By Shapleigh S.B. No. 828
76R1668 JJT-D
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 that is
1-20 necessary to bring a respondent into compliance with environmental
1-21 laws or that is necessary to remediate environmental harm caused by
1-22 the respondent's alleged violation.
1-23 (b) In this section, "supplemental environmental project"
1-24 means a project that prevents pollution, reduces the amount of
2-1 pollutants reaching the environment, enhances the quality of the
2-2 environment, or contributes to public awareness of environmental
2-3 matters. [The term does not include projects that are necessary to
2-4 bring the respondent into compliance with environmental laws or
2-5 that are necessary to remediate the environmental harm caused by
2-6 the alleged violation.]
2-7 SECTION 2. This Act takes effect September 1, 1999.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.