HB 4028

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
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
(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
Sec. 26.023.  WATER QUALITY STANDARDS.  (a)  In this section:
(1)  "Preproduction plastic" has the meaning assigned
(2)  "Quality assured data" has the meaning assigned by
(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
(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
(1)  not less than once every month; and
(2)  not later than eight hours after each rainfall
(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
(2)  identify any major spill areas that resulted in
the discharge of preproduction plastics into the waters of this
(3)  determine the cause of each spill identified under
(4)  research methods to address each spill and any
(5)  implement the most simple and effective solution;
(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
(1)  photographs and global positioning system
information of the location of all discharged or released
(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
SECTION 7.  This Act takes effect September 1, 2025.