Texas 2021 - 87th Regular

Texas Senate Bill SB1747 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Zaffirini S.B. No. 1747
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a restriction on permits authorizing direct discharges
7	7	of waste or pollutants into water in certain stream segments or
8	8	assessment units.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 26, Water Code, is amended
11	11	by adding Section 26.0462 to read as follows:
12	12	Sec. 26.0462. RESTRICTION ON PERMITS FOR DISCHARGES OF
13	13	WASTE OR POLLUTANTS INTO CERTAIN STREAM SEGMENTS OR ASSESSMENT
14	14	UNITS. (a) In this section, "classified stream segment" and
15	15	"assessment unit within a classified stream segment" mean a
16	16	classified stream segment or an assessment unit within a classified
17	17	stream segment monitored under the commission's Surface Water
18	18	Quality Monitoring Program as it existed during the period from
19	19	January 1, 2010 to January 2020.
20	20	(b) This section applies to the drainage area of a
21	21	classified stream segment or an assessment unit within a classified
22	22	stream segment that, on September 1, 2021, has had, according to
23	23	commission data, a total phosphorus level at or below .06
24	24	milligrams per liter in 90 percent or more of all water quality
25	25	samples taken from the stream segment or assessment unit for the 10
26	26	calendar years preceding January 1, 2020. This section does not
27	27	apply to a classified stream segment or assessment unit of a
28	28	classified stream segment that is located in the drainage area of
29	29	another classified stream segment or assessment unit within a
30	30	classified stream segment.
31	31	(c) The commission may not:
32	32	(1) issue a new permit authorizing the direct
33	33	discharge of waste or pollutants into the drainage area of a
34	34	classified stream segment or an assessment unit within a classified
35	35	stream segment to which this section applies; or
36	36	(2) amend a permit issued before September 1, 2021, to
37	37	authorize an increase in the amount of waste or pollutants that may
38	38	be directly discharged into the drainage area of a classified
39	39	stream segment or an assessment unit within a classified stream
40	40	segment to which this section applies.
41	41	(d) This section does not affect the authority of the
42	42	commission to issue:
43	43	(1) a new or amended permit to a municipality or a
44	44	river authority that authorizes a direct discharge of waste or
45	45	pollutants into the drainage area of a classified stream segment or
46	46	an assessment unit within a classified stream segment;
47	47	(2) an individual permit for a municipal separate
48	48	storm sewer system; or
49	49	(3) a general permit for stormwater and associated
50	50	non-stormwater discharges.
51	51	SECTION 2. The change in law made by this Act applies only
52	52	to an application for a permit or permit amendment that is submitted
53	53	to the Texas Commission on Environmental Quality on or after the
54	54	effective date of this Act. An application for a permit or permit
55	55	amendment that was submitted to the Texas Commission on
56	56	Environmental Quality before the effective date of this Act is
57	57	governed by the law in effect at the time the application was filed,
58	58	and the former law is continued in effect for that purpose.
59	59	SECTION 3. This Act takes effect immediately if it receives
60	60	a vote of two-thirds of all the members elected to each house, as
61	61	provided by Section 39, Article III, Texas Constitution. If this
62	62	Act does not receive the vote necessary for immediate effect, this
63	63	Act takes effect September 1, 2021.