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Signed Into Law
Signed June 20, 2025Effective 2025-09-01
SB2885

Regular Session

Relating to the use of reclaimed water that has been treated to meet certain standards as part of an aquifer storage and recovery project.

Government Affairs & Regulatory Compliance Analysis

SB2885: Government Affairs Overview

SB2885 authorizes the injection of treated reclaimed water into Class V Aquifer Storage and Recovery (ASR) wells, effective September 1, 2025. This legislation transforms treated wastewater from a liability into a recoverable asset for water utilities, industrial users, and developers, provided the water meets strict commission-adopted standards (likely federal Safe Drinking Water Act standards). While voluntary, entities seeking to utilize this new water source must prepare for rigorous technical scrutiny from the Texas Commission on Environmental Quality (TCEQ), which is hiring specialized staff specifically to regulate this expansion.

Sen. Peter Flores·Senate Bill·Regular Session

Moderate
Low Cost
Effective:2025-09-01
Business Impact

Who SB2885 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
View all water legislation

Key Operational Considerations

  • 1Vendor MSAs: Update engineering and geoscience contracts to require design compliance specifically with SB2885 and forthcoming TCEQ standards, rather than general ASR guidelines.
  • 2Technical Staffing: Internal teams or external consultants must include licensed geoscientists capable of modeling complex confinement to prove injected water will not migrate to unauthorized zones.

Estimated Cost Impact

lowMinimal cost impact anticipated.

Enforcing Agencies

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SB2885
Moderate
Relating to the use of reclaimed water that has been treated to meet certain standards as part of an aquifer storage and recovery project.
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
TCEQ
Primary Author: Sen. Peter Flores
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: Immediate for planning; operational compliance is required prior to the submission of any Class V permit application utilizing reclaimed water.
  • Agency Rulemaking: The TCEQ must adopt standards for treated reclaimed water and update permit applications. Expect a "regulatory gray zone" between September 2025 and mid-2026 while TCEQ finalizes technical guidance and hires the budgeted geoscientists and engineers.

Immediate Action Plan

  • 1. Conduct Feasibility Re-assessment: Direct technical teams to re-evaluate previously rejected ASR projects using treated effluent as the source water.
  • 2. Initiate Pilot Testing: Begin hydrogeological modeling and pilot testing now to ensure data is ready for permit filing in FY2026.
  • 3. Monitor Rulemaking: Assign regulatory affairs staff to track TCEQ agenda items regarding "Class V Injection Standards" and submit comments regarding the "Point of Compliance."
  • 4. Audit Insurance: Contact your broker to confirm if your current environmental liability policy covers the injection of treated wastewater.

Operational Changes Required

Contracts

  • Water Supply Agreements: If purchasing reclaimed water for injection, amend agreements to include strict "Quality Guarantees." Suppliers must indemnify you if delivered water fails to meet injection standards, causing aquifer contamination liability.
  • Vendor MSAs: Update engineering and geoscience contracts to require design compliance specifically with SB2885 and forthcoming TCEQ standards, rather than general ASR guidelines.
  • Insurance Policies: Review Pollution Legal Liability (PLL) policies. Standard policies often exclude intentional injection of waste-derived fluids. You must secure endorsements specifically covering ASR operations using reclaimed water.

Hiring/Training

  • Technical Staffing: Internal teams or external consultants must include licensed geoscientists capable of modeling complex confinement to prove injected water will not migrate to unauthorized zones.
  • Operator Certification: Wastewater treatment plant operators feeding ASR wells must be trained on *continuous* compliance monitoring. Unlike discharge permits which often allow for averages, injection permits may require real-time adherence to Maximum Contaminant Levels (MCLs).

Reporting & Record-Keeping

  • Chain of Custody: Implement rigorous documentation protocols for water transfer points, especially if the source water originates from a third-party WWTP.
  • Continuous Monitoring: Prepare for data retention requirements regarding injectate quality (turbidity, pathogens, chemical constituents) to prove the water met standards *at the specific moment of injection*.

Fees & Costs

  • Capital Expenditures: While the regulatory cost is low, the operational cost is high. Budget for advanced treatment technologies (e.g., Reverse Osmosis) if TCEQ mandates drinking water standards pre-injection.
  • Permitting Fees: Anticipate standard Class V injection well permit fees, plus costs associated with major amendments if modifying existing permits.

Strategic Ambiguities & Considerations

The legislation relies on TCEQ rulemaking to define "certain standards." Businesses must monitor the Texas Register for the following critical definitions:

  • 1. Point of Compliance: Will TCEQ require the water to meet Safe Drinking Water Act standards *at the wellhead* (requiring expensive pre-treatment), or will they allow for "attenuation" (natural cleaning) within the aquifer?
  • 2. Grandfathering: The bill does not explicitly allow existing ASR permits to switch to reclaimed water without a major amendment. Assume a full re-permitting process is required until TCEQ clarifies otherwise.
  • 3. Buffer Zones: Specific setback requirements between reclaimed water injection wells and public water supply wells remain undefined.

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Information 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

Filed
Mar 14, 2025
Passed Senate
Apr 30, 2025
Passed House
May 28, 2025
Signed
Jun 20, 2025
Effective
Sep 1, 2025
TopicsEnvironmentEnvironment--waterWaterWater--developmentWater--generalEnvironmental Quality, Texas Commission On
03

Senate Authors

Sen. Peter FloresRepublican · Primary Author

House Sponsor

Rep. Brad BuckleyRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

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More from Sen. Peter Flores

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Related by Topic

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Quick Reference

Frequently Asked Questions

Common questions about SB2885

Q

What does Texas SB2885 do?

SB2885 authorizes the injection of treated reclaimed water into Class V Aquifer Storage and Recovery (ASR) wells, effective September 1, 2025. This legislation transforms treated wastewater from a liability into a recoverable asset for water utilities, industrial users, and developers, provided the water meets strict commission-adopted standards (likely federal Safe Drinking Water Act standards). While voluntary, entities seeking to utilize this new water source must prepare for rigorous technical scrutiny from the Texas Commission on Environmental Quality (TCEQ), which is hiring specialized staff specifically to regulate this expansion.

Q

Who authored SB2885?

SB2885 was authored by Texas Senator Peter Flores during the Regular Session.

Q

When was SB2885 signed into law?

SB2885 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce SB2885?

SB2885 is enforced by Texas Commission on Environmental Quality (TCEQ).

Q

How significant are the changes in SB2885?

The regulatory priority for SB2885 is rated as "moderate". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB2885?

The cost impact of SB2885 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB2885 address?

SB2885 addresses topics including environment, environment--water, water, water--development and water--general.

Q

What are the key dates for SB2885?

Key dates for SB2885: Effective date is 2025-09-01. Rulemaking: Adopt standards for treated reclaimed water and update Class V injection well permit applications/guidance. (No statutory deadline). Consult with legal counsel regarding applicability.

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