HBA-SEP C.S.H.B. 3431 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3431 By: Merritt Environmental Regulation 5/4/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE To reduce carbon monoxide and hydrocarbon levels in areas that do not meet the National Ambient Air Quality Standards, the federal Clean Air Act of 1990 mandated the use of reformulated gasoline (RFG) with a specific oxygen content. The primary oxygenate used in RFG is methyl tertiary-butyl ether (MTBE) which has a small molecular size and is soluble in water. While the use of MTBE has resulted in reduced air pollution, the leaking of MTBE in underground gasoline storage systems, recreational watercraft, pipelines, and above-ground tanks has created surface and groundwater contamination. In drinking water, MTBE has an unpleasant odor and taste and at higher concentrations is a potential carcinogen. C.S.H.B. 3431 prohibits a person from operating a waterborne craft with an internal combustion propulsion system using gasoline containing MTBE on any surface water body in this state if the gasoline contains MTBE in an amount intended to meet the requirements of a reformulated gasoline. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 3431 amends the Water Code to prohibit a person from operating a waterborne craft with an internal combustion propulsion system using gasoline containing methyl tertiary butyl ether (MTBE) on any surface water body in this state if the gasoline contains MTBE in an amount intended to meet the requirements of a reformulated gasoline. This provision does not apply to the use of a gasoline that contains some amount of MTBE but that is a conventional gasoline or to the use of a gasoline containing MTBE in an area designated as a nonattainment area if the use of reformulated gasoline is required by federal law and that requirement may be met by the use of MTBE. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3431 modifies the original to replace provisions regarding the prohibition of the sale of gasoline containing methyl tertiary butyl ether (MTBE) with provisions prohibiting a person from operating a waterborne craft with an internal combustion propulsion system using gasoline containing MTBE on any surface water body in this state if the gasoline contains MTBE in an amount intended to meet the requirements of a reformulated gasoline. The substitute also modifies the effective date.