SRC-JLB S.B. 856 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 856
78R5331 MI-FBy: Madla
Intergovernmental Relations
3/19/2003
As Filed


DIGEST AND PURPOSE 

Currently, Texas law does not grant the Texas Commission on Environmental
Quality (TCEQ), in the adoption of any rule implementing a federal
drinking water maximum contaminant level standard for naturally occurring
materials, the authority to exempt from implementing the federal standards
any potentially affected small community water systems in Texas with no
apparent reasonably available alternate water supply.  This gap in the
statute leaves small community water systems that are dependent on only
one water supply for all their water needs unprotected from federal
mandates that have failed to consider their circumstances.  As proposed,
S.B. 856 protects a small community water system's use of its only
available water source from federal mandates that establish a drinking
water maximum contaminant level standard for naturally occurring
materials, unless it has been determined by TCEQ or the proper state
regulatory body with expertise in the protection of public health that the
federal standard in question is scientifically justified and that adopting
the standard would provide a demonstrable public health benefit. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Commission on
Environmental Quality in SECTION 1 (Section 341.0316, Health and Safety
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 341C, Health and Safety Code, by adding Section
341.0316, as follows: 
 
Sec. 341.0316.  EXEMPTION FOR SMALL COMMUNITY WATER SYSTEMS FROM CERTAIN
DRINKING WATER STANDARDS.  (a)  Defines "demonstrable public health
benefit," "reasonably available alternate water supply," and "small
community water system." 

(b)  Requires the Texas Commission on Environmental Quality, in adopting a
rule to implement a federal drinking water standard for the maximum
contaminant level of such naturally occurring materials as radionuclides
and arsenic, to exempt from that standard a potentially affected small
community water system that has no reasonably available alternate water
supply unless certain conditions exist. 
 
(c)  Provides that the exemption does not apply if the federal government
pays for all costs for complying with the standards, including costs of
the state, the drinking water supplier, and the end point drinking water
user. 
 
SECTION 2.  Effective date:  upon passage or September 1, 2003.