88R7542 JXC-D
By: Zwiener H.B. No. 4144
A BILL TO BE ENTITLED
AN ACT
relating to the regulation by the Texas Commission on Environmental
Quality of the discharge of preproduction plastic.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 26.0135(a), Water Code, is amended to
read as follows:
(a) To ensure clean water, the commission shall establish
the strategic and comprehensive monitoring of water quality and the
periodic assessment of water quality in each watershed and river
basin of the state. In order to conserve public funds and avoid
duplication of effort, subject to adequate funding under Section
26.0291, river authorities shall, to the greatest extent possible
and under the supervision of the commission, conduct water quality
monitoring and assessments in their own watersheds. Watershed
monitoring and assessments involving agricultural or silvicultural
nonpoint source pollution shall be coordinated through the State
Soil and Water Conservation Board with local soil and water
conservation districts. The water quality monitoring and reporting
duties under this section apply only to a river authority that has
entered into an agreement with the commission to perform those
duties. The commission, either directly or through cooperative
agreements and contracts with local governments, shall conduct
monitoring and assessments of watersheds where a river authority is
unable to perform an adequate assessment of its own watershed. The
monitoring program shall provide data to identify significant
long-term water quality trends, characterize water quality
conditions, support the permitting process, and classify
unclassified waters. The commission shall consider available
monitoring data and assessment results in developing or reviewing
wastewater permits and stream standards and in conducting other
water quality management activities. The assessment must include a
review of wastewater discharges, nonpoint source pollution,
pollution from preproduction plastic, as defined by Section 26.023,
nutrient loading, toxic materials, biological health of aquatic
life, public education and involvement in water quality issues,
local and regional pollution prevention efforts, and other factors
that affect water quality within the watershed. The monitoring and
assessment required by this section is a continuing duty, and the
monitoring and assessment shall be periodically revised to show
changes in the factors subject to assessment.
SECTION 2. Section 26.023, Water Code, is amended to read as
follows:
Sec. 26.023. WATER QUALITY STANDARDS. (a) The commission
by rule shall set water quality standards for the water in the state
and may amend the standards from time to time. The commission has
the sole and exclusive authority to set water quality standards for
all water in the state. The commission shall consider the existence
and effects of nonpoint source pollution, preproduction plastic
pollution, toxic materials, and nutrient loading in developing
water quality standards and related waste load models for water
quality. The commission shall develop standards based on all
quality assured data obtained by the commission, including the
local watershed and river basin database described by Section
26.0135(c)(2).
(b) In this section:
(1) "Preproduction plastic" means pre-consumer
plastic resin, consisting of organic polymers and additives, in the
form of pellets, powder, flakes, or powdered additives.
(2) "Quality[, "quality] assured data" has the meaning
assigned by Section 26.0135(i).
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, 2023.