By: Gutierrez H.B. No. 3538
A BILL TO BE ENTITLED
AN ACT
relating to minimum pollution removal requirements on storm water
discharge within the Edwards Aquifer in certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 26, Water Code, is amended
by adding Section 26.0463 to read as follows:
Sec. 26.0463. MINIMUM REQUIREMENTS FOR POLLUTION REMOVAL
FOR STORMWATER ENTERING THE EDWARDS AQUIFER. (a) In this section,
"stormwater treatment facility" means a facility that utilizes best
management practices approved by the Commission on Environmental
Quality to be used in a water pollution abatement plan, or similar
submittal, for the purpose of filtering out and removing pollutants
such as total suspended solids from stormwater runoff from
commercial, residential, industrial or retail developments that
are located within the recharge zone of the Edwards Aquifer, as
defined by the Commission in rule.
(b) The Commission may not approve the use or installation
of a new stormwater treatment facility in a water pollution
abatement plan unless the stormwater treatment facility has been
shown to remove 85% or more of the total suspended solids required
to be removed prior to the discharge of the stormwater into the
recharge zone of the Edwards Aquifer, according to the "Complying
with the Edwards Aquifer Rules, Technical Guidance on Best
Management Practices", as amended, or by other rule of the
Commission.
(c) This section does not apply to a recharge enhancement
facility within a natural watercourse that is expressly designed
and installed to improve the quantity and quality of surface water
entering the aquifer.
SECTION 2. The change in law made by this Act applies only
to an application for a water pollution abatement plan, or similar
submittal that is submitted to the Texas Commission on
Environmental Quality on or after the effective date of this Act. An
application for a water pollution abatement plan 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, 2013.