C.S.S.B. 1633 78(R)    BILL ANALYSIS


C.S.S.B. 1633
By: Wentworth
Natural Resources
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

C.S.S.B. 1633 provides for the use of water and salt conserving water
softening devices in certain defined situations.  


RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Commission on Environmental Quality in SECTION 1
(Section 366.013, Subchapter B, Health and Safety Code) and SECTION 2
(366.013 (f), Health and Safety Code) of this bill. 

ANALYSIS

SECTION 1. Amends Subchapter B, Chapter 366, Health and Safety Code, by
adding Sections 366.013 as follows:  

Sec. 366.013. INSTALLATION AND USE OF WATER SOFTENERS AND REVERSE OSMOSIS
SYSTEMS. (a) Authorizes an owner to install and use a household water
softener that discharges effluent into an on-site sewage disposal system
only if the installed water softener meets certain requirements.  

(b) Authorizes a water softener without a DIR device installed on an
on-site sewage disposal system before September 1, 2003, to be continued
in use.  Provides that the owner must replace the water softener with a
new water softener that meet the requirements of Subsection (a) if the
owner replaces the water softener or installs a new on-site sewage
disposal system for the building or other property served by the existing
system. 

(c) Authorizes an owner to install and use a point-of-use reverse osmosis
system that discharges effluents into an on-site sewage disposal system. 

(d) Authorizes an owner to install and use a point of entry reverse
osmosis system that discharges effluent into an on-site sewage disposal
system if the calculated volume of effluent does not cause hydraulic
overloading or has been adequately addressed in the design of the on-site
sewage disposal system.  

(e) Provides that this section does not apply to certain on-site sewage
disposal systems unless the water softener drain line to the system
bypasses the treatment system and flows into the pump tank or directly
unto the discharge method. 

(e) Authorizes an owner to install and use a point-of-use reverse osmosis
system that discharges effluent into an on-site sewage disposal system.  

(f)  Requires the TCEQ to adopt rules for water softeners and reverse
osmosis systems.  

SECTION 2. Requires the TCEQ to adopt rules and standards.

SECTION 3. Effective Date.
 
EFFECTIVE DATE

September 1, 2003

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute struck the following language from the original:

(1) Required the Texas Commission on Environmental Quality (TCEQ) to
design and make the label required by Subsection (a)(3) available to
owners and installers and to the Texas Water Quality Association for
distribution to owners and installers. Required the part of the label
identifying the system as being equipped with a demand-initiated
regeneration control device (DIR device) to be in a font size not smaller
than 18 points. Authorized TCEQ to charge a nominal fee for the labels and
requires TCEQ to maintain compliance information on its website to allow
owners and installers of household water softeners easy access to that
information. 

(2) Required a water softener installed on an on-site sewage disposal
system to be sized, programmed, and calibrated for the most efficient
operation possible, as determined by a certified water treatment
specialist, for added protection to the environment and for the proper
operation of the system.   

The substitute also changed requirements regarding the exemptions for use
of a DIR device and the requirements regarding installation of a new
system after using an exempted system. 

The substitute also made technical changes to the types of on-site systems
the rules do and do not apply to, and made additional stipulations
concerning implementation of the rules.