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.