Texas 2025 - 89th Regular

Texas Senate Bill SB2441 Compare Versions

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1	1	89R10955 KRM-D
2	2	By: Zaffirini S.B. No. 2441
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of preproduction plastic by the Texas
10	10	Commission on Environmental Quality.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 361.003, Health and Safety Code, is
13	13	amended by adding Subdivision (40) to read as follows:
14	14	(40) "Preproduction plastic" means plastic resin
15	15	pellets, flakes, fibers, and powders, and powdered coloring for
16	16	plastics.
17	17	SECTION 2. Subchapter B, Chapter 361, Health and Safety
18	18	Code, is amended by adding Section 361.0115 to read as follows:
19	19	Sec. 361.0115. CLASS II NONHAZARDOUS INDUSTRIAL WASTE:
20	20	PREPRODUCTION PLASTIC. The commission by rule shall designate
21	21	preproduction plastics as a Class II nonhazardous industrial waste.
22	22	SECTION 3. Section 26.0135(a), Water Code, is amended to
23	23	read as follows:
24	24	(a) To ensure clean water, the commission shall establish
25	25	the strategic and comprehensive monitoring of water quality and the
26	26	periodic assessment of water quality in each watershed and river
27	27	basin of the state. In order to conserve public funds and avoid
28	28	duplication of effort, subject to adequate funding under Section
29	29	26.0291, river authorities shall, to the greatest extent possible
30	30	and under the supervision of the commission, conduct water quality
31	31	monitoring and assessments in their own watersheds. Watershed
32	32	monitoring and assessments involving agricultural or silvicultural
33	33	nonpoint source pollution shall be coordinated through the State
34	34	Soil and Water Conservation Board with local soil and water
35	35	conservation districts. The water quality monitoring and reporting
36	36	duties under this section apply only to a river authority that has
37	37	entered into an agreement with the commission to perform those
38	38	duties. The commission, either directly or through cooperative
39	39	agreements and contracts with local governments, shall conduct
40	40	monitoring and assessments of watersheds where a river authority is
41	41	unable to perform an adequate assessment of its own watershed. The
42	42	monitoring program shall provide data to identify significant
43	43	long-term water quality trends, characterize water quality
44	44	conditions, support the permitting process, and classify
45	45	unclassified waters. The commission shall consider available
46	46	monitoring data and assessment results in developing or reviewing
47	47	wastewater permits and stream standards and in conducting other
48	48	water quality management activities. The assessment must include a
49	49	review of wastewater discharges, nonpoint source pollution,
50	50	pollution from preproduction plastic, as defined by Section
51	51	26.0421, nutrient loading, toxic materials, biological health of
52	52	aquatic life, public education and involvement in water quality
53	53	issues, local and regional pollution prevention efforts, and other
54	54	factors that affect water quality within the watershed. The
55	55	monitoring and assessment required by this section is a continuing
56	56	duty, and the monitoring and assessment shall be periodically
57	57	revised to show changes in the factors subject to assessment.
58	58	SECTION 4. Section 26.023, Water Code, is amended to read as
59	59	follows:
60	60	Sec. 26.023. WATER QUALITY STANDARDS. (a) In this section:
61	61	(1) "Preproduction plastic" has the meaning assigned
62	62	by Section 26.0421.
63	63	(2) "Quality assured data" has the meaning assigned by
64	64	Section 26.0135(i).
65	65	(b) The commission by rule shall set water quality standards
66	66	for the water in the state and may amend the standards from time to
67	67	time. The commission has the sole and exclusive authority to set
68	68	water quality standards for all water in the state. The commission
69	69	shall consider the existence and effects of nonpoint source
70	70	pollution, preproduction plastic pollution, toxic materials, and
71	71	nutrient loading in developing water quality standards and related
72	72	waste load models for water quality. The commission shall develop
73	73	standards based on all quality assured data obtained by the
74	74	commission, including the local watershed and river basin database
75	75	described by Section 26.0135(c)(2). [In this section, "quality
76	76	assured data" has the meaning assigned by Section 26.0135(i).]
77	77	SECTION 5. Subchapter B, Chapter 26, Water Code, is amended
78	78	by adding Section 26.0421 to read as follows:
79	79	Sec. 26.0421. PREPRODUCTION PLASTIC MONITORING AND
80	80	REPORTING. (a) In this section:
81	81	(1) "Facility" means a facility where preproduction
82	82	plastic is manufactured, processed, handled, or transported.
83	83	(2) "Preproduction plastic" means pre-consumer
84	84	plastic resin, consisting of organic polymers and additives, in the
85	85	form of pellets, powder, flakes, or powdered additives.
86	86	(b) The commission by rule shall require a person who owns
87	87	or operates a facility operating under a multi-sector general
88	88	permit to:
89	89	(1) monitor for preproduction plastics in any
90	90	receiving waters around the facility; and
91	91	(2) conduct a monthly audit of any major spills of
92	92	preproduction plastics at the facility.
93	93	(c) The monitoring requirements required under Subsection
94	94	(b) must require the person who owns or operates the facility to
95	95	monitor any receiving waters for wastewater or stormwater
96	96	discharges:
97	97	(1) not less than once every month; and
98	98	(2) not later than eight hours after each rainfall
99	99	event at the facility.
100	100	(d) The auditing requirements required under Subsection (b)
101	101	must require the person who owns or operates the facility to:
102	102	(1) check the facility for any spills of preproduction
103	103	plastics;
104	104	(2) identify any major spill areas that resulted in
105	105	the discharge of preproduction plastics into the waters of this
106	106	state;
107	107	(3) determine the cause of each spill identified under
108	108	Subdivision (2);
109	109	(4) research methods to address each spill and any
110	110	associated problems;
111	111	(5) implement the most simple and effective solution;
112	112	and
113	113	(6) follow up each month to measure the success of
114	114	solutions adopted under Subdivision (5).
115	115	(e) The person who owns or operates a facility operating
116	116	under a multi-sector general permit shall notify the commission by
117	117	e-mail or telephone of a visible discharge of preproduction
118	118	plastics not later than 24 hours after the discharge occurs. The
119	119	notice must include:
120	120	(1) photographs and global positioning system
121	121	information of the location of all discharged or released
122	122	preproduction plastic;
123	123	(2) an estimate of the amount and location of
124	124	discharged or released preproduction plastic; and
125	125	(3) any cleanup efforts undertaken to remove
126	126	preproduction plastic for proper disposal.
127	127	SECTION 6. As soon as practicable after the effective date
128	128	of this Act, the Texas Commission on Environmental Quality shall
129	129	adopt rules necessary to implement the changes in law made by this
130	130	Act.
131	131	SECTION 7. This Act takes effect September 1, 2025.