76R12377 JJT-D                           
         By Haggerty                                           H.B. No. 3570
         Substitute the following for H.B. No. 3570:
         By Allen                                          C.S.H.B. No. 3570
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to supplemental environmental projects undertaken in lieu
 1-3     of certain penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 7.067, Water Code, is amended to read as
 1-6     follows:
 1-7           Sec. 7.067.  SUPPLEMENTAL ENVIRONMENTAL PROJECTS.  (a)  The
 1-8     commission may compromise, modify, or remit, with or without
 1-9     conditions, an administrative penalty imposed under this
1-10     subchapter.  In determining the appropriate amount of a penalty for
1-11     settlement of an administrative enforcement matter, the commission
1-12     may consider a respondent's willingness to contribute to
1-13     supplemental environmental projects that are approved by the
1-14     commission, giving preference to projects that benefit the
1-15     community in which the alleged violation occurred.  The commission
1-16     may approve a supplemental environmental project with activities in
1-17     territory of the United Mexican States if the project substantially
1-18     benefits territory in this state in a manner described by
1-19     Subsection (b).  The commission may not approve a project:
1-20                 (1)  that is necessary to bring a respondent into
1-21     compliance with environmental laws;
1-22                 (2)  that is necessary to remediate an environmental
1-23     harm caused by the respondent's alleged violation; or
1-24                 (3)  for which the project activities will take place
 2-1     at a location that is more than 50 miles from the location of:
 2-2                       (A)  the acts of the respondent's alleged
 2-3     violation; or
 2-4                       (B)  the environmental harm caused by the
 2-5     respondent's alleged violation.
 2-6           (b)  In this section, "supplemental environmental project"
 2-7     means a project that prevents pollution, reduces the amount of
 2-8     pollutants reaching the environment, enhances the quality of the
 2-9     environment, or contributes to public awareness of environmental
2-10     matters.  [The term does not include projects that are necessary to
2-11     bring the respondent into compliance  with environmental laws or
2-12     that are necessary to remediate the environmental harm caused by
2-13     the alleged violation.]
2-14           SECTION 2.  This Act takes effect September 1, 1999.
2-15           SECTION 3.  The importance of this legislation and the
2-16     crowded condition of the calendars in both houses create an
2-17     emergency and an imperative public necessity that the
2-18     constitutional rule requiring bills to be read on three several
2-19     days in each house be suspended, and this rule is hereby suspended.