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
A BILL TO BE ENTITLED
AN ACT
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.