Relating to the regulation of preproduction plastic by the Texas Commission on Environmental Quality.

89(R) HB 4028 - Introduced version - Bill Text

89R10955 KRM-D

By: Zwiener

H.B. No. 4028

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of preproduction plastic by the Texas

Commission on Environmental Quality.

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

SECTION 1. Section 361.003, Health and Safety Code, is

amended by adding Subdivision (40) to read as follows:

(40)

"Preproduction plastic" means plastic resin

pellets, flakes, fibers, and powders, and powdered coloring for

plastics.

SECTION 2. Subchapter B, Chapter 361, Health and Safety

Code, is amended by adding Section 361.0115 to read as follows:

Sec.

361.0115.

CLASS II NONHAZARDOUS INDUSTRIAL WASTE:

PREPRODUCTION PLASTIC. The commission by rule shall designate

preproduction plastics as a Class II nonhazardous industrial waste.

SECTION 3. 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

26.0421,
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 4. Section 26.023, Water Code, is amended to read as

follows:

Sec. 26.023. WATER QUALITY STANDARDS.
(a) In this section:

(1)

"Preproduction plastic" has the meaning assigned

by Section 26.0421.

(2)

"Quality assured data" has the meaning assigned by

Section 26.0135(i).

(b)
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). [
In this section, "quality

assured data" has the meaning assigned by Section 26.0135(i).
]

SECTION 5. Subchapter B, Chapter 26, Water Code, is amended

by adding Section 26.0421 to read as follows:

Sec.

26.0421.

PREPRODUCTION PLASTIC MONITORING AND

REPORTING. (a)

In this section:

(1)

"Facility" means a facility where preproduction

plastic is manufactured, processed, handled, or transported.

(2)

"Preproduction plastic" means pre-consumer

plastic resin, consisting of organic polymers and additives, in the

form of pellets, powder, flakes, or powdered additives.

(b)

The commission by rule shall require a person who owns

or operates a facility operating under a multi-sector general

permit to:

(1)

monitor for preproduction plastics in any

receiving waters around the facility; and

(2)

conduct a monthly audit of any major spills of

preproduction plastics at the facility.

(c)

The monitoring requirements required under Subsection

(b) must require the person who owns or operates the facility to

monitor any receiving waters for wastewater or stormwater

discharges:

(1) not less than once every month; and

(2)

not later than eight hours after each rainfall

event at the facility.

(d)

The auditing requirements required under Subsection (b)

must require the person who owns or operates the facility to:

(1)

check the facility for any spills of preproduction

plastics;

(2)

identify any major spill areas that resulted in

the discharge of preproduction plastics into the waters of this

state;

(3)

determine the cause of each spill identified under

Subdivision (2);

(4)

research methods to address each spill and any

associated problems;

(5)

implement the most simple and effective solution;

and

(6)

follow up each month to measure the success of

solutions adopted under Subdivision (5).

(e)

The person who owns or operates a facility operating

under a multi-sector general permit shall notify the commission by

e-mail or telephone of a visible discharge of preproduction

plastics not later than 24 hours after the discharge occurs. The

notice must include:

(1)

photographs and global positioning system

information of the location of all discharged or released

preproduction plastic;

(2)

an estimate of the amount and location of

discharged or released preproduction plastic; and

(3)

any cleanup efforts undertaken to remove

preproduction plastic for proper disposal.

SECTION 6. As soon as practicable after the effective date

of this Act, the Texas Commission on Environmental Quality shall

adopt rules necessary to implement the changes in law made by this

Act.

SECTION 7. This Act takes effect September 1, 2025.