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.