Amend HB 3960 by striking SECTION 10 of the bill (page 8, line
1, through page 9, line 20) and substituting:
SECTION 10. Section 5.758, Water Code, is transferred to
Subchapter D, Chapter 5, Water Code, and redesignated as Section
5.123, Water Code, as follows:
Sec. 5.123 [5.758]. REGULATORY FLEXIBILITY. (a) The
commission by order may exempt an applicant from a requirement of a
statute or commission rule regarding the control or abatement of
pollution if the applicant proposes to control or abate pollution
by an alternative method or by applying an alternative standard
that is:
(1) more protective of the environment and the public
health than the method or standard prescribed by the statute or
commission rule that would otherwise apply; and
(2) not inconsistent with federal law.
(b) The commission may not exempt an applicant under this
section unless the applicant can present to the commission
documented evidence of benefits to environmental quality that will
result from the project the applicant proposes.
(c) The commission by rule shall specify the procedure for
obtaining an exemption under this section. The rules must provide
for public notice and for public participation in a proceeding
involving an application for an exemption under this section.
(d) The commission's order must provide a specific
description of the alternative method or standard and condition the
exemption on compliance with the method or standard as the order
prescribes.
(e) The commission by rule may establish a reasonable fee
for applying for an exemption under this section.
(f) A violation of an order issued under this section is
punishable as if it were a violation of the statute or rule from
which the order grants an exemption.
(g) This section does not authorize exemptions to statutes
or regulations for storing, handling, processing, or disposing of
low-level radioactive materials.
(h) In implementing the program of regulatory flexibility
authorized by this section, the commission shall:
(1) market the program to businesses in the state
through all available appropriate media;
(2) endorse alternative methods that will clearly
benefit the environment and impose the least onerous restrictions
on business;
(3) fix and enforce environmental standards, allowing
businesses flexibility in meeting the standards in a manner that
clearly enhances environmental outcomes; and
(4) work to achieve consistent and predictable results
for the regulated community and shorter waits for permit issuance.