Bill Text: TX HB4146 | 2021-2022 | 87th Legislature | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
87R18849 SLB-F | |||
By: King of Uvalde | H.B. No. 4146 | ||
Substitute the following for H.B. No. 4146: | |||
By: Reynolds | C.S.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: | ||
(1) issue a new permit authorizing the direct | ||
discharge of any waste, effluent, or pollutants into a stream | ||
segment, stream assessment unit, or drainage area to which this | ||
section applies; or | ||
(2) amend a permit issued before September 1, 2021, to | ||
authorize an increase in the amount of waste, effluent, or | ||
pollutants that may be directly discharged 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 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 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. |