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.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

Texas Commission on Environmental Quality (TCEQ)

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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Legislative Timeline

This bill's path through the Texas Legislature

TopicsEnvironment Environment--water Water Water--development Water--general Environmental Quality, Texas Commission On

Official Analysis

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BILL ANALYSIS

Senate Research Center	S.B. 2885
89R15522 KRM-F	By: Flores
	Water, Agriculture and Rural Affairs
	4/16/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Texas' growing population continues to place significant demands on its local water supplies. Local political subdivisions are committed to sustainable water resource management strategies to support ongoing industrial and economic growth. Numerous local entities have proposed to implement aquifer storage and recovery (ASR) of treated effluent to ensure long-term water security. However, Texas' regulatory framework lacks provisions to permit the use of reclaimed water as injectate in ASR projects, creating a critical barrier to innovative water management.

S.B. 2885 seeks to expand the definition of allowable injectate for ASR projects to include reclaimed water that meets federal Safe Drinking Water Act standards.

As proposed, S.B. 2885 amends current law relating to the use of reclaimed water that has been treated to meet certain standards as part of an aquifer storage and recovery project.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 27.153, Water Code, by adding Subsection (b-1) to provide that, for purposes of Subsection (b) (relating to requiring the Texas Commission on Environmental Quality to consider certain factors in adopting a rule or issuing a permit under Section 27.153 (Authorization for Use of Class V Injection Wells)), water includes treated reclaimed water that complies with the standards set forth under the federal Safe Drinking Water Act (42 U.S.C. Section 300f et seq.).

SECTION 2. Effective date: September 1, 2025.

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Senate Authors

Sen. Peter FloresRepublican · Primary Author

House Sponsor

Rep. Brad BuckleyRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 2885

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the use of reclaimed water that has been treated to meet
	certain standards as part of an aquifer storage and recovery
	project.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 27.153, Water Code, is amended by adding
	Subsection (b-1) to read as follows:
	(b-1) Notwithstanding Subsection (b)(1), the commission by
	rule or by individual or general permit may authorize the injection
	of reclaimed water that is treated in accordance with standards
	adopted by the commission for that purpose.
	SECTION 2. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 21, 2025

TO:	Honorable Charles Perry, Chair, Senate Committee on Water, Agriculture and Rural Affairs

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB2885 by Flores (Relating to the use of reclaimed water that has been treated to meet certain standards as part of an aquifer storage and recovery project.), As Introduced

Estimated Two-year Net Impact to General Revenue Related Funds for SB2885, As Introduced: an impact of $0 through the biennium ending August 31, 2027.

However, there is an estimated two year net impact of ($1,153,162) to the General Revenue-Dedicated Water Resource Management Account No. 153 through the biennium ending August 31, 2027.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

General Revenue-Related Funds, Five- Year Impact:

Fiscal Year	Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2026	$0
2027	$0
2028	$0
2029	$0
2030	$0

All Funds, Five-Year Impact:

Fiscal Year	Probable Savings/(Cost) from Water Resource Management 153	Change in Number of State Employees from FY 2025
2026	($593,581)	4.0
2027	($559,581)	4.0
2028	($559,581)	4.0
2029	($559,581)	4.0
2030	($559,581)	4.0

Fiscal Analysis

The bill would amend Water Code to allow TCEQ to authorize and issue permits for the injection of treated reclaimed water that complies with the standards set forth under the federal Safe Drinking Water Act (42 U.S.C. Section 300f et seq.) into Class V aquifer storage and recovery (ASR) wells.

The bill would take effect on September 1, 2025.

Methodology

Based on information provided by TCEQ, an estimated 4.0 Full-Time Equivalent (FTE) positions and associated costs, paid from the General Revenue-Dedicated Water Resource Management Account No. 153 and totaling $593,581 in fiscal year 2026 and $559,581 in fiscal year 2027, would provide staffing and administrative resources to review the anticipated increase in ASR permitting applications and to update application and guidance forms. TCEQ did not include an estimated total amount or increase in the number of applications that the anticipated increase is based on in its analysis. FTEs would include: one Geoscientist III, one Geoscientist IV, one Engineer III, and one Engineer V.

This analysis based on information provided by TCEQ assumes salary and wage costs for the 4.0 FTEs would total $410,228 per fiscal year from 2026 to 2030. Benefit costs would total $116,587 per fiscal year from 2026 to 2030. Other administrative and staff costs would total $66,766 in fiscal year 2026 and $32,766 per fiscal year from 2027 to 2030. This estimate would include initial capital costs for licenses, furniture, and equipment in fiscal year 2026.

Local Government Impact

The fiscal implications of the bill cannot be determined at this time. Local and other governmental entities long-term water supply planning efforts may benefit from having an additional mechanism for the storage and use of reclaimed water.

Source Agencies:

582 Commission on Environmental Quality

LBB Staff:

JMc, FV, MW, AJL

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Frequently Asked Questions

Common questions about SB2885

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.

Who authored SB2885?

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

When was SB2885 signed into law?

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

Which agencies enforce SB2885?

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

How urgent is compliance with SB2885?

The compliance urgency for SB2885 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

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.

What topics does SB2885 address?

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

Legislative data provided by LegiScanLast updated: November 25, 2025

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