Bill Text: TX HB4146 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water in certain stream segments, stream assessment units, and drainage areas.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2021-05-12 - Received from the House [HB4146 Detail]
Download: Texas-2021-HB4146-Engrossed.html
| By: King of Uvalde, Cole, Rodriguez | H.B. No. 4146 | |
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| relating to a restriction on permits authorizing direct discharges | ||
| of waste or pollutants into water in certain stream segments, | ||
| stream assessment units, and drainage areas. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 26, Water Code, is amended | ||
| by adding Section 26.0275 to read as follows: | ||
| Sec. 26.0275. RESTRICTION ON PERMITS FOR DISCHARGES INTO | ||
| CERTAIN SEGMENTS, ASSESSMENT UNITS, AND DRAINAGE AREAS. (a) In | ||
| this section: | ||
| (1) "Assessment unit" has the meaning assigned by the | ||
| commission's Surface Water Quality Monitoring Program as it existed | ||
| on September 1, 2021. | ||
| (2) "Classified segment" means any water body or a | ||
| portion of a water body identified in Appendices A and C of 30 | ||
| T.A.C. Section 307.10 as it existed on September 1, 2021. | ||
| (3) "Drainage area" means any unclassified water body | ||
| that drains to a stream segment or a stream assessment unit to which | ||
| this section applies. | ||
| (4) "Stream assessment unit" means an assessment unit | ||
| for a stream, creek, or river, or a portion of a stream, creek, or | ||
| river, that is located within a classified segment that is not a | ||
| stream segment to which this section applies. | ||
| (5) "Stream segment" means a stream, creek, or river, | ||
| or a portion of a stream, creek, or river, that is a classified | ||
| segment. | ||
| (6) "Unclassified water body" means a water body other | ||
| than a classified segment or an assessment unit located within a | ||
| classified segment. | ||
| (b) This section applies to: | ||
| (1) a stream segment or stream assessment unit that, | ||
| on September 1, 2021, has had: | ||
| (A) at least 10 water quality samples taken from | ||
| the stream segment or stream assessment unit over the 10 calendar | ||
| years preceding January 1, 2020; and | ||
| (B) according to data in the commission's Surface | ||
| Water Quality Monitoring Information System, a total phosphorus | ||
| level below .06 milligrams per liter in 90 percent or more of all | ||
| water quality samples taken from the stream segment or stream | ||
| assessment unit taken over the 10 calendar years preceding January | ||
| 1, 2020; and | ||
| (2) the drainage areas of any stream segment or stream | ||
| assessment unit that meets the requirements of Subdivision (1). | ||
| (c) The commission may not issue a new permit authorizing | ||
| the direct discharge from a domestic wastewater treatment facility | ||
| of any waste, effluent, or pollutants into a stream segment, stream | ||
| assessment unit, or drainage area to which this section applies. | ||
| (d) This section does not affect the authority of the | ||
| commission to issue: | ||
| (1) a new or amended permit to a municipality or a | ||
| river authority that authorizes a direct discharge from a domestic | ||
| wastewater treatment facility of waste, effluent, or pollutants | ||
| into a stream segment, stream assessment unit, or drainage area to | ||
| which this section applies; | ||
| (2) an individual permit for a municipal separate | ||
| storm sewer system; or | ||
| (3) a general permit for stormwater and associated | ||
| non-stormwater discharges. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to an application for a permit that is submitted to the Texas | ||
| Commission on Environmental Quality on or after the effective date | ||
| of this Act. An application for a permit that was submitted to the | ||
| Texas Commission on Environmental Quality before the effective date | ||
| of this Act is governed by the law in effect at the time the | ||
| application was filed, and the former law is continued in effect for | ||
| that purpose. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2021. | ||
