Q
What does Texas SB1302 do?
SB1302 statutorily eliminates the ability to use automated electronic processes (e. g. , STEERS) to reinstate waste discharge authorization if your general permit is denied or suspended.
Signed Into Law
Signed June 20, 2025Effective 2025-09-01
SB1302
Regular Session
Relating to eligibility to use a general permit to discharge waste into or adjacent to waters in this state.
Government Affairs & Regulatory Compliance Analysis
SB1302: Government Affairs Overview
SB1302 statutorily eliminates the ability to use automated electronic processes (e. g. , STEERS) to reinstate waste discharge authorization if your general permit is denied or suspended.
Sen. Lois Kolkhorst·Senate Bill·Regular Session
ModeratePlan for compliance
Low Cost
Effective:2025-09-01
Enforcing Agencies
Business Impact
Who SB1302 Affects
This legislation has regulatory implications for the following Texas businesses and organizations:
Regulatory Priority: moderate
Notable regulatory updates (effective 2025-09-01). Consider how these changes may affect your operations.
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Water
Affected business types:
- Water utilities
- Wastewater treatment facilities
- Municipal water districts
- Agricultural water users
Key Operational Considerations
- 1Indemnification: Update indemnity clauses to explicitly cover consequential damages arising from project delays, not just the cost of regulatory fines.
- 2Force Majeure: Explicitly exclude regulatory delays resulting from non-compliance from Force Majeure protections.
Estimated Cost Impact
lowMinimal cost impact anticipated.
Enforcing Agencies
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SB1302
ModerateRelating to eligibility to use a general permit to discharge waste into or adjacent to waters in this state.
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Low
Effective
2025-09-01Enforcing Agencies
TCEQ
Primary Author: Sen. Lois Kolkhorst
89th Texas Legislature
jdkey.com
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Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
- Effective Date: September 1, 2025
- Compliance Deadline: September 1, 2025 (Applies immediately to any suspension/denial ordered on or after this date).
- Agency Rulemaking: TCEQ is expected to update 30 TAC Chapter 205 to align with the statute. Warning: The statute is self-executing; do not wait for agency rules to update your protocols. The ban on automatic re-authorization applies regardless of the status of the administrative code.
Immediate Action Plan
- Clear Legacy Disputes: Resolve any pending Notices of Violation (NOVs) or enforcement actions before September 1, 2025. Any suspension finalized after this date triggers the new manual review process.
- Review Insurance: Audit Pollution Legal Liability (PLL) policies. Confirm whether coverage exists during the "gap period" where you are awaiting manual re-authorization and technically hold no permit.
- Update Subcontractor Terms: Revise MSAs to reflect the severe schedule impact of environmental non-compliance.
- Revise Crisis Management Plans: Update your emergency response protocols to reflect that a permit suspension is now a long-term business interruption event, not a paperwork hurdle.
Operational Changes Required
Contracts
- Master Service Agreements (MSAs): You must amend agreements with subcontractors (excavation, concrete, waste handling). If a subcontractor’s negligence triggers a permit suspension, the project will face a "stop work" condition for weeks or months while TCEQ conducts a manual review.
- Indemnification: Update indemnity clauses to explicitly cover consequential damages arising from project delays, not just the cost of regulatory fines.
- Force Majeure: Explicitly exclude regulatory delays resulting from non-compliance from Force Majeure protections.
Hiring/Training
- EHS Protocol Update: Train Environmental Health & Safety staff that re-filing a Notice of Intent (NOI) electronically is no longer a valid cure for a suspension. Attempting to do so is now a statutory violation.
- "Kill Switch" Implementation: IT and Compliance teams must disable any automated software settings that auto-renew or auto-cure permit deficiencies.
Reporting & Record-Keeping
- Proof of Coverage: In the event of a suspension, the standard computer-generated "Provisional Coverage" receipt is void. You must obtain and retain a specific written order or letter signed by the Executive Director restoring eligibility.
- Corrective Action Dossier: You must maintain an audit-ready dossier proving remediation of the violation. This document will be the primary exhibit in your manual request for re-authorization.
Fees & Costs
- Direct Costs: No new statutory filing fees.
- Indirect Costs: High. The cost impact is driven by operational downtime. The timeline for curing a suspension moves from 24-48 hours (automated) to potentially 30-90 days (manual review).
Strategic Ambiguities & Considerations
- No Review Deadline: The statute forbids automatic approval but imposes no statutory deadline by which the Executive Director must review your manual request. Your application could technically sit in a queue indefinitely.
- Form of Authorization: The law requires approval from the Executive Director but does not define if this requires a formal Commission Agenda item (months) or a simple administrative letter (weeks). We are advocating for the latter, but this remains a regulatory gray zone until TCEQ issues guidance.
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Schedule a ConsultationInformation presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
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Legislative Timeline
This bill's path through the Texas Legislature
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Senate Authors
Coauthors (3)
House Sponsor
Fiscal NoteView Original
Related Legislation
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More from Sen. Lois Kolkhorst
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Related by Topic
- HB3333Relating to a restriction on permits authorizing direct discharges of waste or pollutants into water in certain river segments and drainage areas.
- HB609Relating to the cleaning of a structure used to grow oysters for cultivated oyster mariculture.
- SB1061Relating to procedural requirements for uranium mining production area authorizations.
- SB1145Relating to the authority of the Texas Commission on Environmental Quality to issue permits for the land application of water produced from certain mining and oil and gas extraction operations.
- SB616Relating to aquifer storage and recovery projects that transect a portion of the Edwards Aquifer.
Quick Reference
Frequently Asked Questions
Common questions about SB1302
Q
Who authored SB1302?
SB1302 was authored by Texas Senator Lois Kolkhorst during the Regular Session.
Q
When was SB1302 signed into law?
SB1302 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce SB1302?
SB1302 is enforced by Texas Commission on Environmental Quality (TCEQ).
Q
How significant are the changes in SB1302?
The regulatory priority for SB1302 is rated as "moderate". Businesses and organizations should review the legislation to understand potential impacts.
Q
What is the cost impact of SB1302?
The cost impact of SB1302 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does SB1302 address?
SB1302 addresses topics including environment, environment--water, permits and environmental quality, texas commission on.
Q
What are the key dates for SB1302?
Key dates for SB1302: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.
Q
What are the penalties under SB1302?
SB1302 establishes the following penalties: administrative penalty of Indefinite operational delay for Attempting to use automatic/electronic processes to resume discharging after a general permit denial or suspension.. Consult with legal counsel for specific applicability to your situation.
Need Strategic Guidance on This Legislation?
JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.
Legislative data provided by LegiScanLast updated: January 11, 2026