Bill Text: TX HB4144 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the regulation by the Texas Commission on Environmental Quality of the discharge of preproduction plastic.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-05-04 - Left pending in committee [HB4144 Detail]
Download: Texas-2023-HB4144-Introduced.html
| 88R7542 JXC-D | ||
| By: Zwiener | H.B. No. 4144 | |
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| relating to the regulation by the Texas Commission on Environmental | ||
| Quality of the discharge of preproduction plastic. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 26.0135(a), Water Code, is amended to | ||
| read as follows: | ||
| (a) To ensure clean water, the commission shall establish | ||
| the strategic and comprehensive monitoring of water quality and the | ||
| periodic assessment of water quality in each watershed and river | ||
| basin of the state. In order to conserve public funds and avoid | ||
| duplication of effort, subject to adequate funding under Section | ||
| 26.0291, river authorities shall, to the greatest extent possible | ||
| and under the supervision of the commission, conduct water quality | ||
| monitoring and assessments in their own watersheds. Watershed | ||
| monitoring and assessments involving agricultural or silvicultural | ||
| nonpoint source pollution shall be coordinated through the State | ||
| Soil and Water Conservation Board with local soil and water | ||
| conservation districts. The water quality monitoring and reporting | ||
| duties under this section apply only to a river authority that has | ||
| entered into an agreement with the commission to perform those | ||
| duties. The commission, either directly or through cooperative | ||
| agreements and contracts with local governments, shall conduct | ||
| monitoring and assessments of watersheds where a river authority is | ||
| unable to perform an adequate assessment of its own watershed. The | ||
| monitoring program shall provide data to identify significant | ||
| long-term water quality trends, characterize water quality | ||
| conditions, support the permitting process, and classify | ||
| unclassified waters. The commission shall consider available | ||
| monitoring data and assessment results in developing or reviewing | ||
| wastewater permits and stream standards and in conducting other | ||
| water quality management activities. The assessment must include a | ||
| review of wastewater discharges, nonpoint source pollution, | ||
| pollution from preproduction plastic, as defined by Section 26.023, | ||
| nutrient loading, toxic materials, biological health of aquatic | ||
| life, public education and involvement in water quality issues, | ||
| local and regional pollution prevention efforts, and other factors | ||
| that affect water quality within the watershed. The monitoring and | ||
| assessment required by this section is a continuing duty, and the | ||
| monitoring and assessment shall be periodically revised to show | ||
| changes in the factors subject to assessment. | ||
| SECTION 2. Section 26.023, Water Code, is amended to read as | ||
| follows: | ||
| Sec. 26.023. WATER QUALITY STANDARDS. (a) The commission | ||
| by rule shall set water quality standards for the water in the state | ||
| and may amend the standards from time to time. The commission has | ||
| the sole and exclusive authority to set water quality standards for | ||
| all water in the state. The commission shall consider the existence | ||
| and effects of nonpoint source pollution, preproduction plastic | ||
| pollution, toxic materials, and nutrient loading in developing | ||
| water quality standards and related waste load models for water | ||
| quality. The commission shall develop standards based on all | ||
| quality assured data obtained by the commission, including the | ||
| local watershed and river basin database described by Section | ||
| 26.0135(c)(2). | ||
| (b) In this section: | ||
| (1) "Preproduction plastic" means pre-consumer | ||
| plastic resin, consisting of organic polymers and additives, in the | ||
| form of pellets, powder, flakes, or powdered additives. | ||
| (2) "Quality[ |
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| assigned by Section 26.0135(i). | ||
| 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, 2023. | ||
