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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of Supplemental Environmental Projects to |
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protect lands of significant natural resource and hazard mitigation |
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value. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.067 Water Code, is amended to by |
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amending Subsection (a) to read as follows: |
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SUPPLEMENTAL ENVIRONMENTAL PROJECTS. (a) The commission |
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may compromise, modify, or remit, with or without conditions, an |
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administrative penalty imposed under this subchapter. In |
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determining the appropriate amount of a penalty for settlement of |
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an administrative enforcement matter, the commission may consider a |
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respondent's willingness to contribute to supplemental |
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environmental projects that are approved by the commission, giving |
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preference to projects that benefit the community in which the |
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alleged violation occurred. The commission may encourage the |
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cleanup of contaminated property through the use of supplemental |
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environmental projects. The commission may approve a supplemental |
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environmental project with activities in territory of the United |
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Mexican States if the project substantially benefits territory in |
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this state in a manner described by Subsection (b). The commission, |
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as a response to and in an effort to the prevent loss of human life, |
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the significant damage to property, and the substantial public and |
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private cleanup costs associated with natural disasters caused by |
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flooding and storm surges, shall develop supplemental |
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environmental project guidance that encourages projects to acquire |
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lands that provide both significant natural resource and hazard |
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mitigation value against future natural catastrophe. In |
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implementing the effort to acquire and protect property with |
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significant natural resource and hazard mitigation value, the |
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commission may not restrict participation in a supplemental |
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environmental project due to the environmental media or program |
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under which the enforcement action or violation occurred. |
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The commission may not approve a project that is necessary to |
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bring a respondent into compliance with environmental laws, that is |
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necessary to remediate environmental harm caused by the |
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respondent's alleged violation, or that the respondent has already |
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agreed to perform under a preexisting agreement with a governmental |
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agency. |
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SECTION 2. No later than 120 days after the effective date |
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of this Act, the Texas Commission of Environmental Quality will |
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publish program guidance to conform with this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |