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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of preproduction plastic by the Texas |
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Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.003, Health and Safety Code, is |
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amended by adding Subdivision (40) to read as follows: |
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(40) "Preproduction plastic" means plastic resin |
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pellets, flakes, fibers, and powders, and powdered coloring for |
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plastics. |
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SECTION 2. Subchapter B, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.0115 to read as follows: |
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Sec. 361.0115. CLASS II NONHAZARDOUS INDUSTRIAL WASTE: |
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PREPRODUCTION PLASTIC. The commission by rule shall designate |
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preproduction plastics as a Class II nonhazardous industrial waste. |
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SECTION 3. Section 26.0135(a), Water Code, is amended to |
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read as follows: |
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(a) To ensure clean water, the commission shall establish |
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the strategic and comprehensive monitoring of water quality and the |
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periodic assessment of water quality in each watershed and river |
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basin of the state. In order to conserve public funds and avoid |
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duplication of effort, subject to adequate funding under Section |
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26.0291, river authorities shall, to the greatest extent possible |
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and under the supervision of the commission, conduct water quality |
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monitoring and assessments in their own watersheds. Watershed |
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monitoring and assessments involving agricultural or silvicultural |
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nonpoint source pollution shall be coordinated through the State |
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Soil and Water Conservation Board with local soil and water |
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conservation districts. The water quality monitoring and reporting |
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duties under this section apply only to a river authority that has |
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entered into an agreement with the commission to perform those |
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duties. The commission, either directly or through cooperative |
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agreements and contracts with local governments, shall conduct |
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monitoring and assessments of watersheds where a river authority is |
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unable to perform an adequate assessment of its own watershed. The |
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monitoring program shall provide data to identify significant |
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long-term water quality trends, characterize water quality |
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conditions, support the permitting process, and classify |
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unclassified waters. The commission shall consider available |
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monitoring data and assessment results in developing or reviewing |
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wastewater permits and stream standards and in conducting other |
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water quality management activities. The assessment must include a |
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review of wastewater discharges, nonpoint source pollution, |
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pollution from preproduction plastic, as defined by Section |
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26.0421, nutrient loading, toxic materials, biological health of |
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aquatic life, public education and involvement in water quality |
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issues, local and regional pollution prevention efforts, and other |
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factors that affect water quality within the watershed. The |
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monitoring and assessment required by this section is a continuing |
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duty, and the monitoring and assessment shall be periodically |
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revised to show changes in the factors subject to assessment. |
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SECTION 4. Section 26.023, Water Code, is amended to read as |
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follows: |
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Sec. 26.023. WATER QUALITY STANDARDS. (a) In this section: |
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(1) "Preproduction plastic" has the meaning assigned |
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by Section 26.0421. |
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(2) "Quality assured data" has the meaning assigned by |
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Section 26.0135(i). |
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(b) The commission by rule shall set water quality standards |
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for the water in the state and may amend the standards from time to |
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time. The commission has the sole and exclusive authority to set |
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water quality standards for all water in the state. The commission |
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shall consider the existence and effects of nonpoint source |
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pollution, preproduction plastic pollution, toxic materials, and |
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nutrient loading in developing water quality standards and related |
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waste load models for water quality. The commission shall develop |
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standards based on all quality assured data obtained by the |
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commission, including the local watershed and river basin database |
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described by Section 26.0135(c)(2). [In this section, "quality |
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assured data" has the meaning assigned by Section 26.0135(i).] |
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SECTION 5. Subchapter B, Chapter 26, Water Code, is amended |
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by adding Section 26.0421 to read as follows: |
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Sec. 26.0421. PREPRODUCTION PLASTIC MONITORING AND |
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REPORTING. (a) In this section: |
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(1) "Facility" means a facility where preproduction |
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plastic is manufactured, processed, handled, or transported. |
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(2) "Preproduction plastic" means pre-consumer |
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plastic resin, consisting of organic polymers and additives, in the |
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form of pellets, powder, flakes, or powdered additives. |
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(b) The commission by rule shall require a person who owns |
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or operates a facility operating under a multi-sector general |
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permit to: |
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(1) monitor for preproduction plastics in any |
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receiving waters around the facility; and |
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(2) conduct a monthly audit of any major spills of |
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preproduction plastics at the facility. |
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(c) The monitoring requirements required under Subsection |
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(b) must require the person who owns or operates the facility to |
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monitor any receiving waters for wastewater or stormwater |
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discharges: |
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(1) not less than once every month; and |
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(2) not later than eight hours after each rainfall |
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event at the facility. |
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(d) The auditing requirements required under Subsection (b) |
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must require the person who owns or operates the facility to: |
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(1) check the facility for any spills of preproduction |
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plastics; |
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(2) identify any major spill areas that resulted in |
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the discharge of preproduction plastics into the waters of this |
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state; |
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(3) determine the cause of each spill identified under |
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Subdivision (2); |
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(4) research methods to address each spill and any |
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associated problems; |
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(5) implement the most simple and effective solution; |
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and |
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(6) follow up each month to measure the success of |
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solutions adopted under Subdivision (5). |
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(e) The person who owns or operates a facility operating |
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under a multi-sector general permit shall notify the commission by |
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e-mail or telephone of a visible discharge of preproduction |
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plastics not later than 24 hours after the discharge occurs. The |
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notice must include: |
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(1) photographs and global positioning system |
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information of the location of all discharged or released |
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preproduction plastic; |
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(2) an estimate of the amount and location of |
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discharged or released preproduction plastic; and |
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(3) any cleanup efforts undertaken to remove |
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preproduction plastic for proper disposal. |
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SECTION 6. As soon as practicable after the effective date |
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of this Act, the Texas Commission on Environmental Quality shall |
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adopt rules necessary to implement the changes in law made by this |
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Act. |
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SECTION 7. This Act takes effect September 1, 2025. |