Bill Text: TX HB4146 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
By: King of Uvalde | 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 or | ||
assessment units. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 26, Water Code, is amended | ||
by adding Section 26.0462 to read as follows: | ||
Sec. 26.0462. RESTRICTION ON PERMITS FOR DISCHARGES OF | ||
WASTE OR POLLUTANTS INTO CERTAIN STREAM SEGMENTS OR ASSESSMENT | ||
UNITS. (a) In this section, "classified stream segment" and | ||
"assessment unit within a classified stream segment" mean a | ||
classified stream segment or an assessment unit within a classified | ||
stream segment monitored under the commission's Surface Water | ||
Quality Monitoring Program as it existed during the period from | ||
January 1, 2010 to January 2020. | ||
(b) This section applies to the drainage area of a | ||
classified stream segment or an assessment unit within a classified | ||
stream segment that, on September 1, 2021, has had, according to | ||
commission data, a total phosphorus level at or below .06 | ||
milligrams per liter in 90 percent or more of all water quality | ||
samples taken from the stream segment or assessment unit for the 10 | ||
calendar years preceding January 1, 2020. This section does not | ||
apply to a classified stream segment or assessment unit of a | ||
classified stream segment that is located in the drainage area of | ||
another classified stream segment or assessment unit within a | ||
classified stream segment. | ||
(c) The commission may not: | ||
(1) issue a new permit authorizing the direct | ||
discharge of waste or pollutants into the drainage area of a | ||
classified stream segment or an assessment unit within a classified | ||
stream segment to which this section applies; or | ||
(2) amend a permit issued before September 1, 2021, to | ||
authorize an increase in the amount of waste or pollutants that may | ||
be directly discharged into the drainage area of a classified | ||
stream segment or an assessment unit within a classified stream | ||
segment 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 of waste or | ||
pollutants into the drainage area of a classified stream segment or | ||
an assessment unit within a classified stream segment; | ||
(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 or permit amendment that is submitted | ||
to the Texas Commission on Environmental Quality on or after the | ||
effective date of this Act. An application for a permit or permit | ||
amendment 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. |