83R5275 JAM-F

By: Watson S.B. No. 1024

A BILL TO BE ENTITLED

AN ACT

relating to a study evaluating and making recommendations for wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. DEFINITIONS. In this Act:

(1) "Commission" means the Texas Commission on Environmental Quality.

(2) "Contributing zone of the Barton Springs segment of the Edwards Aquifer" means the area or watershed in that segment of the aquifer where runoff from precipitation flows downgradient to the recharge zone of that segment of the aquifer, as determined by the commission.

(3) "Wastewater management" means one or more wastewater collection, treatment, disposal, dispersal, or reuse methods or practices, regardless of whether those methods are on-site, centralized, decentralized, or integrated with other water treatment methods.

SECTION 2. STUDY. (a) Subject to Section 4 of this Act, the commission shall conduct a study to evaluate:

(1) wastewater management in the contributing zone of the Barton Springs segment of the Edwards Aquifer;

(2) the effects of wastewater management described by Subdivision (1) of this subsection on the watersheds of the Barton Springs complex, the contributing zone of the Barton Springs segment of the Edwards Aquifer, the recharge zone of the Edwards Aquifer, and the Edwards Aquifer;

(3) the effects of wastewater management described by Subdivision (1) of this subsection on designated uses of the receiving streams;

(4) the potential augmentation of potable groundwater supplies in the Edwards Aquifer; and

(5) the efficacy and costs of various treatment technologies, disposal methods, and best management practices that reliably achieve:

(A) a level of effluent quality that:

(i) meets the primary and secondary drinking water standards promulgated by the commission;

(ii) does not contribute to adverse toxic effects on aquatic life in the receiving water;

(iii) does not contribute to adverse toxic effects on human health resulting from the consumption of aquatic organisms or water from, or from water recreation in, the receiving water; and

(iv) does not alter nutrient concentrations in the receiving water during non-storm conditions; and

(B) an increase in the supply of water, including potable water, to users of groundwater from the Edwards Aquifer through appropriate protective technologies.

(b) In conducting the study, the commission shall solicit and consider information from the scientific and engineering community and other stakeholders.

(c) The commission may contract with any appropriate person to assist in conducting the study.

SECTION 3. REPORT. Not later than September 30, 2015, the commission shall make publicly available on its website a report of the findings and recommendations of the study conducted under this Act. In the report, the commission must include findings that address the study objectives described in Section 2(a)(5)(A) of this Act. The commission must include in the report recommendations, based on the findings, for:

(1) narrative and numeric criteria for discharge, dispersal, or reuse of wastewater that achieves the objectives of Section 2(a)(5)(A) of this Act; and

(2) wastewater management methods and practices that can be used to achieve the objectives of Section 2(a)(5)(A) of this Act and meet the criteria established in Subdivision (1) of this section.

SECTION 4. RULES TO IMPLEMENT. (a) Not later than March 31, 2016, the commission shall develop proposed rules the commission considers appropriate to implement the findings and recommendations of the report and shall file notice of the proposed rules as provided by Section 2001.023, Government Code.

(b) A rule proposed under Subsection (a) of this section applies only to an action, including a filing of an application for a permit or permit amendment, taken on or after the effective date of the rule. An action taken before the effective date of a rule proposed under Subsection (a) of this section is governed by the law in effect at the time the action was taken, and an application for a permit or permit amendment must be approved or denied on the basis of the law in effect at the time the application is filed.

SECTION 5. FUNDING OF STUDY. (a) This Act does not make an appropriation. A provision in this Act that creates a new governmental program, creates a new entitlement, or imposes a new duty on a governmental entity is not mandatory during a fiscal period for which the legislature has not made a specific appropriation to implement the provision. Gifts, grants, or donations may be accepted for the purpose of implementing this Act.

(b) All funding necessary for the implementation of this Act must be received by the commission and dedicated for that purpose not later than December 31, 2013.

(c) The commission shall determine the scope of the study based on the money available for the study under this section.

SECTION 6. EXPIRATION. This Act expires on the earlier of:

(1) the date the commission adopts rules proposed under Section 4 of this Act; or

(2) December 1, 2016.

SECTION 7. EFFECTIVE DATE. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.