73R7489 MI-F By Saunders H.B. No. 2429 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to consideration of supplemental environmental projects in 1-3 determining the amount of certain administrative penalties under 1-4 the Water Code. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 26.136(n), Water Code, is amended to read 1-7 as follows: 1-8 (n) Notwithstanding any other provision to the contrary, the 1-9 commission may compromise, modify, or remit, with or without 1-10 condition, any civil penalty imposed under this section. In 1-11 determining the appropriate amount of a civil penalty for 1-12 settlement of an administrative enforcement matter, the commission, 1-13 in its discretion, may consider the willingness of a respondent to 1-14 contribute to supplemental environmental projects that are approved 1-15 by the commission, giving preference to those projects that benefit 1-16 the community in which the alleged violation occurred. In this 1-17 subsection, "supplemental environmental project" means a project 1-18 that prevents pollution, reduces the amount of pollutants reaching 1-19 the environment, enhances the quality of the environment, or 1-20 contributes to public awareness of environmental matters. The term 1-21 does not include projects that are necessary to bring the 1-22 respondent into compliance with environmental laws or that are 1-23 necessary to remediate the environmental harm caused by the alleged 2-1 violation. 2-2 SECTION 2. Section 361.251, Health and Safety Code, is 2-3 amended by adding Subsection (u) to read as follows: 2-4 (u) The department may compromise, modify, or remit, with or 2-5 without conditions, a civil penalty imposed under this section. In 2-6 determining the appropriate amount of a civil penalty for 2-7 settlement of an administrative enforcement matter, the department, 2-8 in its discretion, may consider the willingness of a respondent to 2-9 contribute to supplemental environmental projects that are approved 2-10 by the department, giving preference to those projects that benefit 2-11 the community in which the alleged violation occurred. In this 2-12 subsection, "supplemental environmental project" means a project 2-13 that prevents pollution, reduces the amount of pollutants reaching 2-14 the environment, enhances the quality of the environment, or 2-15 contributes to public awareness of environmental matters. The term 2-16 does not include projects that are necessary to bring the 2-17 respondent into compliance with environmental laws or that are 2-18 necessary to remediate the environmental harm caused by the alleged 2-19 violation. 2-20 SECTION 3. Section 361.252(o), Health and Safety Code, is 2-21 amended to read as follows: 2-22 (o) The commission may compromise, modify, or remit, with or 2-23 without conditions, a civil penalty imposed under this section. In 2-24 determining the appropriate amount of a civil penalty for 2-25 settlement of an administrative enforcement matter, the commission, 3-1 in its discretion, may consider the willingness of a respondent to 3-2 contribute to supplemental environmental projects that are approved 3-3 by the commission, giving preference to those projects that benefit 3-4 the community in which the alleged violation occurred. In this 3-5 subsection, "supplemental environmental project" means a project 3-6 that prevents pollution, reduces the amount of pollutants reaching 3-7 the environment, enhances the quality of the environment, or 3-8 contributes to public awareness of environmental matters. The term 3-9 does not include projects that are necessary to bring the 3-10 respondent into compliance with environmental laws or that are 3-11 necessary to remediate the environmental harm caused by the 3-12 alleged violation. 3-13 SECTION 4. Section 382.088, Health and Safety Code, is 3-14 amended by adding Subsection (j) to read as follows: 3-15 (j) The board may compromise, modify, or remit, with or 3-16 without conditions, a civil penalty imposed under this section. In 3-17 determining the appropriate amount of a civil penalty for 3-18 settlement of an administrative enforcement matter, the board, in 3-19 its discretion, may consider the willingness of a respondent to 3-20 contribute to supplemental environmental projects that are approved 3-21 by the board, giving preference to those projects that benefit the 3-22 community in which the alleged violation occurred. In this 3-23 subsection, "supplemental environmental project" means a project 3-24 that prevents pollution, reduces the amount of pollutants reaching 3-25 the environment, enhances the quality of the environment, or 4-1 contributes to public awareness of environmental matters. The term 4-2 does not include projects that are necessary to bring the 4-3 respondent into compliance with environmental laws or that are 4-4 necessary to remediate the environmental harm caused by the alleged 4-5 violation. 4-6 SECTION 5. This Act does not affect the transfer of powers, 4-7 duties, rights, and obligations made by Chapter 3, Acts of the 72nd 4-8 Legislature, 1st Called Session, 1991. 4-9 SECTION 6. The changes in law made by this Act apply to the 4-10 determination of a civil penalty for settlement of an 4-11 administrative enforcement matter brought on or after the effective 4-12 date of this Act or in which a final decision is pending before the 4-13 Texas Water Commission or the Texas Air Control Board on the 4-14 effective date of this Act. 4-15 SECTION 7. The importance of this legislation and the 4-16 crowded condition of the calendars in both houses create an 4-17 emergency and an imperative public necessity that the 4-18 constitutional rule requiring bills to be read on three several 4-19 days in each house be suspended, and this rule is hereby suspended, 4-20 and that this Act take effect and be in force from and after its 4-21 passage, and it is so enacted.