SRC-TJG C.S.H.B. 1979 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 1979
By: Puente (Armbrister)
Natural Resources
5/23/2003
Committee Report (Substituted)


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.  C.S.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),
(g), and (h), as follows: 

(f)  Requires the Texas Commission on Environmental Quality (TCEQ),
notwithstanding any other provision of this section, to establish criteria
for evaluating whether to initiate an enforcement action related to a
sanitary sewer overflows that occur as the result of a blockage due to
grease.  Requires the criteria to include consideration of whether the
discharge 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 sanitary
sewer overflows that occur as a result of blockage due to grease. 

(h) Provides that when a home-rule municipality has a plan to control or
minimize sanitary sewer overflows, Section 402.901 (Relocation or
Replacement of Water or Sewer Laterals), Local Government Code, does not
limit the power of a home-rule municipality, in exercising its home-rule
powers under Section 5, Article XI (Cities of More than 5,000 Population;
Adoption or Amendment of Charters; Taxes; Debt Restrictions), Texas
Constitution, to maintain, repair, relocate, or replace a water or
sanitary sewer lateral or service line on private property without making
an assessment against the property or a person. 
 
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 as a result
of blockage due to grease. 
 
(c)  Requires the model standards to include certain elements.

SECTION 3.  Requires TCEQ, not later than the 365th 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.