H.B. No. 1922
AN ACT
relating to the authorization of certain reuse water system
contributions and discharges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 26, Water Code, is amended
by adding Section 26.0271 to read as follows:
Sec. 26.0271. PERMITS AUTHORIZING REUSE WATER SYSTEM
CONTRIBUTIONS AND DISCHARGES. (a) This section applies only to
wastewater treatment facilities operated by an agency of a
home-rule municipality with a population of one million or more.
(b) In any permit or amendment to a permit issued under this
chapter, at the request of the applicant the commission may
authorize a wastewater treatment facility to contribute treated
domestic wastewater produced by the facility as reclaimed water to
a reuse water system if the commission has approved the use of
reclaimed water from the wastewater treatment facility.
(c) In any permit or amendment to a permit issued under this
chapter, at the request of the applicant the commission shall
authorize, subject to any required approval by the United States
Environmental Protection Agency, a wastewater treatment facility
to:
(1) contribute reclaimed water into a reuse water
system operated by the agency; and
(2) discharge reclaimed water contributed to a reuse
water system at any outfall for which a discharge from the reuse
water system is authorized in any permit issued for any wastewater
treatment facility operated by the agency.
(d) For an effluent limitation violation occurring at an
outfall permitted for reuse water system discharges by more than
one wastewater treatment facility, the commission shall attribute
the violation to the wastewater treatment facility contributing the
reclaimed water causing the violation. For a violation that is not
directly attributable to a specific wastewater treatment facility,
the commission shall attribute the violation to the wastewater
treatment facility contributing the greatest volume of reclaimed
water to the reuse water system on the date of the violation.
SECTION 2. (a) The change in law made by Section 26.0271,
Water Code, as added by this Act, applies only to permits or
amendments to permits issued on or after the effective date of this
Act. A permit or permit amendment that was issued before the
effective date of this Act is governed by the law in effect at the
time the permit or amendment to the permit was issued, and the
former law is continued in effect for that purpose.
(b) It is the intent of the legislature that the change in
law made by Section 26.0271, Water Code, as added by this Act, does
not in any way alter the current law related to permits, amendments
to permits, authorizations, and other approvals for the
contribution or discharge of reclaimed water, including the
commission's current reclaimed water rules, as applied to any
entity other than a wastewater treatment facility operated by an
agency of a home-rule municipality with a population of one million
or more, including a municipality with a population of less than one
million.
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, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1922 was passed by the House on April
22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1922 was passed by the Senate on May
21, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor