Honorable Troy Fraser, Chair, Senate Committee on Natural Resources
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB824 by Callegari (Relating to reporting requirements for accidental sanitary sewer overflows.), As Engrossed
No significant fiscal implication to the State is anticipated.
The bill would amend the Water Code to exempt an individual from the requirement to notify the Texas Commission on Environmental Quality (TCEQ), or local governmental officials or local media for an accidental sanitary sewer overflow (SSO) that is 1,000 gallons or less; that is controlled or removed; and that does not reach state waters; and does not contaminate public or private drinking water. The bill would require an individual to report SSOs as specified on a monthly basis to TCEQ in the manner determined by TCEQ. Under current statute, the individual operating or responsible for the activity or facility is required to notify the commission not later than 24 hours after the occurrence regardless of the volume of discharge or spill. TCEQ would be required by rule to specify the conditions under which an individual must comply with the notification provisions.
According to TCEQ, no significant fiscal impact is anticipated. However, TCEQ's Sanitary Sewer Overflow (SSO) Initiative Program may be less affected since program participants would be required to report all unauthorized discharges on a monthly basis. The SSO Initiative is a voluntary program initiated in 2004 in an effort to address an increase in SSOs due to aging collection systems, and to encourage corrective action before there is harm to human health and safety or the environment.
TCEQ added that the provisions may lessen the impact regarding enforcement of the reporting requirement since TCEQ would be aware of any unauthorized discharges less than the designated threshold on a monthly basis. The delay in investigating an unauthorized discharge versus investigating as a result of immediate notification could pose a concern with the ability to determine compliance with the notification requirements, and to ensure that the discharge did not result in any impacts to human health, public safety, or the environment.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.