By McClendon H.B. No. 38
77R1204 SMH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas Natural Resource Conservation Commission's
1-3 consideration of cumulative risks in certain administrative
1-4 proceedings.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 5, Water Code, is amended
1-7 by adding Section 5.127 to read as follows:
1-8 Sec. 5.127. CONSIDERATION OF CUMULATIVE RISKS. (a) In an
1-9 administrative proceeding involving the siting, expansion, or
1-10 operation of a facility in the local area in which other facilities
1-11 are located, an affected party may offer, and the commission shall
1-12 consider, evidence relating to cumulative risks, including:
1-13 (1) the effect of releases, emissions, or discharges
1-14 from the facility and from other facilities in the area;
1-15 (2) the potential for exposure to a particular
1-16 substance by means of multiple pathways; and
1-17 (3) the combined level of noise, odor, and other
1-18 impacts from the facility and other facilities in the area.
1-19 (b) The commission shall:
1-20 (1) develop and implement policies to protect the
1-21 public from cumulative risks, particularly in:
1-22 (A) low-income or minority communities; and
1-23 (B) communities in which permitted facilities
1-24 are concentrated; and
2-1 (2) give priority to monitoring and enforcement in
2-2 areas in which permitted facilities are concentrated.
2-3 (c) The commission shall adopt rules as necessary to
2-4 accomplish the purposes of this section.
2-5 SECTION 2. This Act takes effect September 1, 2001.