Texas 2021 - 87th Regular

Texas House Bill HB4146 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: King of Uvalde, Cole, Rodriguez H.B. No. 4146
	1	+	87R18849 SLB-F
	2	+	By: King of Uvalde H.B. No. 4146
	3	+	Substitute the following for H.B. No. 4146:
	4	+	By: Reynolds C.S.H.B. No. 4146
2	5
3	6
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6	9		relating to a restriction on permits authorizing direct discharges
7	10		of waste or pollutants into water in certain stream segments,
8	11		stream assessment units, and drainage areas.
9	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	13		SECTION 1. Subchapter B, Chapter 26, Water Code, is amended
11	14		by adding Section 26.0275 to read as follows:
12	15		Sec. 26.0275. RESTRICTION ON PERMITS FOR DISCHARGES INTO
13	16		CERTAIN SEGMENTS, ASSESSMENT UNITS, AND DRAINAGE AREAS. (a) In
14	17		this section:
15	18		(1) "Assessment unit" has the meaning assigned by the
16	19		commission's Surface Water Quality Monitoring Program as it existed
17	20		on September 1, 2021.
18	21		(2) "Classified segment" means any water body or a
19	22		portion of a water body identified in Appendices A and C of 30
20	23		T.A.C. Section 307.10 as it existed on September 1, 2021.
21	24		(3) "Drainage area" means any unclassified water body
22	25		that drains to a stream segment or a stream assessment unit to which
23	26		this section applies.
24	27		(4) "Stream assessment unit" means an assessment unit
25	28		for a stream, creek, or river, or a portion of a stream, creek, or
26	29		river, that is located within a classified segment that is not a
27	30		stream segment to which this section applies.
28	31		(5) "Stream segment" means a stream, creek, or river,
29	32		or a portion of a stream, creek, or river, that is a classified
30	33		segment.
31	34		(6) "Unclassified water body" means a water body other
32	35		than a classified segment or an assessment unit located within a
33	36		classified segment.
34	37		(b) This section applies to:
35	38		(1) a stream segment or stream assessment unit that,
36	39		on September 1, 2021, has had:
37	40		(A) at least 10 water quality samples taken from
38	41		the stream segment or stream assessment unit over the 10 calendar
39	42		years preceding January 1, 2020; and
40	43		(B) according to data in the commission's Surface
41	44		Water Quality Monitoring Information System, a total phosphorus
42	45		level below .06 milligrams per liter in 90 percent or more of all
43	46		water quality samples taken from the stream segment or stream
44	47		assessment unit taken over the 10 calendar years preceding January
45	48		1, 2020; and
46	49		(2) the drainage areas of any stream segment or stream
47	50		assessment unit that meets the requirements of Subdivision (1).
48		-	(c) The commission may not issue a new permit authorizing
49		-	the direct discharge from a domestic wastewater treatment facility
50		-	of any waste, effluent, or pollutants into a stream segment, stream
51		-	assessment unit, or drainage area to which this section applies.
	51	+	(c) The commission may not:
	52	+	(1) issue a new permit authorizing the direct
	53	+	discharge of any waste, effluent, or pollutants into a stream
	54	+	segment, stream assessment unit, or drainage area to which this
	55	+	section applies; or
	56	+	(2) amend a permit issued before September 1, 2021, to
	57	+	authorize an increase in the amount of waste, effluent, or
	58	+	pollutants that may be directly discharged into a stream segment,
	59	+	stream assessment unit, or drainage area to which this section
	60	+	applies.
52	61		(d) This section does not affect the authority of the
53	62		commission to issue:
54	63		(1) a new or amended permit to a municipality or a
55		-	river authority that authorizes a direct discharge from a domestic
56		-	wastewater treatment facility of waste, effluent, or pollutants
57		-	into a stream segment, stream assessment unit, or drainage area to
58		-	which this section applies;
	64	+	river authority that authorizes a direct discharge of waste,
	65	+	effluent, or pollutants into a stream segment, stream assessment
	66	+	unit, or drainage area to which this section applies;
59	67		(2) an individual permit for a municipal separate
60	68		storm sewer system; or
61	69		(3) a general permit for stormwater and associated
62	70		non-stormwater discharges.
63	71		SECTION 2. The change in law made by this Act applies only
64		-	to an application for a permit that is submitted ~~to the Texas~~
65		-	Commission on Environmental Quality on or after the ~~effective date~~
66		-	of this Act. An application for a permit ~~that was submitted to the~~
67		-	Texas Commission on ~~Environmental Quality before the effective date~~
68		-	of this Act is ~~governed by the law in effect at the time the~~
69		-	application was filed, ~~and the former law is continued in effect for~~
70		-	that purpose.
	72	+	to an application for a permit or permit amendment that is submitted
	73	+	to the Texas Commission on Environmental Quality on or after the
	74	+	effective date of this Act. An application for a permit or permit
	75	+	amendment that was submitted to the Texas Commission on
	76	+	Environmental Quality before the effective date of this Act is
	77	+	governed by the law in effect at the time the application was filed,
	78	+	and the former law is continued in effect for that purpose.
71	79		SECTION 3. This Act takes effect immediately if it receives
72	80		a vote of two-thirds of all the members elected to each house, as
73	81		provided by Section 39, Article III, Texas Constitution. If this
74	82		Act does not receive the vote necessary for immediate effect, this
75	83		Act takes effect September 1, 2021.