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A BILL TO BE ENTITLED
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AN ACT
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relating to a restriction on permits authorizing direct discharges |
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of waste or pollutants into water in certain stream segments or |
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assessment units. |
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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 26.0462 to read as follows: |
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Sec. 26.0462. RESTRICTION ON PERMITS FOR DISCHARGES OF |
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WASTE OR POLLUTANTS INTO CERTAIN STREAM SEGMENTS OR ASSESSMENT |
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UNITS. (a) In this section, "classified stream segment" and |
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"assessment unit within a classified stream segment" mean a |
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classified stream segment or an assessment unit within a classified |
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stream segment monitored under the commission's Surface Water |
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Quality Monitoring Program as it existed during the period from |
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January 1, 2010 to January 2020. |
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(b) This section applies to the drainage area of a |
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classified stream segment or an assessment unit within a classified |
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stream segment that, on September 1, 2021, has had, according to |
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commission data, a total phosphorus level at or below .06 |
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milligrams per liter in 90 percent or more of all water quality |
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samples taken from the stream segment or assessment unit for the 10 |
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calendar years preceding January 1, 2020. This section does not |
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apply to a classified stream segment or assessment unit of a |
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classified stream segment that is located in the drainage area of |
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another classified stream segment or assessment unit within a |
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classified stream segment. |
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(c) The commission may not: |
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(1) issue a new permit authorizing the direct |
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discharge of waste or pollutants into the drainage area of a |
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classified stream segment or an assessment unit within a classified |
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stream segment to which this section applies; or |
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(2) amend a permit issued before September 1, 2021, to |
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authorize an increase in the amount of waste or pollutants that may |
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be directly discharged into the drainage area of a classified |
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stream segment or an assessment unit within a classified stream |
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segment to which this section applies. |
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(d) This section does not affect the authority of the |
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commission to issue: |
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(1) a new or amended permit to a municipality or a |
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river authority that authorizes a direct discharge of waste or |
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pollutants into the drainage area of a classified stream segment or |
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an assessment unit within a classified stream segment; |
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(2) an individual permit for a municipal separate |
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storm sewer system; or |
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(3) a general permit for stormwater and associated |
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non-stormwater discharges. |
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SECTION 2. The change in law made by this Act applies only |
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to an application for a permit or permit amendment that is submitted |
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to the Texas Commission on Environmental Quality on or after the |
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effective date of this Act. An application for a permit or permit |
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amendment that was submitted to the Texas Commission on |
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Environmental Quality before the effective date of this Act is |
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governed by the law in effect at the time the application was filed, |
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and the former law is 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, 2021. |