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.