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A BILL TO BE ENTITLED
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AN ACT
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relating to minimum pollution removal requirements for certain |
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stormwater discharges in the Edwards Aquifer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 26, Water Code, is amended |
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by adding Section 26.0463 to read as follows: |
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Sec. 26.0463. MINIMUM REQUIREMENTS FOR POLLUTION REMOVAL |
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FOR STORMWATER ENTERING EDWARDS AQUIFER. (a) In this section, |
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"stormwater treatment facility" means a facility that utilizes best |
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management practices approved by the commission for use in a water |
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pollution abatement plan, or similar submission, for the purpose of |
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filtering out and removing pollutants such as total suspended |
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solids from stormwater runoff from commercial, residential, |
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industrial, or retail developments that are located within the |
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recharge zone of the Edwards Aquifer, as defined by commission |
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rule. |
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(b) The commission may not approve the use or installation |
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of a new stormwater treatment facility in a water pollution |
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abatement plan unless the stormwater treatment facility has been |
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shown to remove at least 85 percent of the total suspended solids |
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required to be removed prior to the discharge of the stormwater into |
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the recharge zone of the Edwards Aquifer according to the |
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"Complying with the Edwards Aquifer Rules, Technical Guidance on |
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Best Management Practices," as amended, or by other commission |
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rule. |
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(c) This section does not apply to a recharge enhancement |
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facility within a natural watercourse that is expressly designed |
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and installed to improve the quantity and quality of surface water |
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entering the aquifer. |
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SECTION 2. The change in law made by this Act applies only |
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to an application for approval or amendment of a water pollution |
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abatement plan or similar submission that is submitted to the Texas |
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Commission on Environmental Quality on or after the effective date |
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of this Act. An application for approval or amendment of a water |
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pollution abatement plan or similar submission that was submitted |
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to the Texas Commission on Environmental Quality before the |
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effective date of this Act is governed by the law in effect at the |
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time the application or submission was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |