1-1 By: Shapleigh S.B. No. 828
1-2 (In the Senate - Filed March 3, 1999; March 4, 1999, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 23, 1999, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; April 23, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to supplemental environmental projects undertaken in lieu
1-9 of certain penalties.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 7.067, Water Code, is amended to read as
1-12 follows:
1-13 Sec. 7.067. SUPPLEMENTAL ENVIRONMENTAL PROJECTS. (a) The
1-14 commission may compromise, modify, or remit, with or without
1-15 conditions, an administrative penalty imposed under this
1-16 subchapter. In determining the appropriate amount of a penalty for
1-17 settlement of an administrative enforcement matter, the commission
1-18 may consider a respondent's willingness to contribute to
1-19 supplemental environmental projects that are approved by the
1-20 commission, giving preference to projects that benefit the
1-21 community in which the alleged violation occurred. The commission
1-22 may approve a supplemental environmental project with activities in
1-23 territory of the United Mexican States if the project substantially
1-24 benefits territory in this state in a manner described by
1-25 Subsection (b). The commission may not approve a project that is
1-26 necessary to bring a respondent into compliance with environmental
1-27 laws or that is necessary to remediate environmental harm caused by
1-28 the respondent's alleged violation.
1-29 (b) In this section, "supplemental environmental project"
1-30 means a project that prevents pollution, reduces the amount of
1-31 pollutants reaching the environment, enhances the quality of the
1-32 environment, or contributes to public awareness of environmental
1-33 matters. [The term does not include projects that are necessary to
1-34 bring the respondent into compliance with environmental laws or
1-35 that are necessary to remediate the environmental harm caused by
1-36 the alleged violation.]
1-37 SECTION 2. This Act takes effect September 1, 1999.
1-38 SECTION 3. The importance of this legislation and the
1-39 crowded condition of the calendars in both houses create an
1-40 emergency and an imperative public necessity that the
1-41 constitutional rule requiring bills to be read on three several
1-42 days in each house be suspended, and this rule is hereby suspended.
1-43 * * * * *