83R5275 JAM-F
By: Watson S.B. No. 1024
A BILL TO BE ENTITLED
AN ACT
relating to a study evaluating and making recommendations for
wastewater management in the contributing zone of the Barton
Springs segment of the Edwards Aquifer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Commission" means the Texas Commission on
Environmental Quality.
(2) "Contributing zone of the Barton Springs segment
of the Edwards Aquifer" means the area or watershed in that segment
of the aquifer where runoff from precipitation flows downgradient
to the recharge zone of that segment of the aquifer, as determined
by the commission.
(3) "Wastewater management" means one or more
wastewater collection, treatment, disposal, dispersal, or reuse
methods or practices, regardless of whether those methods are
on-site, centralized, decentralized, or integrated with other
water treatment methods.
SECTION 2. STUDY. (a) Subject to Section 4 of this Act, the
commission shall conduct a study to evaluate:
(1) wastewater management in the contributing zone of
the Barton Springs segment of the Edwards Aquifer;
(2) the effects of wastewater management described by
Subdivision (1) of this subsection on the watersheds of the Barton
Springs complex, the contributing zone of the Barton Springs
segment of the Edwards Aquifer, the recharge zone of the Edwards
Aquifer, and the Edwards Aquifer;
(3) the effects of wastewater management described by
Subdivision (1) of this subsection on designated uses of the
receiving streams;
(4) the potential augmentation of potable groundwater
supplies in the Edwards Aquifer; and
(5) the efficacy and costs of various treatment
technologies, disposal methods, and best management practices that
reliably achieve:
(A) a level of effluent quality that:
(i) meets the primary and secondary
drinking water standards promulgated by the commission;
(ii) does not contribute to adverse toxic
effects on aquatic life in the receiving water;
(iii) does not contribute to adverse toxic
effects on human health resulting from the consumption of aquatic
organisms or water from, or from water recreation in, the receiving
water; and
(iv) does not alter nutrient concentrations
in the receiving water during non-storm conditions; and
(B) an increase in the supply of water, including
potable water, to users of groundwater from the Edwards Aquifer
through appropriate protective technologies.
(b) In conducting the study, the commission shall solicit
and consider information from the scientific and engineering
community and other stakeholders.
(c) The commission may contract with any appropriate person
to assist in conducting the study.
SECTION 3. REPORT. Not later than September 30, 2015, the
commission shall make publicly available on its website a report of
the findings and recommendations of the study conducted under this
Act. In the report, the commission must include findings that
address the study objectives described in Section 2(a)(5)(A) of
this Act. The commission must include in the report
recommendations, based on the findings, for:
(1) narrative and numeric criteria for discharge,
dispersal, or reuse of wastewater that achieves the objectives of
Section 2(a)(5)(A) of this Act; and
(2) wastewater management methods and practices that
can be used to achieve the objectives of Section 2(a)(5)(A) of this
Act and meet the criteria established in Subdivision (1) of this
section.
SECTION 4. RULES TO IMPLEMENT. (a) Not later than March
31, 2016, the commission shall develop proposed rules the
commission considers appropriate to implement the findings and
recommendations of the report and shall file notice of the proposed
rules as provided by Section 2001.023, Government Code.
(b) A rule proposed under Subsection (a) of this section
applies only to an action, including a filing of an application for
a permit or permit amendment, taken on or after the effective date
of the rule. An action taken before the effective date of a rule
proposed under Subsection (a) of this section is governed by the law
in effect at the time the action was taken, and an application for a
permit or permit amendment must be approved or denied on the basis
of the law in effect at the time the application is filed.
SECTION 5. FUNDING OF STUDY. (a) This Act does not make an
appropriation. A provision in this Act that creates a new
governmental program, creates a new entitlement, or imposes a new
duty on a governmental entity is not mandatory during a fiscal
period for which the legislature has not made a specific
appropriation to implement the provision. Gifts, grants, or
donations may be accepted for the purpose of implementing this Act.
(b) All funding necessary for the implementation of this Act
must be received by the commission and dedicated for that purpose
not later than December 31, 2013.
(c) The commission shall determine the scope of the study
based on the money available for the study under this section.
SECTION 6. EXPIRATION. This Act expires on the earlier of:
(1) the date the commission adopts rules proposed
under Section 4 of this Act; or
(2) December 1, 2016.
SECTION 7. EFFECTIVE DATE. 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.