86R13299 JAM-D
By: Zwiener H.B. No. 4110
A BILL TO BE ENTITLED
AN ACT
relating to a study evaluating and making recommendations for the
regulation of on-site sewage disposal systems in the recharge zone
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) "On-site sewage disposal system" has the meaning
assigned by Section 366.002, Health and Safety Code.
SECTION 2. STUDY. (a) The commission shall conduct a study
to evaluate:
(1) the regulation of on-site sewage disposal systems
in the recharge zone of the Edwards Aquifer;
(2) the effects of on-site sewage disposal systems on
the recharge zone of the Edwards Aquifer and the Edwards Aquifer;
and
(3) best management practices for the regulation of
on-site sewage disposal systems in the recharge zone of the Edwards
Aquifer that:
(A) protect the supply of water, including
potable water, to users of groundwater from the Edwards Aquifer
through more restrictive regulations;
(B) do not contribute to adverse toxic effects on
aquatic life in the Edwards Aquifer; and
(C) do not contribute to adverse toxic effects on
human health resulting from the consumption of water from the
Edwards Aquifer.
(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 March 1, 2020, the
commission shall make publicly available on its Internet 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)(3) of
this Act. The commission must include in the report
recommendations, based on the findings, for on-site sewage disposal
regulatory practices that can be used to achieve the objectives of
Section 2(a)(3) of this Act.
SECTION 4. RULES TO IMPLEMENT. (a) Not later than
September 1, 2020, 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. 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, 2021.
SECTION 6. 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, 2019.