By: Shapleigh S.B. No. 828
A BILL TO BE ENTITLED
AN ACT
1-1 relating to supplemental environmental projects undertaken in lieu
1-2 of certain penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 7.067, Water Code, is amended to read as
1-5 follows:
1-6 Sec. 7.067. SUPPLEMENTAL ENVIRONMENTAL PROJECTS. (a) The
1-7 commission may compromise, modify, or remit, with or without
1-8 conditions, an administrative penalty imposed under this
1-9 subchapter. In determining the appropriate amount of a penalty for
1-10 settlement of an administrative enforcement matter, the commission
1-11 may consider a respondent's willingness to contribute to
1-12 supplemental environmental projects that are approved by the
1-13 commission, giving preference to projects that benefit the
1-14 community in which the alleged violation occurred. The commission
1-15 may approve a supplemental environmental project with activities in
1-16 territory of the United Mexican States if the project substantially
1-17 benefits territory in this state in a manner described by
1-18 Subsection (b). The commission may not approve a project that is
1-19 necessary to bring a respondent into compliance with environmental
1-20 laws or that is necessary to remediate environmental harm caused by
1-21 the respondent's alleged violation.
1-22 (b) In this section, "supplemental environmental project"
1-23 means a project that prevents pollution, reduces the amount of
1-24 pollutants reaching the environment, enhances the quality of the
2-1 environment, or contributes to public awareness of environmental
2-2 matters. [The term does not include projects that are necessary to
2-3 bring the respondent into compliance with environmental laws or
2-4 that are necessary to remediate the environmental harm caused by
2-5 the alleged violation.]
2-6 SECTION 2. This Act takes effect September 1, 1999.
2-7 SECTION 3. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.