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.