SB1911 - Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water in certain stream segments, stream assessments units, and drainage areas.

  2025S0162-1 03/03/25     By: Eckhardt S.B. No. 1911     A BILL TO BE ENTITLED   AN ACT   relating to a restriction on permits authorizing direct discharges   of waste or pollutants into water in certain stream segments,   stream assessments units, and drainage areas.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 26, Water Code, is amended   by adding Section 26.0275 to read as follows:           Sec.   26.0275.     RESTRICTION ON PERMITS FOR DISCHARGES INTO   CERTAIN SEGMENTS, ASSESSMENT UNITS, AND DRAINAGE AREAS. (a) In   this section:                 (1)     "Assessment unit" has the meaning assigned by the   commission's Surface Water Quality Monitoring Program as it existed   on September 1, 2025.                 (2)     "Classified segment" means any water body or a   portion of a water body identified in Appendices A and C of 30   T.A.C. Section 307.10 as it existed on September 1, 2025.                 (3)     "Drainage area" means any unclassified water body   that drains to a stream segment or a stream assessment unit to which   this section applies.                 (4)     "Stream assessment unit" means an assessment unit   for a stream, creek, or river, or a portion of a stream, creek, or   river, that is located within a classified segment that is not a   stream segment to which this section applies.                 (5)     "Stream segment" means a stream, creek, or river,   or a portion of a stream, creek, or river, that is a classified   segment.                 (6)     "Unclassified water body" means a water body other   than a classified segment or an assessment unit located within a   classified segment.           (b)  This section applies to:                 (1)     a stream segment or stream assessment unit, other   than one that is located directly beneath a lake, pond, or impounded   reservoir, that, on September 1, 2025, has had:                       (A)     at least 10 water quality samples taken from   the stream segment or stream assessment unit over the 10 calendar   years preceding January 1, 2025; and                       (B)     according to data in the commission's Surface   Water Quality Monitoring Information System, a total phosphorus   level below 0.06 milligrams per liter in 75 percent or more of all   water quality samples taken from the stream segment or stream   assessment unit over the 10 calendar years preceding January 1,   2025; and                 (2)     the drainage areas of any stream segment or stream   assessment unit that meets the requirements of Subdivision (1).           (c)     Except as provided by Subsection (d), the commission may   not issue a new permit authorizing the direct discharge from a   domestic wastewater treatment facility of any waste, effluent, or   pollutants into a stream segment, stream assessment unit, or   drainage area to which this section applies.           (d)     This section does not affect the authority of the   commission to issue:                 (1)     a new or amended permit to a municipality or a   river authority that authorizes a direct discharge from a domestic   wastewater treatment facility of waste, effluent, or pollutants   into a stream segment, stream assessment unit, or drainage area to   which this section applies;                 (2)     an individual permit for a municipal separate   storm sewer system; or                 (3)     a general permit for stormwater and associated   non-stormwater discharges.          SECTION 2.  The change in law made by this Act applies only   to an application for a permit that is submitted to the Texas   Commission on Environmental Quality on or after the effective date   of this Act. An application for a permit that was submitted to the   Texas Commission on Environmental Quality before the effective date   of this Act is governed by the law in effect at the time the   application was filed, and the former law is continued in effect for   that purpose.          SECTION 3.  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, 2025.