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By:  Hilderbran                                                 H.C.R. No. 245



HOUSE CONCURRENT RESOLUTION
	WHEREAS, The U.S. Environmental Protection Agency (EPA), 
acting under the federal Safe Drinking Water Act (SDWA), has 
promulgated national standards for naturally occurring materials, 
such as radionuclides and arsenic, so as effectively to impose 
unfunded mandates relative to the waters of this state; and
	WHEREAS, The Texas Radiation Advisory Board (TRAB) has 
questioned the validity of the science used by the EPA in 
promulgating the national standards because the standards are based 
on unsupported, unwarranted, and nonvalidated public health 
theories; the proposed fix for the theoretical hazard in the 
drinking water has actually created more problems than it will 
solve for small rural community water systems (CWS) that have no 
alternative water supply, and the TRAB has recommended against 
Texas proposing and adopting such rules based on the adverse 
financial and devastating effects the rules will have on small CWS; 
and
	WHEREAS, The Texas Commission on Environmental Quality 
(TCEQ) is authorized by state and federal law to adopt and enforce 
rules in Texas to implement the SDWA but does not have authority to 
provide an exclusion from those rules for small CWS that have no 
alternative water supply and that are unable to comply with SDWA 
requirements because of exceptional physical or financial 
circumstances; now, therefore, be it
	RESOLVED, That the 78th Legislature of the State of Texas 
hereby declare its intent that, in adopting a rule to implement a 
federal drinking water standard for the maximum contaminant level 
of naturally occurring materials such as radionuclides and arsenic, 
the TCEQ after consulting with the EPA and Texas Water Development 
Board (TWDB) issue alternative compliance schedules for small CWS 
that cannot achieve compliance with the federal standards because 
of exceptional physical or financial circumstances; and, be it 
further
	RESOLVED, That in adopting the alternative compliance 
schedules, the TCEQ give special consideration to the size, 
density, and median income of the population served by a small CWS 
and whether a small CWS has any reasonably available alternative 
source of water; and, be it further
	RESOLVED, That the TCEQ, when adopting the federal rules, 
shall consult with the TWDB, the Texas Department of Agriculture, 
the TRAB, and other state agencies with expertise in the protection 
of public health and shall consider all relevant costs and benefits 
or detriments to the state and to affected small CWS implementing 
the standards, and will exercise as much regulatory flexibility 
practicable when implementing the rules; and, be it further
	RESOLVED, That the Texas Commission on Environmental Quality 
and related agencies involved, not later than January 1, 2005, in 
their regular report to the legislature include a summary of their 
findings and the status of implementation of the federal rule; and, 
be it further
	RESOLVED, That the secretary of state forward an official 
copy of this resolution to the respective chairs of the Texas 
Commission on Environmental Quality, Texas Water Development 
Board, Texas Department of Agriculture, and Texas Radiation 
Advisory Board.