78R5331 MI-F
By: Hilderbran H.B. No. 1630
A BILL TO BE ENTITLED
AN ACT
relating to an exemption for small community water systems from
public drinking water standards for certain naturally occurring
materials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 341, Health and Safety
Code, is amended by adding Section 341.0316 to read as follows:
Sec. 341.0316. EXEMPTION FOR SMALL COMMUNITY WATER SYSTEMS
FROM CERTAIN DRINKING WATER STANDARDS. (a) In this section:
(1) "Demonstrable public health benefit" means a
material health benefit affecting an entire community water system
as evidenced by natural disease rates highly distinguishable from
disease rates enhanced by levels of naturally occurring materials
in drinking water as represented by maximum contaminant levels
established by federal mandate.
(2) "Reasonably available alternate water supply"
means another water source, the cost of access to which is not equal
to or greater than 1.3 times the amount of the user's cost for the
user's existing water supply.
(3) "Small community water system" means an entity
that serves 10,000 customers or fewer.
(b) 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, the commission
shall exempt from that standard a potentially affected small
community water system that has no reasonably available alternate
water supply unless:
(1) the commission and other state agencies with
expertise in the protection of public health demonstrate that the
standard is based on peer-reviewed and proper oral ingestion
studies to ensure that the standard provides a demonstrable public
health benefit; or
(2) the existing source of water for the small
community water system is groundwater, the reservoir of which
crosses state boundaries.
(c) 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. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.