80R6910 MSE-F

By: Eltife S.B. No. 1124

A BILL TO BE ENTITLED

AN ACT

relating to sanitary, chemical, or bacteriological surveys of bodies of public water conducted by the Department of State Health Services and related fish advisories.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter G, Chapter 436, Health and Safety Code, is amended by adding Sections 436.092 through 436.098 to read as follows:

Sec. 436.092. DUTIES OF DIRECTOR. Before conducting a sanitary, chemical, or bacteriological survey of a body of public water, the director shall:

(1) prepare a proposed quality assurance project plan that complies with Section 436.094 and is designed specifically for the body of public water subject to the survey;

(2) publish notice of the proposed survey at least once in a newspaper regularly published or circulated in each county in which the body of public water is located and provide individual notice as required by Section 436.093; and

(3) provide a public review and comment period in accordance with Section 436.095.

Sec. 436.093. NOTICE TO STAKEHOLDERS. (a) The director shall identify persons with a direct interest in a body of public water that is the subject of a proposed sanitary, chemical, or bacteriological survey, including:

(1) the executive director of the Texas Commission on Environmental Quality;

(2) the executive director of the Texas Parks and Wildlife Department;

(3) a representative of each water district or river authority with jurisdiction over the body of public water subject to the proposed survey;

(4) a representative of the segment of the Texas Clean Rivers Program administered by the Texas Commission on Environmental Quality that performs functions in relation to the body of public water;

(5) a representative of each municipality:

(A) any portion of which is located within five miles of the body of public water;

(B) that maintains municipal facilities on or at the body of public water; or

(C) for which the body of public water is a source of drinking water or a discharge point for effluent;

(6) a representative of each industrial or commercial entity that uses the body of public water or is otherwise dependent on the body of public water in the entity's business; and

(7) a representative of any nongovernmental entity, such as a citizen or public interest group, that has as its primary purpose the preservation and protection of the body of public water.

(b) Not later than the 60th day before the proposed survey is scheduled to begin, the director shall mail notice of the proposed survey to each person listed or identified under Subsection (a). The notice must state:

(1) the reason for the proposed survey;

(2) the director's statutory and regulatory authority to conduct the proposed survey;

(3) the name, address, and phone number of a contact person at the department who is knowledgeable concerning the proposed survey and responsible for addressing questions from interested persons and other members of the public;

(4) the contaminants to be sampled in the proposed survey;

(5) a description of the opportunity for interested persons and other members of the public to learn more about the proposed survey; and

(6) a description of the review and comment process for the proposed survey and the proposed quality assurance project plan.

Sec. 436.094. QUALITY ASSURANCE PROJECT PLAN. The quality assurance project plan for a sanitary, chemical, or bacteriological survey of a body of public water must include:

(1) a general description of the survey;

(2) a statement of the objective of the survey;

(3) a description of the sampling and analytical methods and quality assurance procedures;

(4) a description of the methodology to be employed to interpret survey data;

(5) a description of the roles and responsibilities of the survey participants;

(6) a statement of the schedule for conducting the survey and obtaining survey results and the information anticipated to be obtained by the survey; and

(7) a map showing proposed sampling locations.

Sec. 436.095. REVIEW AND COMMENT PERIOD. (a) The director shall provide a review and comment period of at least 30 days during which interested persons and other members of the public may comment on the proposed sanitary, chemical, or bacteriological survey of a body of public water and the proposed quality assurance project plan.

(b) Before conducting the proposed sanitary, chemical, or bacteriological survey, the director must consider each comment received during the review and comment period and provide a written response to the comments.

(c) The director's response to comments must either accept or reject each comment and state the reason the comment was accepted or rejected.

Sec. 436.096. NOTICE TO PUBLIC OF RESPONSE TO COMMENTS AND QUALITY ASSURANCE PLAN. (a) After the close of the review and comment period and before a proposed sanitary, chemical, or bacteriological survey of a body of public water is conducted, the department shall make available to the public the director's written response to comments and a final quality assurance project plan.

(b) The director shall mail notice of the response to comments and final quality assurance project plan to each person listed by or identified under Section 436.093(a) and to each person who submitted a comment during the review and comment period.

Sec. 436.097. NOTICE ON COMPLETION OF SURVEY. (a) On completion of a sanitary, chemical, or bacteriological survey of a body of public water, the director shall notify the public of the survey results and of any declaration of a prohibited area or fish advisory the director considers necessary based on the survey results.

(b) Notice under this section must be published at least once in a newspaper regularly published or circulated in each county in which the body of public water is located. The director shall mail the notice to each person listed by or identified under Section 436.093(a) and to each person who submitted a comment during the review and comment period.

Sec. 436.098. FISH ADVISORIES. (a) The executive commissioner of the Health and Human Services Commission shall adopt rules in accordance with this section to establish standards for the form and content of health advisories concerning consumption of fish to ensure that the advisories communicate the appropriate level of risk associated with fish consumption.

(b) If survey data obtained from a body of public water suggest a distinction is appropriate, a fish advisory must distinguish:

(1) risks related to particular fish species;

(2) risks related to fish of a particular size; and

(3) risks to sensitive or at-risk populations, such as children or nursing or pregnant women.

(c) Rules adopted under this section must address other areas of potential public concern that may arise from the issuance of a fish advisory, including swimming, boating, catch-and-release fishing, and other recreational activities.

(d) If a fish advisory is issued, the department shall provide ongoing assistance to the public and interested persons in the effective communication of the advisory through preparation of circulars, maintaining posted signs, and providing a department contact for questions that arise regarding the advisory.

(e) Rules adopted under this section must require that the department review each fish advisory at least once during each four-year period. At a minimum, the review must:

(1) address the adequacy of the survey on which the advisory is based considering developments in applicable science or documented changes in underlying conditions of the body of public water; and

(2) consider credible information provided by interested persons and other members of the public.

(f) The department may accept gifts and grants to fund surveys related to fish advisories. Rules adopted under this section must include provisions to ensure that:

(1) appropriate information concerning the conduct of surveys supported by the gifts and grants is available to interested persons and other members of the public; and

(2) the surveys supported by gifts and grants produce reliable data.

SECTION 2. The executive commissioner of the Health and Human Services Commission shall adopt rules as necessary to implement this Act not later than January 1, 2008.

SECTION 3. This Act applies only to a sanitary, chemical, or bacteriological survey of a body of public water conducted on or after January 1, 2008.

SECTION 4. This Act applies only to a fish advisory issued or in effect on or after January 1, 2008.

SECTION 5. This Act takes effect September 1, 2007.