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.