By: Schwertner S.B. No. 1586

(In the Senate - Filed February 24, 2025; March 10, 2025, read first time and referred to Committee on Water, Agriculture and Rural Affairs; April 29, 2025, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; April 29, 2025, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 1586 By: Hancock

A BILL TO BE ENTITLED

AN ACT

relating to the issuance by the Texas Commission on Environmental Quality of permits for certain wastewater treatment facilities.

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

SECTION 1. Subchapter B, Chapter 26, Water Code, is amended by adding Section 26.054 to read as follows:

Sec. 26.054. CONDITIONS OF PERMIT FOR PACKAGE PLANT. (a) In this section, "package plant" means a pre-manufactured wastewater treatment facility with a capacity of less than 500,000 gallons per day. The term includes an extended aeration plant, sequencing batch reactor, or oxidation ditch.

(b) The commission may not issue a permit for a proposed package plant that is located within 1,000 feet of a municipal wastewater line.

(c) The commission may issue a permit for a proposed package plant only if the applicant demonstrates to the commission that:

(1) the applicant will implement measures to ensure the security and weatherization of the package plant;

(2) the applicant has financial assurance adequate to provide for future maintenance of the package plant;

(3) the owner or operator of a permitted wastewater treatment facility or wastewater collection system located within three miles of the service area of the proposed package plant has affirmatively denied a request by the applicant or the owner of the property to be served by the proposed package plant for the provision of the same or similar service to be provided by the proposed package plant;

(4) the cumulative effect of the discharge of wastewater from the proposed package plant considered together with the discharge of wastewater from other permitted facilities on the proposed disposal route will not result in an increase in environmental degradation; and

(5) the applicant:

(A) does not owe delinquent fees to the commission;

(B) is not subject to an unresolved administrative order issued by the commission; and

(C) within the 10 years preceding the date the applicant filed the application, has not had a repeated or unresolved violation that cannot be remediated by a major amendment to a permit issued by the commission or the operation of a new permitted facility.

SECTION 2. Section 26.054, Water Code, as added by this Act, applies only to an application for the issuance of a permit that is filed with the Texas Commission on Environmental Quality on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.

* * * * *