or after January 1, 1-42 2000. An accidental discharge or spill that occurs before January 1-43 1, 2000, is covered by the law in effect when the discharge or 1-44 spill occurs, and the former law is continued in effect for that 1-45 purpose. 1-46 SECTION 3. The importance of this legislation and the 1-47 crowded condition of the calendars in both houses create an 1-48 emergency and an imperative public necessity that the 1-49 constitutional rule requiring bills to be read on three several 1-50 days in each house be suspended, and this rule is hereby suspended. 1-51 * * * * *