By Lewis of Orange                                    H.B. No. 2471
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the designation of water quality protection zones in
    1-3  certain areas.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter E, Chapter 26, Water Code, is amended
    1-6  by adding Section 26.179 to read as follows:
    1-7        Sec. 26.179.  DESIGNATION OF WATER QUALITY PROTECTION ZONES
    1-8  IN CERTAIN AREAS.  (a)  In this section, "non-degradation" means:
    1-9              (1)  maintaining background levels of water quality
   1-10  measured in average annual loadings of total suspended solids,
   1-11  nutrients (total phosphorous and total nitrogen), and chemical and
   1-12  biological oxygen demand; or
   1-13              (2)  that the anti-degradation provisions of the
   1-14  Federal Water Quality Act codified as 40 CFR 131.12(a)(1) are met,
   1-15  which means that non-degradation is achieved if it is reasonably
   1-16  foreseeable that an activity or development does not lower water
   1-17  quality to the extent that it no longer is sufficient to protect
   1-18  and maintain the existing uses in the water body which receives the
   1-19  discharge from the activity or development.
   1-20        (b)  This section applies only to areas within the
   1-21  extraterritorial jurisdiction, outside the corporate limits, of a
   1-22  municipality that has disannexed territory previously annexed for
   1-23  limited purposes, and that has enacted or attempted to enforce four
    2-1  or more water quality ordinances or amendments thereto within the
    2-2  five years preceding the effective date of this Act, whether or not
    2-3  such ordinances or amendments were legally effective upon the area.
    2-4        (c)  The owner or owners of a contiguous tract of land in
    2-5  excess of 1,000 acres that is located within an area subject to
    2-6  this section may designate the tract as a "water quality protection
    2-7  zone."  The tract shall be deemed contiguous if all of its parts
    2-8  are physically adjacent, without regard to easements,
    2-9  rights-of-way, roads, streambeds, and public or quasi-public land.
   2-10  The purpose of a water quality protection zone is to provide the
   2-11  flexibility necessary to facilitate the development of the land
   2-12  within the zone, but which also is intended to result in
   2-13  non-degradation of the quality of water within the zone.
   2-14        (d)  Water quality non-degradation within a zone shall be
   2-15  achieved through a combination of one or more of the following:
   2-16  impervious cover limits of 16 percent of the gross site area of the
   2-17  zone for all future construction, state-of-the-art best water
   2-18  quality management and land planning practices, routine monitoring
   2-19  and maintenance, and public education.
   2-20        (e)  A water quality protection zone designated under this
   2-21  section shall be described by metes and bounds.  The designation
   2-22  shall include a general description of the proposed land uses
   2-23  within the zone, a water quality plan for the zone, and a general
   2-24  description of the water quality facilities and infrastructure to
   2-25  be constructed to protect water quality and achieve the
    3-1  non-degradation standard for the zone.
    3-2        (f)  Creation of a water quality protection zone shall become
    3-3  immediately effective upon recordation of the designation in the
    3-4  deed records of the county in which the land is located.  The
    3-5  designation shall be signed by the owner or owners of the land and
    3-6  filed with the city clerk of the municipality within whose
    3-7  extraterritorial jurisdiction the zone is located.
    3-8        (g)  The water quality plan for a zone, including the
    3-9  determination of background levels of water quality, shall be
   3-10  signed and sealed by a registered professional engineer
   3-11  acknowledging that the plan is designed to achieve the
   3-12  non-degradation standard defined in this section.  The water
   3-13  quality plan shall be submitted to the commission for approval, and
   3-14  the commission shall approve the plan upon a finding that
   3-15  implementation of the plan will reasonably result in attaining the
   3-16  water quality non-degradation as defined in this section.  A water
   3-17  quality plan may be amended from time to time upon approval by the
   3-18  commission, and any such amendment shall be approved by the
   3-19  commission unless there is a finding that the amendment will impair
   3-20  the attainment of water quality non-degradation as defined in this
   3-21  section.  The commission shall adopt and assess reasonable and
   3-22  necessary fees adequate to recover the costs of the commission in
   3-23  administering this section.  The commission review and enforcement
   3-24  of a water quality plan shall be performed by the commission staff
   3-25  that is responsible for reviewing pollution abatement plans in the
    4-1  county where the zone is located.  The review and approval of the
    4-2  plan shall be completed within 120 days of the date it is filed
    4-3  with the commission.
    4-4        (h)  The water quality plan for a zone shall be a covenant
    4-5  running with the land.
    4-6        (i)  Notwithstanding any other statutory authorization, a
    4-7  municipality may not enforce in a zone any of its ordinances, rules
    4-8  or requirements including, but not limited to, nuisance ordinances,
    4-9  pollution abatement regulations or plans, water quality ordinances,
   4-10  or subdivision requirements; nor shall a municipality collect fees
   4-11  or assessments or exercise powers of eminent domain within a zone
   4-12  until the zone has been annexed.
   4-13        (j)  Subdivision plats within a water quality protection zone
   4-14  shall be approved by the commissioners court of the county in which
   4-15  the zone is located if (i) the plat complies with the subdivision
   4-16  design regulations of the county, and (ii) the plat is acknowledged
   4-17  by a registered professional engineer stating that the plat is in
   4-18  compliance with the water quality plan then in effect within the
   4-19  water quality protection zone.
   4-20        SECTION 2.  Section 26.177(b), Subchapter E, Water Code, is
   4-21  amended to read as follows:
   4-22        (b)  The water pollution control and abatement program of a
   4-23  city shall encompass the entire city and, subject to Section 26.179
   4-24  of this subchapter, may include areas within its extraterritorial
   4-25  jurisdiction which in the judgment of the city should be included
    5-1  to enable the city to achieve the objectives of the city for the
    5-2  area within its territorial jurisdiction.  The city shall include
    5-3  in the program the services and functions which, in the judgment of
    5-4  the city or as may be reasonably required by the commission, will
    5-5  provide effective water pollution control and abatement for the
    5-6  city, including the following services and functions:
    5-7              (1)  the development and maintenance of an inventory of
    5-8  all significant waste discharges into or adjacent to the water
    5-9  within the city and, where the city so elects, within the
   5-10  extraterritorial jurisdiction of the city, without regard to
   5-11  whether or not the discharges are authorized by the commission;
   5-12              (2)  the regular monitoring of all significant waste
   5-13  discharges included in the inventory prepared pursuant to
   5-14  Subdivision (1) of this subsection;
   5-15              (3)  the collecting of samples and the conducting of
   5-16  periodic inspections and tests of the waste discharges being
   5-17  monitored to determine whether the discharges are being conducted
   5-18  in compliance with this chapter and any applicable permits, orders,
   5-19  or rules of the commission, and whether they should be covered by a
   5-20  permit from the commission;
   5-21              (4)  in cooperation with the commission, a procedure
   5-22  for obtaining compliance by the waste dischargers being monitored,
   5-23  including where necessary the use of legal enforcement proceedings;
   5-24              (5)  the development and execution of reasonable and
   5-25  realistic plans for controlling and abating pollution or potential
    6-1  pollution resulting from generalized discharges of waste which are
    6-2  not traceable to a specific source, such as storm sewer discharges
    6-3  and urban runoff from rainwater; and
    6-4              (6)  any additional services, functions, or other
    6-5  requirements as may be prescribed by commission rule.
    6-6        SECTION 3.  The importance of this legislation and the
    6-7  crowded condition of the calendars in both houses create an
    6-8  emergency and an imperative public necessity that the
    6-9  constitutional rule requiring bills to be read on three several
   6-10  days in each house be suspended, and this rule is hereby suspended,
   6-11  and that this Act take effect and be in force from and after its
   6-12  passage, and it is so enacted.