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A BILL TO BE ENTITLED
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AN ACT
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relating to a study evaluating and making recommendations for |
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wastewater management in the contributing zone of the Barton |
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Springs segment of the Edwards Aquifer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEFINITIONS. In this Act: |
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(1) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(2) "Contributing zone of the Barton Springs segment |
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of the Edwards Aquifer" means the area or watershed in that segment |
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of the aquifer where runoff from precipitation flows downgradient |
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to the recharge zone of that segment of the aquifer, as determined |
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by the commission. |
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(3) "Wastewater management" means one or more |
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wastewater collection, treatment, disposal, dispersal, or reuse |
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methods or practices, regardless of whether those methods are |
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on-site, centralized, decentralized, or integrated with other |
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water treatment methods. |
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SECTION 2. STUDY. (a) Subject to Section 4 of this Act, the |
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commission shall conduct a study to evaluate: |
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(1) wastewater management in the contributing zone of |
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the Barton Springs segment of the Edwards Aquifer; |
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(2) the effects of wastewater management described by |
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Subdivision (1) of this subsection on the watersheds of the Barton |
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Springs complex, the contributing zone of the Barton Springs |
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segment of the Edwards Aquifer, the recharge zone of the Edwards |
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Aquifer, and the Edwards Aquifer; |
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(3) the effects of wastewater management described by |
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Subdivision (1) of this subsection on designated uses of the |
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receiving streams; |
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(4) the potential augmentation of potable groundwater |
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supplies in the Edwards Aquifer; and |
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(5) the efficacy and costs of various treatment |
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technologies, disposal methods, and best management practices that |
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reliably achieve: |
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(A) a level of effluent quality that: |
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(i) meets the primary and secondary |
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drinking water standards promulgated by the commission; |
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(ii) does not contribute to adverse toxic |
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effects on aquatic life in the receiving water; |
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(iii) does not contribute to adverse toxic |
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effects on human health resulting from the consumption of aquatic |
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organisms or water from, or from water recreation in, the receiving |
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water; and |
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(iv) does not alter nutrient concentrations |
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in the receiving water during non-storm conditions; and |
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(B) an increase in the supply of water, including |
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potable water, to users of groundwater from the Edwards Aquifer |
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through appropriate protective technologies. |
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(b) In conducting the study, the commission shall solicit |
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and consider information from the scientific and engineering |
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community and other stakeholders. |
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(c) The commission may contract with any appropriate person |
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to assist in conducting the study. |
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SECTION 3. REPORT. Not later than September 30, 2015, the |
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commission shall make publicly available on its website a report of |
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the findings and recommendations of the study conducted under this |
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Act. In the report, the commission must include findings that |
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address the study objectives described in Section 2(a)(5)(A) of |
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this Act. The commission must include in the report |
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recommendations, based on the findings, for: |
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(1) narrative and numeric criteria for discharge, |
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dispersal, or reuse of wastewater that achieves the objectives of |
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Section 2(a)(5)(A) of this Act; and |
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(2) wastewater management methods and practices that |
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can be used to achieve the objectives of Section 2(a)(5)(A) of this |
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Act and meet the criteria established in Subdivision (1) of this |
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section. |
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SECTION 4. RULES TO IMPLEMENT. (a) Not later than March |
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31, 2016, the commission shall develop proposed rules the |
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commission considers appropriate to implement the findings and |
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recommendations of the report and shall file notice of the proposed |
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rules as provided by Section 2001.023, Government Code. |
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(b) A rule proposed under Subsection (a) of this section |
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applies only to an action, including a filing of an application for |
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a permit or permit amendment, taken on or after the effective date |
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of the rule. An action taken before the effective date of a rule |
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proposed under Subsection (a) of this section is governed by the law |
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in effect at the time the action was taken, and an application for a |
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permit or permit amendment must be approved or denied on the basis |
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of the law in effect at the time the application is filed. |
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SECTION 5. FUNDING OF STUDY. (a) This Act does not make an |
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appropriation. A provision in this Act that creates a new |
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governmental program, creates a new entitlement, or imposes a new |
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duty on a governmental entity is not mandatory during a fiscal |
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period for which the legislature has not made a specific |
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appropriation to implement the provision. Gifts, grants, or |
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donations may be accepted for the purpose of implementing this Act. |
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(b) All funding necessary for the implementation of this Act |
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must be received by the commission and dedicated for that purpose |
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not later than December 31, 2013. |
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(c) The commission shall determine the scope of the study |
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based on the money available for the study under this section. |
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SECTION 6. EXPIRATION. This Act expires on the earlier of: |
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(1) the date the commission adopts rules proposed |
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under Section 4 of this Act; or |
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(2) December 1, 2016. |
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SECTION 7. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2013. |