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.