C.S.H.B. 3030 78(R)    BILL ANALYSIS


C.S.H.B. 3030
By: Van Arsdale
Natural Resources
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

When a public facility discovers its water supply is contaminated, the
facility is required by law to notify those using the facility or its
water resources of the contamination. However, there is no provision in
Texas law to provide notice to owners of nearby private water wells, who
may also be affected by the same groundwater contamination.  

For example, in Harris County, a local public establishment using a water
well was found to have contaminated drinking water. Patrons of the
establishment and the Texas Commission  on Environmental Quality (TCEQ)
received notice of the contamination, but nearby residents and
establishments also using private water wells did not.  This lack of
notification potentially made private well residents of the area subject
to health risks due to drinking contaminated water without their
knowledge. The purpose of C.S.H.B. 3030 is to ensure that all Texans know
when their drinking water may be contaminated and therefore unsafe to
drink. 


RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Groundwater Protection Committee in SECTION  1
(Section 26.408, Water Code) of this bill. 

ANALYSIS

SECTION 1.  Amends Subchapter J, Chapter 26 of the Water Code by adding
Section 26.408: 
      
Subsection (a) requires that a state agency which documents a case of
groundwater contamination that may affect a drinking water well to notify
the TCEQ. 

Subsection (b) requires TCEQ, not later than the 30th day after receipt of
notice of groundwater contamination that may affect a drinking water well,
to make every effort to give notice of the contamination by first class
mail to each owner of a private drinking water well that may be affected
by the contamination and the applicable groundwater conservation district. 
  
Subsection (c) delegates authority to the Texas Groundwater Protection
Committee to develop the content and format of the notice to affected well
owners. 

SECTION 2.  Effective date.  Applies only to a case of groundwater
contamination documented on or after September 1, 2003. 


EFFECTIVE DATE

September 1, 2003


COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1.  Under Subsection (a), C.S.H.B. 3030 clarifies the focus of the
legislation to require notification to TCEQ  by a required state agency
under the statute when contamination may affect  a drinking water well.   

Under Subsection (b), C.S.H.B. 3030 adds the phrase "make every effort to
give notice" in the required notification to owners of private drinking
water wells and provides that notice go to owners who may be affected by
the contamination, to be determined by TCEQ.  It also provides that notice
by TCEQ should be given within 30 days of the agency's receipt of notice
of the contamination.  In addition, the substitute outlines language for
notification if the TCEQ has independent knowledge of a contamination
rather than only requiring notice when a state agency under Section 26.408
provides them notice.  The substitute also provides that TCEQ provide
notice of the contamination to each applicable groundwater district as
they may be able to aid in identifying private well owners. 

SECTION 2.  This section provides conforming language stipulating that the
Act applies only to a case of groundwater contamination documented on or
after September 1, 2003.