SRC-TJG H.B. 1979 78(R) BILL ANALYSIS Senate Research Center H.B. 1979 78R10224 MI-FBy: Puente (Armbrister) Natural Resources 5/21/2003 Engrossed DIGEST AND PURPOSE In 2002, there were 6,173 sanitary sewer overflows in the State of Texas, discharging 190 million gallons of wastewater. The EPA estimates that 42 percent of sanitary sewer overflows are a result of grease blocking pipes. The proper use of grease traps by food service facilities and restaurants can eliminate many of these overflows. H.B. 1979 addresses sanitary sewer overflow problems by directing the Texas Commission on Environmental Quality to adopt criteria establishing model standards to prevent the discharge of untreated wastewater from sanitary sewers. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 26.049, Water Code, by adding Subsections (f) and (g), as follows: (f) Requires the Texas Commission on Environmental Quality (TCEQ), notwithstanding any other provision of this section, to establish criteria for evaluating sanitary sewer overflows that occur as the result of a blockage due to grease. Requires the criteria to include consideration of whether the spill could reasonably have been prevented, was minimized, and was reported and the notice required by Section 26.039(e) was given. (g) Requires the adoption and enforcement by a separate sanitary sewer system of model standards for grease management recognized by the executive director to be considered by TCEQ to be evidence tending to show that reasonable measures have been taken to prevent or minimize spills or discharges. SECTION 2. Amends Subchapter B, Chapter 26, Water Code, by adding Section 26.0491, as follows: Sec. 26.0491. MODEL STANDARDS TO PREVENT DISCHARGE OF UNTREATED WASTEWATER FROM SANITARY SEWERS. (a) Defines "separate sanitary sewer system." (b) Requires TCEQ to adopt model standards for use by an operator of a separate sanitary sewer system that are designed to prevent the discharge of untreated wastewater from a separate sanitary sewer system. (c) Requires the model standards to include certain elements. SECTION 3. Requires TCEQ, not later than the 90th day after the effective date of this Act, to adopt the criteria required by Section 26.049(f), Water Code, as added by this Act, and the model standards required by Section 26.0491, Water Code, as added by this Act. SECTION 4. Effective date: September 1, 2003.