| 1 | 1 | | 88R7542 JXC-D |
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| 2 | 2 | | By: Zwiener H.B. No. 4144 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation by the Texas Commission on Environmental |
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| 8 | 8 | | Quality of the discharge of preproduction plastic. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 26.0135(a), Water Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) To ensure clean water, the commission shall establish |
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| 13 | 13 | | the strategic and comprehensive monitoring of water quality and the |
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| 14 | 14 | | periodic assessment of water quality in each watershed and river |
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| 15 | 15 | | basin of the state. In order to conserve public funds and avoid |
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| 16 | 16 | | duplication of effort, subject to adequate funding under Section |
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| 17 | 17 | | 26.0291, river authorities shall, to the greatest extent possible |
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| 18 | 18 | | and under the supervision of the commission, conduct water quality |
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| 19 | 19 | | monitoring and assessments in their own watersheds. Watershed |
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| 20 | 20 | | monitoring and assessments involving agricultural or silvicultural |
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| 21 | 21 | | nonpoint source pollution shall be coordinated through the State |
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| 22 | 22 | | Soil and Water Conservation Board with local soil and water |
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| 23 | 23 | | conservation districts. The water quality monitoring and reporting |
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| 24 | 24 | | duties under this section apply only to a river authority that has |
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| 25 | 25 | | entered into an agreement with the commission to perform those |
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| 26 | 26 | | duties. The commission, either directly or through cooperative |
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| 27 | 27 | | agreements and contracts with local governments, shall conduct |
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| 28 | 28 | | monitoring and assessments of watersheds where a river authority is |
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| 29 | 29 | | unable to perform an adequate assessment of its own watershed. The |
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| 30 | 30 | | monitoring program shall provide data to identify significant |
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| 31 | 31 | | long-term water quality trends, characterize water quality |
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| 32 | 32 | | conditions, support the permitting process, and classify |
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| 33 | 33 | | unclassified waters. The commission shall consider available |
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| 34 | 34 | | monitoring data and assessment results in developing or reviewing |
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| 35 | 35 | | wastewater permits and stream standards and in conducting other |
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| 36 | 36 | | water quality management activities. The assessment must include a |
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| 37 | 37 | | review of wastewater discharges, nonpoint source pollution, |
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| 38 | 38 | | pollution from preproduction plastic, as defined by Section 26.023, |
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| 39 | 39 | | nutrient loading, toxic materials, biological health of aquatic |
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| 40 | 40 | | life, public education and involvement in water quality issues, |
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| 41 | 41 | | local and regional pollution prevention efforts, and other factors |
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| 42 | 42 | | that affect water quality within the watershed. The monitoring and |
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| 43 | 43 | | assessment required by this section is a continuing duty, and the |
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| 44 | 44 | | monitoring and assessment shall be periodically revised to show |
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| 45 | 45 | | changes in the factors subject to assessment. |
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| 46 | 46 | | SECTION 2. Section 26.023, Water Code, is amended to read as |
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| 47 | 47 | | follows: |
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| 48 | 48 | | Sec. 26.023. WATER QUALITY STANDARDS. (a) The commission |
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| 49 | 49 | | by rule shall set water quality standards for the water in the state |
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| 50 | 50 | | and may amend the standards from time to time. The commission has |
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| 51 | 51 | | the sole and exclusive authority to set water quality standards for |
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| 52 | 52 | | all water in the state. The commission shall consider the existence |
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| 53 | 53 | | and effects of nonpoint source pollution, preproduction plastic |
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| 54 | 54 | | pollution, toxic materials, and nutrient loading in developing |
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| 55 | 55 | | water quality standards and related waste load models for water |
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| 56 | 56 | | quality. The commission shall develop standards based on all |
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| 57 | 57 | | quality assured data obtained by the commission, including the |
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| 58 | 58 | | local watershed and river basin database described by Section |
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| 59 | 59 | | 26.0135(c)(2). |
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| 60 | 60 | | (b) In this section: |
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| 61 | 61 | | (1) "Preproduction plastic" means pre-consumer |
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| 62 | 62 | | plastic resin, consisting of organic polymers and additives, in the |
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| 63 | 63 | | form of pellets, powder, flakes, or powdered additives. |
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| 64 | 64 | | (2) "Quality[, "quality] assured data" has the meaning |
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| 65 | 65 | | assigned by Section 26.0135(i). |
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| 66 | 66 | | SECTION 3. This Act takes effect immediately if it receives |
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| 67 | 67 | | a vote of two-thirds of all the members elected to each house, as |
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| 68 | 68 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 69 | 69 | | Act does not receive the vote necessary for immediate effect, this |
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| 70 | 70 | | Act takes effect September 1, 2023. |
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