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.