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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation and functions of the Texas Commission |
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on Environmental Quality and abolishing the On-site Wastewater |
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Treatment Research Council. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. GENERAL PROVISIONS |
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SECTION 1.01. The heading to Chapter 5, Water Code, is |
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amended to read as follows: |
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CHAPTER 5. TEXAS [NATURAL RESOURCE CONSERVATION] COMMISSION ON |
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ENVIRONMENTAL QUALITY |
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SECTION 1.02. Section 5.014, Water Code, is amended to read |
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as follows: |
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Sec. 5.014. SUNSET PROVISION. The Texas [Natural Resource
|
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Conservation] Commission on Environmental Quality is subject to |
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Chapter 325, Government Code (Texas Sunset Act). Unless continued |
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in existence as provided by that chapter, the commission is |
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abolished and this chapter expires September 1, 2023 [2011]. |
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SECTION 1.03. Subchapter C, Chapter 5, Water Code, is |
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amended by adding Section 5.061 to read as follows: |
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Sec. 5.061. PROHIBITION ON ACCEPTING CAMPAIGN |
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CONTRIBUTIONS. A member of the commission may not accept a |
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contribution to a campaign for election to an elected office. If a |
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member of the commission accepts a campaign contribution, the |
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person is considered to have resigned from the office and the office |
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immediately becomes vacant. The vacancy shall be filled in the |
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manner provided by law. |
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SECTION 1.04. Subchapter D, Chapter 5, Water Code, is |
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amended by adding Section 5.1031 to read as follows: |
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Sec. 5.1031. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE |
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RESOLUTION. (a) The commission shall develop and implement a |
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policy to encourage the use of: |
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(1) negotiated rulemaking procedures under Chapter |
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2008, Government Code, for the adoption of commission rules; and |
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(2) appropriate alternative dispute resolution |
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procedures under Chapter 2009, Government Code, to assist in the |
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resolution of internal and external disputes under the commission's |
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jurisdiction. |
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(b) The commission's procedures relating to alternative |
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dispute resolution must conform, to the extent possible, to any |
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model guidelines issued by the State Office of Administrative |
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Hearings for the use of alternative dispute resolution by state |
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agencies. |
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(c) The commission shall: |
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(1) coordinate the implementation of the policy |
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adopted under Subsection (a); |
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(2) provide training as needed to implement the |
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procedures for negotiated rulemaking or alternative dispute |
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resolution; and |
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(3) collect data concerning the effectiveness of those |
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procedures. |
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SECTION 1.05. Section 5.2291(b), Water Code, is amended to |
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read as follows: |
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(b) Except as provided by Section 5.2292, the [The] |
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procurement of a contract for scientific and technical |
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environmental services shall be conducted under the procedures for |
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professional services selection provided in Subchapter A, Chapter |
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2254, Government Code. |
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SECTION 1.06. Subchapter F, Chapter 5, Water Code, is |
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amended by adding Section 5.2292 to read as follows: |
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Sec. 5.2292. CONTRACTS FOR SERVICES UNDER PETROLEUM STORAGE |
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TANK STATE-LEAD PROGRAM. (a) The executive director may directly |
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award a contract for scientific and technical environmental |
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services to a person if: |
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(1) the contract is for the performance of services |
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related to the remediation of a site that has been placed in the |
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state-lead program under Section 26.3573(r-1); |
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(2) the person has registered to perform corrective |
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action under Section 26.364; |
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(3) the person is eligible to receive a contract award |
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from the state; |
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(4) the person was performing related work at the site |
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on or before July 1, 2011; and |
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(5) the contract includes all contract provisions |
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required for state contracts. |
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(b) Notwithstanding Section 2254.004, Government Code, the |
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executive director may directly award a contract for engineering |
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services to a person if: |
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(1) the contract is for the performance of services |
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related to the remediation of a site that has been placed in the |
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state-lead program under Section 26.3573(r-1); |
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(2) the person is licensed under Chapter 1001, |
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Occupations Code; |
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(3) the person has registered to perform corrective |
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action under Section 26.364; |
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(4) the person is eligible to receive a contract award |
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from the state; |
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(5) the person was performing related work at the site |
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on or before July 1, 2011; and |
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(6) the contract includes all contract provisions |
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required for state contracts. |
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(c) Nothing in Subsection (a) or (b) requires the executive |
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director to make an award at a site or prevents the executive |
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director from negotiating additional contract terms, including |
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qualifications. |
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SECTION 1.07. Section 12.052(a), Water Code, is amended to |
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read as follows: |
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(a) The commission shall make and enforce rules and orders |
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and shall perform all other acts necessary to provide for the safe |
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construction, maintenance, repair, and removal of dams located in |
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this state. In performing the commission's duties under this |
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subsection, the commission shall identify and focus on the most |
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hazardous dams in the state. |
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ARTICLE 2. TRANSFER OF CERTAIN DUTIES TO THE RAILROAD COMMISSION |
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SECTION 2.01. Section 91.011, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 91.011. CASING. (a) Before drilling into the oil or |
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gas bearing rock, the owner or operator of a well being drilled for |
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oil or gas shall encase the well with good and sufficient wrought |
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iron or steel casing or with any other material that meets standards |
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adopted by the commission, particularly where wells could be |
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subjected to corrosive elements or high pressures and temperatures, |
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in a manner and to a depth that will exclude surface or fresh water |
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from the lower part of the well from penetrating the oil or gas |
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bearing rock, and if the well is drilled through the first into the |
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lower oil or gas bearing rock, the well shall be cased in a manner |
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and to a depth that will exclude fresh water above the last oil or |
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gas bearing rock penetrated. |
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(b) The commission shall adopt rules regarding the depth of |
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well casings necessary to meet the requirements of this section. |
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SECTION 2.02. Subchapter B, Chapter 91, Natural Resources |
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Code, is amended by adding Section 91.0115 to read as follows: |
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Sec. 91.0115. CASING; LETTER OF DETERMINATION. (a) The |
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commission shall issue, on request from an applicant for a permit |
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for a well to be drilled into oil or gas bearing rock, a letter of |
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determination stating the total depth of surface casing required |
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for the well by Section 91.011. |
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(b) The commission may charge a fee in an amount to be |
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determined by the commission for a letter of determination. |
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(c) The commission shall charge a fee not to exceed $75, in |
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addition to the fee required by Subsection (b), for processing a |
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request to expedite a letter of determination. Money collected |
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under this subsection may be used to study and evaluate electronic |
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access to geologic data and surface casing depths under Section |
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91.020. |
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SECTION 2.03. Subchapter B, Chapter 91, Natural Resources |
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Code, is amended by adding Section 91.020 to read as follows: |
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Sec. 91.020. ELECTRONIC GEOLOGIC DATA. The commission |
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shall work cooperatively with other appropriate state agencies to |
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study and evaluate electronic access to geologic data and surface |
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casing depths necessary to protect usable groundwater in this |
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state. |
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SECTION 2.04. Subchapter D, Chapter 91, Natural Resources |
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Code, is amended by adding Section 91.1015 to read as follows: |
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Sec. 91.1015. GROUNDWATER PROTECTION REQUIREMENTS. The |
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commission shall adopt rules to establish groundwater protection |
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requirements for operations that are within the jurisdiction of the |
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commission, including requirements relating to the depth of surface |
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casing for wells. |
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SECTION 2.05. Section 27.033, Water Code, is amended to |
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read as follows: |
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Sec. 27.033. LETTER OF DETERMINATION [FROM EXECUTIVE
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DIRECTOR]. A person making application to the railroad commission |
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for a permit under this chapter shall submit with the application a |
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letter of determination from the railroad commission [from the
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executive director] stating that drilling and using the disposal |
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well and injecting oil and gas waste into the subsurface stratum |
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will not endanger the freshwater strata in that area and that the |
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formation or stratum to be used for the disposal is not freshwater |
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sand. |
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SECTION 2.06. Section 27.046, Water Code, is amended to |
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read as follows: |
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Sec. 27.046. LETTER OF DETERMINATION [FROM EXECUTIVE
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DIRECTOR]. (a) The railroad commission may not issue a permit |
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under rules adopted under this subchapter until the railroad |
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commission issues to the applicant for the permit [provides to the
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railroad commission] a letter of determination [from the executive
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director] stating that drilling and operating the anthropogenic |
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carbon dioxide injection well for geologic storage or operating the |
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geologic storage facility will not injure any freshwater strata in |
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that area and that the formation or stratum to be used for the |
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geologic storage facility is not freshwater sand. |
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(b) To make the determination required by Subsection (a), |
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the railroad commission [executive director] shall review: |
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(1) the area of review and corrective action plans; |
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(2) any subsurface monitoring plans required during |
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injection or post injection; |
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(3) any postinjection site care plans; and |
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(4) any other elements of the application reasonably |
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required in order for the railroad commission [executive director] |
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to make the determination required by Subsection (a). |
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(c) The railroad commission shall adopt rules to implement |
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and administer this section. |
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SECTION 2.07. Section 5.701(r), Water Code, is repealed. |
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SECTION 2.08. (a) The Railroad Commission of Texas shall |
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adopt rules to implement the changes in law made by this article not |
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later than March 1, 2012. |
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(b) A rule, form, policy, or procedure of the Texas |
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Commission on Environmental Quality related to the changes in law |
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made by this article continues in effect as a rule, form, policy, or |
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procedure of the Railroad Commission of Texas and remains in effect |
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until amended or replaced by that agency. |
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ARTICLE 3. PUBLIC INTEREST |
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SECTION 3.01. Subchapter F, Chapter 5, Water Code, is |
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amended by adding Section 5.239 to read as follows: |
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Sec. 5.239. PUBLIC EDUCATION AND ASSISTANCE. (a) The |
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executive director shall ensure that the agency is responsive to |
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environmental and citizens' concerns, including environmental |
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quality and consumer protection. |
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(b) The executive director shall develop and implement a |
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program to: |
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(1) provide a centralized point for the public to |
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access information about the commission and to learn about matters |
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regulated by the commission; |
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(2) identify and assess the concerns of the public in |
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regard to matters regulated by the commission; and |
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(3) respond to the concerns identified by the program. |
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SECTION 3.02. Section 5.271, Water Code, is amended to read |
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as follows: |
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Sec. 5.271. CREATION AND GENERAL RESPONSIBILITY OF THE |
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OFFICE OF PUBLIC INTEREST COUNSEL. The office of public interest |
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counsel is created to ensure that the commission promotes the |
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public's interest [and is responsive to environmental and citizens'
|
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concerns including environmental quality and consumer protection]. |
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The primary duty of the office is to represent the public interest |
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as a party to matters before the commission. |
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SECTION 3.03. Subchapter G, Chapter 5, Water Code, is |
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amended by adding Section 5.2725 to read as follows: |
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Sec. 5.2725. ANNUAL REPORT; PERFORMANCE MEASURES. (a) The |
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office of public interest counsel shall report to the commission |
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each year in a public meeting held on a date determined by the |
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commission to be timely for the commission to include the reported |
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information in the commission's reports under Sections 5.178(a) and |
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(b) and in the commission's biennial legislative appropriations |
|
requests as appropriate: |
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(1) an evaluation of the office's performance in |
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representing the public interest in the preceding year; |
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(2) an assessment of the budget needs of the office, |
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including the need to contract for outside expertise; and |
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(3) any legislative or regulatory changes recommended |
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under Section 5.273. |
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(b) The commission and the office of public interest counsel |
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shall work cooperatively to identify performance measures for the |
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office. |
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SECTION 3.04. Subchapter G, Chapter 5, Water Code, is |
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amended by adding Section 5.276 to read as follows: |
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Sec. 5.276. FACTORS FOR PUBLIC INTEREST REPRESENTATION. |
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(a) The commission by rule, after consideration of recommendations |
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from the office of public interest counsel, shall establish factors |
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the public interest counsel must consider before the public |
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interest counsel decides to represent the public interest as a |
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party to a commission proceeding. |
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(b) Rules adopted under this section must include: |
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(1) factors to determine the nature and extent of the |
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public interest; and |
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(2) factors to consider in prioritizing the workload |
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of the office of public interest counsel. |
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ARTICLE 4. COMPLIANCE AND ENFORCEMENT |
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SECTION 4.01. Section 5.751, Water Code, is amended to read |
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as follows: |
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Sec. 5.751. APPLICABILITY. This subchapter applies to |
|
programs under the jurisdiction of the commission under Chapters |
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26, [and] 27, and 32 of this code and Chapters 361, 375, 382, and |
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401, Health and Safety Code. It does not apply to occupational |
|
licensing programs under the jurisdiction of the commission. |
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SECTION 4.02. Section 5.752(1), Water Code, is amended to |
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read as follows: |
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(1) "Applicable legal requirement" means an |
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environmental law, regulation, permit, order, consent[,] decree, |
|
or other requirement. |
|
SECTION 4.03. The heading to Section 5.753, Water Code, is |
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amended to read as follows: |
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Sec. 5.753. STANDARDS [STANDARD] FOR EVALUATING AND USING |
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COMPLIANCE HISTORY. |
|
SECTION 4.04. Section 5.753, Water Code, is amended by |
|
amending Subsections (a), (b), and (d) and adding Subsection (d-1) |
|
to read as follows: |
|
(a) Consistent with other law and the requirements |
|
necessary to maintain federal program authorization, the |
|
commission by rule shall develop standards [a uniform standard] for |
|
evaluating and using compliance history. |
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(b) The components of compliance history must include: |
|
(1) enforcement orders, court judgments, [consent
|
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decrees,] and criminal convictions of this state [and the federal
|
|
government] relating to compliance with applicable legal |
|
requirements under the jurisdiction of the commission [or the
|
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United States Environmental Protection Agency]; |
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(2) notwithstanding any other provision of this code, |
|
orders issued under Section 7.070; |
|
(3) to the extent readily available to the commission, |
|
enforcement orders, court judgments, consent decrees, and criminal |
|
convictions relating to violations of environmental rules [laws] of |
|
the United States Environmental Protection Agency [other states]; |
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and |
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(4) changes in ownership. |
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(d) For purposes of using compliance history in any |
|
escalation of penalties, the commission may not use notices of |
|
violation unless the commission takes subsequent action or the |
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person is classified as a repeat violator as determined according |
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to criteria established under Section 5.754(c). If the commission |
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includes a notice of violation in a compliance history, the listing |
|
must be preceded by the following statement prominently displayed: |
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"A notice of violation represents a written allegation of a |
|
violation of a specific regulatory requirement from the commission |
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to a regulated entity. A notice of violation is not a final |
|
enforcement action nor proof that a violation has actually |
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occurred." [The set of components shall include notices of
|
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violations.] A notice of violation administratively determined to |
|
be without merit may [shall] not be included in a compliance |
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history. A notice of violation that is included in a compliance |
|
history shall be removed from the compliance history if the |
|
commission subsequently determines the notice of violation to be |
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without merit. |
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(d-1) For purposes of listing compliance history or using |
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compliance history in any escalation of penalties, the commission |
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may not include as a notice of violation deviations or violations |
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provided by a person to the commission, such as deviations reported |
|
in discharge monitoring reports or Title V deviation reports, |
|
unless the commission issues a written notice of violation. Final |
|
enforcement orders or judgments resulting from self-reported |
|
deviations or violations may be considered as compliance history |
|
components for purposes of determining compliance history. |
|
SECTION 4.05. Section 5.754, Water Code, is amended by |
|
amending Subsections (a), (b), (c), (d), (e), (g), and (h) and |
|
adding Subsection (e-1) to read as follows: |
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(a) The commission by rule shall establish a set of |
|
standards for the classification of a person's compliance history |
|
as a means of evaluating compliance history. The commission may |
|
consider the person's classification when using compliance history |
|
under Subsection (e). |
|
(b) Rules adopted under Subsection (a): |
|
(1) [this section] must, at a minimum, provide for three |
|
classifications of compliance history in a manner adequate to |
|
distinguish among: |
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(A) unsatisfactory [(1) poor] performers, or |
|
regulated entities that in the commission's judgment perform below |
|
minimal acceptable performance standards established by the |
|
commission [average]; |
|
(B) satisfactory [(2) average] performers, or |
|
regulated entities that generally comply with environmental |
|
regulations; and |
|
(C) [(3)] high performers, or regulated entities |
|
that have an above-satisfactory [above-average] compliance record; |
|
(2) may establish a category of unclassified |
|
performers, or regulated entities for which the commission does not |
|
have adequate compliance information about the site; and |
|
(3) must take into account both positive and negative |
|
factors related to the operation, size, and complexity of the site, |
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including whether the site is subject to Title V of the federal |
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Clean Air Act (42 U.S.C. Section 7661 et seq.). |
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(c) In classifying a person's compliance history, the |
|
commission shall: |
|
(1) determine whether a violation of an applicable |
|
legal requirement is of major, moderate, or minor significance; |
|
(2) establish criteria for classifying a repeat |
|
violator, giving consideration to the size [number] and complexity |
|
of the site at which the violations occurred, and limiting |
|
consideration to violations of the same nature and the same |
|
environmental media that occurred in the preceding five years |
|
[facilities owned or operated by the person]; and |
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(3) consider: |
|
(A) the significance of the violation and whether |
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the person is a repeat violator; |
|
(B) the size and complexity of the site, |
|
including whether the site is subject to Title V of the federal |
|
Clean Air Act (42 U.S.C. Section 7661 et seq.); and |
|
(C) the potential for a violation at the site |
|
that is attributable to the nature and complexity of the site. |
|
(d) The commission by rule may require [shall establish
|
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methods of assessing the compliance history of regulated entities
|
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for which it does not have adequate compliance information. The
|
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methods may include requiring] a compliance inspection to determine |
|
an entity's eligibility for participation in a program that |
|
requires a high level of compliance. |
|
(e) The commission by rule shall provide for the use of |
|
compliance history [classifications] in commission decisions |
|
regarding: |
|
(1) the issuance, renewal, amendment, modification, |
|
denial, suspension, or revocation of a permit; |
|
(2) enforcement; |
|
(3) the use of announced inspections; and |
|
(4) participation in innovative programs. |
|
(e-1) In using a person's compliance history classification |
|
for an enforcement purpose, the components used to determine that |
|
compliance history classification may not be used individually for |
|
penalty enhancement or escalation. |
|
(g) Rules adopted under Subsection (e) for the use of |
|
compliance history shall provide for additional oversight of, and |
|
review of applications regarding, facilities owned or operated by a |
|
person whose compliance performance is classified as |
|
unsatisfactory according to commission standards [in the lowest
|
|
classification developed under this section]. |
|
(h) The commission by rule shall, at a minimum, prohibit a |
|
person whose compliance history is classified as unsatisfactory |
|
according to commission standards [in the lowest classification
|
|
developed under this section] from[:
|
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[(1) receiving an announced inspection; and
|
|
[(2)] obtaining or renewing a flexible permit under |
|
the program administered by the commission under Chapter 382, |
|
Health and Safety Code, or participating in the regulatory |
|
flexibility program administered by the commission under Section |
|
5.758. |
|
SECTION 4.06. Section 5.755(b), Water Code, is amended to |
|
read as follows: |
|
(b) The strategically directed regulatory structure shall |
|
offer incentives based on: |
|
(1) a person's compliance history [classification]; |
|
and |
|
(2) any voluntary measures undertaken by the person to |
|
improve environmental quality. |
|
SECTION 4.07. Section 5.756, Water Code, is amended by |
|
adding Subsection (e) to read as follows: |
|
(e) Before compliance performance information about a site |
|
may be placed on the Internet under this subchapter, the |
|
information must be evaluated through a quality assurance and |
|
control procedure, including a 30-day period for the owner or |
|
operator of the site to review and comment on the information. |
|
SECTION 4.08. Sections 5.758(a), (b), (d), and (h), Water |
|
Code, are amended to read as follows: |
|
(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) as [more] protective of the environment and the |
|
public health as [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 that the alternative the applicant proposes |
|
is as protective of the environment and the public health as the |
|
method or standard prescribed by the statute or commission rule |
|
that would otherwise apply [of benefits to environmental quality
|
|
that will result from the project the applicant proposes]. |
|
(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. |
|
(h) In implementing the program of regulatory flexibility |
|
authorized by this section, the commission shall: |
|
(1) promote [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. |
|
SECTION 4.09. Subchapter A, Chapter 7, Water Code, is |
|
amended by adding Section 7.006 to read as follows: |
|
Sec. 7.006. ENFORCEMENT POLICIES. (a) The commission by |
|
rule shall adopt a general enforcement policy that describes the |
|
commission's approach to enforcement. |
|
(b) The commission shall assess, update, and publicly adopt |
|
specific enforcement policies regularly, including policies |
|
regarding the calculation of penalties. |
|
(c) The commission shall make the policies available to the |
|
public, including by posting the policies on the commission's |
|
Internet website. |
|
SECTION 4.10. Sections 7.052(a) and (c), Water Code, are |
|
amended to read as follows: |
|
(a) The amount of the penalty for a violation of Chapter 37 |
|
of this code, Chapter 366, 371, or 372, Health and Safety Code, or |
|
Chapter 1903, Occupations Code, may not be less than $50 or greater |
|
than $5,000 [exceed $2,500] a day for each violation. |
|
(c) The amount of the penalty for all other violations |
|
within the jurisdiction of the commission to enforce may not be less |
|
than $50 or greater than $25,000 [exceed $10,000] a day for each |
|
violation. |
|
SECTION 4.11. Section 7.067, Water Code, is amended to read |
|
as follows: |
|
Sec. 7.067. SUPPLEMENTAL ENVIRONMENTAL PROJECTS. (a) The |
|
commission may compromise, modify, or remit, with or without |
|
conditions, an administrative penalty imposed under this |
|
subchapter. In determining the appropriate amount of a penalty for |
|
settlement of an administrative enforcement matter, the commission |
|
may consider a respondent's willingness to contribute to |
|
supplemental environmental projects that are approved by the |
|
commission, giving preference to projects that benefit the |
|
community in which the alleged violation occurred. The commission |
|
may encourage the cleanup of contaminated property through the use |
|
of supplemental environmental projects. The commission may approve |
|
a supplemental environmental project with activities in territory |
|
of the United Mexican States if the project substantially benefits |
|
territory in this state in a manner described by Subsection (b). |
|
Except as provided by Subsection (a-1), the [The] commission may |
|
not approve a project that is necessary to bring a respondent into |
|
compliance with environmental laws, that is necessary to remediate |
|
environmental harm caused by the respondent's alleged violation, or |
|
that the respondent has already agreed to perform under a |
|
preexisting agreement with a governmental agency. |
|
(a-1) The commission may approve a supplemental |
|
environmental project that is necessary to bring a respondent into |
|
compliance with environmental laws or that is necessary to |
|
remediate environmental harm caused by the respondent's alleged |
|
violation if the respondent is a local government. |
|
(a-2) The commission shall develop a policy to prevent |
|
regulated entities from systematically avoiding compliance through |
|
the use of supplemental environmental projects under Subsection |
|
(a-1), including a requirement for an assessment of: |
|
(1) the respondent's financial ability to pay |
|
administrative penalties; |
|
(2) the ability of the respondent to remediate the |
|
harm or come into compliance; and |
|
(3) the need for corrective action. |
|
(b) In this section: |
|
(1) "Local government" means a school district, |
|
county, municipality, junior college district, river authority, |
|
water district or other special district, or other political |
|
subdivision created under the constitution or a statute of this |
|
state. |
|
(2) "Supplemental [, "supplemental] environmental |
|
project" means a project that prevents pollution, reduces the |
|
amount of pollutants reaching the environment, enhances the quality |
|
of the environment, or contributes to public awareness of |
|
environmental matters. |
|
SECTION 4.12. Section 13.4151(a), Water Code, is amended to |
|
read as follows: |
|
(a) If a person, affiliated interest, or entity subject to |
|
the jurisdiction of the commission violates this chapter or a rule |
|
or order adopted under this chapter, the commission may assess a |
|
penalty against that person, affiliated interest, or entity as |
|
provided by this section. The penalty may be in an amount not less |
|
than $100 or greater than $5,000 [to exceed $500] a day. Each day a |
|
violation continues may be considered a separate violation. |
|
SECTION 4.13. Section 26.028(d), Water Code, is amended to |
|
read as follows: |
|
(d) Notwithstanding any other provision of this chapter, |
|
the commission, at a regular meeting without the necessity of |
|
holding a public hearing, may approve an application to renew or |
|
amend a permit if: |
|
(1) the applicant is not applying to: |
|
(A) increase significantly the quantity of waste |
|
authorized to be discharged; or |
|
(B) change materially the pattern or place of |
|
discharge; |
|
(2) the activities to be authorized by the renewed or |
|
amended permit will maintain or improve the quality of waste |
|
authorized to be discharged; |
|
(3) for NPDES permits, notice and the opportunity to |
|
request a public meeting shall be given in compliance with NPDES |
|
program requirements, and the commission shall consider and respond |
|
to all timely received and significant public comment; and |
|
(4) the commission determines that an applicant's |
|
compliance history under the method for using [evaluating] |
|
compliance history developed by the commission under Section 5.754 |
|
raises no issues regarding the applicant's ability to comply with a |
|
material term of its permit. |
|
SECTION 4.14. Section 26.0281, Water Code, is amended to |
|
read as follows: |
|
Sec. 26.0281. CONSIDERATION OF COMPLIANCE HISTORY. In |
|
considering the issuance, amendment, or renewal of a permit to |
|
discharge effluent comprised primarily of sewage or municipal |
|
waste, the commission shall consider the compliance history of the |
|
applicant and its operator under the method for using [evaluating] |
|
compliance history developed by the commission under Section 5.754. |
|
In considering an applicant's compliance history under this |
|
subsection, the commission shall consider as evidence of compliance |
|
information regarding the applicant's implementation of an |
|
environmental management system at the facility for which the |
|
permit, permit amendment, or permit renewal is sought. In this |
|
section, "environmental management system" has the meaning |
|
assigned by Section 5.127. |
|
SECTION 4.15. Section 26.040(h), Water Code, is amended to |
|
read as follows: |
|
(h) Notwithstanding other provisions of this chapter, the |
|
commission, after hearing, shall deny or suspend a discharger's |
|
authority to discharge under a general permit if the commission |
|
determines that the discharger's compliance history is classified |
|
as unsatisfactory according to commission standards [in the lowest
|
|
classification] under Sections 5.753 and 5.754 and rules adopted |
|
and procedures developed under those sections. A hearing under this |
|
subsection is not subject to Chapter 2001, Government Code. |
|
SECTION 4.16. Section 26.3467, Water Code, is amended by |
|
adding Subsection (d) to read as follows: |
|
(d) A person may not deliver any regulated substance into an |
|
underground storage tank regulated under this chapter unless the |
|
underground storage tank has been issued a valid, current |
|
underground storage tank registration and certificate of |
|
compliance under Section 26.346. The commission may impose an |
|
administrative penalty against a person who violates this |
|
subsection. The commission shall adopt rules as necessary to |
|
enforce this subsection. |
|
SECTION 4.17. Section 26.351, Water Code, is amended by |
|
adding Subsections (c-1) and (c-2) to read as follows: |
|
(c-1) The commission may undertake corrective action to |
|
remove an underground or aboveground storage tank that: |
|
(1) is not in compliance with the requirements of this |
|
chapter; |
|
(2) is out of service; |
|
(3) presents a contamination risk; and |
|
(4) is owned or operated by a person who is financially |
|
unable to remove the tank. |
|
(c-2) The commission shall adopt rules to implement |
|
Subsection (c-1), including rules regarding: |
|
(1) the determination of the financial ability of the |
|
tank owner or operator to remove the tank; and |
|
(2) the assessment of the potential risk of |
|
contamination from the site. |
|
SECTION 4.18. Section 26.3573(d), Water Code, is amended to |
|
read as follows: |
|
(d) The commission may use the money in the petroleum |
|
storage tank remediation account to pay: |
|
(1) necessary expenses associated with the |
|
administration of the petroleum storage tank remediation account |
|
and the groundwater protection cleanup program; |
|
(2) expenses associated with investigation, cleanup, |
|
or corrective action measures performed in response to a release or |
|
threatened release from a petroleum storage tank, whether those |
|
expenses are incurred by the commission or pursuant to a contract |
|
between a contractor and an eligible owner or operator as |
|
authorized by this subchapter; |
|
(3) subject to the conditions of Subsection (f), |
|
expenses associated with investigation, cleanup, or corrective |
|
action measures performed in response to a release or threatened |
|
release of hydraulic fluid or spent oil from hydraulic lift systems |
|
or tanks located at a vehicle service and fueling facility and used |
|
as part of the operations of that facility; [and] |
|
(4) expenses associated with assuring compliance with |
|
the commission's applicable underground or aboveground storage |
|
tank administrative and technical requirements, including |
|
technical assistance and support, inspections, enforcement, and |
|
the provision of matching funds for grants; and |
|
(5) expenses associated with investigation, cleanup, |
|
or corrective action measures performed under Section 26.351(c-1). |
|
SECTION 4.19. Section 26.3574, Water Code, is amended by |
|
amending Subsection (b) and adding Subsection (b-1) to read as |
|
follows: |
|
(b) A fee is imposed on the delivery of a petroleum product |
|
on withdrawal from bulk of that product as provided by this |
|
subsection. Each operator of a bulk facility on withdrawal from |
|
bulk of a petroleum product shall collect from the person who orders |
|
the withdrawal a fee in an amount determined as follows: |
|
(1) not more than $3.75 for each delivery into a cargo |
|
tank having a capacity of less than 2,500 gallons [for the state
|
|
fiscal year beginning September 1, 2007, through the state fiscal
|
|
year ending August 31, 2011]; |
|
(2) not more than $7.50 for each delivery into a cargo |
|
tank having a capacity of 2,500 gallons or more but less than 5,000 |
|
gallons [for the state fiscal year beginning September 1, 2007,
|
|
through the state fiscal year ending August 31, 2011]; |
|
(3) not more than $11.75 for each delivery into a cargo |
|
tank having a capacity of 5,000 gallons or more but less than 8,000 |
|
gallons [for the state fiscal year beginning September 1, 2007,
|
|
through the state fiscal year ending August 31, 2011]; |
|
(4) not more than $15.00 for each delivery into a cargo |
|
tank having a capacity of 8,000 gallons or more but less than 10,000 |
|
gallons [for the state fiscal year beginning September 1, 2007,
|
|
through the state fiscal year ending August 31, 2011]; and |
|
(5) not more than $7.50 for each increment of 5,000 |
|
gallons or any part thereof delivered into a cargo tank having a |
|
capacity of 10,000 gallons or more [for the state fiscal year
|
|
beginning September 1, 2007, through the state fiscal year ending
|
|
August 31, 2011]. |
|
(b-1) The commission by rule shall set the amount of the fee |
|
in Subsection (b) in an amount not to exceed the amount necessary to |
|
cover the agency's costs of administering this subchapter, as |
|
indicated by the amount appropriated by the legislature from the |
|
petroleum storage tank remediation account for that purpose. |
|
SECTION 4.20. Section 27.025(g), Water Code, is amended to |
|
read as follows: |
|
(g) Notwithstanding the other provisions of this chapter, |
|
the commission, after hearing, shall deny or suspend authorization |
|
for the use of an injection well under a general permit if the |
|
commission determines that the owner's compliance history is |
|
classified as unsatisfactory according to commission standards [in
|
|
the lowest classification] under Sections 5.753 and 5.754 and rules |
|
adopted and procedures developed under those sections. A hearing |
|
under this subsection is not subject to the requirements relating |
|
to a contested case hearing under Chapter 2001, Government Code. |
|
SECTION 4.21. Section 27.051(d), Water Code, is amended to |
|
read as follows: |
|
(d) The commission, in determining if the use or |
|
installation of an injection well is in the public interest under |
|
Subsection (a)(1), shall consider, but shall not be limited to the |
|
consideration of: |
|
(1) compliance history of the applicant and related |
|
entities under the method for using [evaluating] compliance history |
|
developed by the commission under Section 5.754 and in accordance |
|
with the provisions of Subsection (e); |
|
(2) whether there is a practical, economic, and |
|
feasible alternative to an injection well reasonably available; and |
|
(3) if the injection well will be used for the disposal |
|
of hazardous waste, whether the applicant will maintain sufficient |
|
public liability insurance for bodily injury and property damage to |
|
third parties that is caused by sudden and non-sudden accidents or |
|
will otherwise demonstrate financial responsibility in a manner |
|
adopted by the commission in lieu of public liability insurance. A |
|
liability insurance policy which satisfies the policy limits |
|
required by the hazardous waste management regulations of the |
|
commission for the applicant's proposed pre-injection facilities |
|
shall be deemed "sufficient" under this subdivision if the policy: |
|
(A) covers the injection well; and |
|
(B) is issued by a company that is authorized to |
|
do business and to write that kind of insurance in this state and is |
|
solvent and not currently under supervision or in conservatorship |
|
or receivership in this state or any other state. |
|
SECTION 4.22. Section 32.101(c), Water Code, is amended to |
|
read as follows: |
|
(c) The commission, in determining if the use or |
|
installation of a subsurface area drip dispersal system is in the |
|
public interest under Subsection (a)(1), shall consider: |
|
(1) compliance history of the applicant and related |
|
entities under the method for using [evaluating] compliance history |
|
developed by the commission under Section 5.754 and in accordance |
|
with the provisions of Subsection (d) of this section; |
|
(2) whether there is a practical, economic, and |
|
feasible alternative to a subsurface area drip dispersal system |
|
reasonably available; and |
|
(3) any other factor the commission considers |
|
relevant. |
|
SECTION 4.23. Sections 361.089(a), (e), and (f), Health and |
|
Safety Code, are amended to read as follows: |
|
(a) The commission may, for good cause, deny or amend a |
|
permit it issues or has authority to issue for reasons pertaining to |
|
public health, air or water pollution, or land use, or for having a |
|
compliance history that is classified as unsatisfactory according |
|
to commission standards [in the lowest classification] under |
|
Sections 5.753 and 5.754, Water Code, and rules adopted and |
|
procedures developed under those sections. |
|
(e) The commission may deny an original or renewal permit if |
|
it is found, after notice and hearing, that: |
|
(1) the applicant or permit holder has a compliance |
|
history that is classified as unsatisfactory according to |
|
commission standards [in the lowest classification] under Sections |
|
5.753 and 5.754, Water Code, and rules adopted and procedures |
|
developed under those sections; |
|
(2) the permit holder or applicant made a false or |
|
misleading statement in connection with an original or renewal |
|
application, either in the formal application or in any other |
|
written instrument relating to the application submitted to the |
|
commission, its officers, or its employees; |
|
(3) the permit holder or applicant is indebted to the |
|
state for fees, payment of penalties, or taxes imposed by this title |
|
or by a rule of the commission; or |
|
(4) the permit holder or applicant is unable to ensure |
|
that the management of the hazardous waste management facility |
|
conforms or will conform to this title and the rules of the |
|
commission. |
|
(f) Before denying a permit under this section, the |
|
commission must find: |
|
(1) that the applicant or permit holder has a |
|
compliance history that is classified as unsatisfactory according |
|
to commission standards [in the lowest classification] under |
|
Sections 5.753 and 5.754, Water Code, and rules adopted and |
|
procedures developed under those sections; or |
|
(2) that the permit holder or applicant is indebted to |
|
the state for fees, payment of penalties, or taxes imposed by this |
|
title or by a rule of the commission. |
|
SECTION 4.24. Section 382.0518(c), Health and Safety Code, |
|
is amended to read as follows: |
|
(c) In considering the issuance, amendment, or renewal of a |
|
permit, the commission may consider the applicant's compliance |
|
history in accordance with the method for using [evaluating] |
|
compliance history developed by the commission under Section 5.754, |
|
Water Code. In considering an applicant's compliance history under |
|
this subsection, the commission shall consider as evidence of |
|
compliance information regarding the applicant's implementation of |
|
an environmental management system at the facility for which the |
|
permit, permit amendment, or permit renewal is sought. In this |
|
subsection, "environmental management system" has the meaning |
|
assigned by Section 5.127, Water Code. |
|
SECTION 4.25. Section 382.056(o), Health and Safety Code, |
|
is amended to read as follows: |
|
(o) Notwithstanding other provisions of this chapter, the |
|
commission may hold a hearing on a permit amendment, modification, |
|
or renewal if the commission determines that the application |
|
involves a facility for which the applicant's compliance history is |
|
classified as unsatisfactory according to commission standards [in
|
|
the lowest classification] under Sections 5.753 and 5.754, Water |
|
Code, and rules adopted and procedures developed under those |
|
sections. |
|
SECTION 4.26. Section 401.110(a), Health and Safety Code, |
|
is amended to read as follows: |
|
(a) In making a determination whether to grant, deny, amend, |
|
renew, revoke, suspend, or restrict a license or registration, the |
|
commission may consider an applicant's or license holder's |
|
technical competence, financial qualifications, and compliance |
|
history under the method for using [evaluation of] compliance |
|
history developed by the commission under Section 5.754, Water |
|
Code. |
|
SECTION 4.27. Section 401.112(a), Health and Safety Code, |
|
is amended to read as follows: |
|
(a) The commission, in making a licensing decision on a |
|
specific license application to process or dispose of low-level |
|
radioactive waste from other persons, shall consider: |
|
(1) site suitability, geological, hydrological, and |
|
meteorological factors, and natural hazards; |
|
(2) compatibility with present uses of land near the |
|
site; |
|
(3) socioeconomic effects on surrounding communities |
|
of operation of the licensed activity and of associated |
|
transportation of low-level radioactive waste; |
|
(4) the need for and alternatives to the proposed |
|
activity, including an alternative siting analysis prepared by the |
|
applicant; |
|
(5) the applicant's qualifications, including: |
|
(A) financial and technical qualifications and |
|
compliance history under the method for using [evaluation of] |
|
compliance history developed by the commission under Section 5.754, |
|
Water Code, for an application to the commission; and |
|
(B) the demonstration of financial |
|
qualifications under Section 401.108; |
|
(6) background monitoring plans for the proposed site; |
|
(7) suitability of facilities associated with the |
|
proposed activities; |
|
(8) chemical, radiological, and biological |
|
characteristics of the low-level radioactive waste and waste |
|
classification under Section 401.053; |
|
(9) adequate insurance of the applicant to cover |
|
potential injury to any property or person, including potential |
|
injury from risks relating to transportation; |
|
(10) training programs for the applicant's employees; |
|
(11) a monitoring, record-keeping, and reporting |
|
program; |
|
(12) spill detection and cleanup plans for the |
|
licensed site and related to associated transportation of low-level |
|
radioactive waste; |
|
(13) decommissioning and postclosure care plans; |
|
(14) security plans; |
|
(15) worker monitoring and protection plans; |
|
(16) emergency plans; and |
|
(17) a monitoring program for applicants that includes |
|
prelicense and postlicense monitoring of background radioactive |
|
and chemical characteristics of the soils, groundwater, and |
|
vegetation. |
|
SECTION 4.28. (a) Not later than September 1, 2012, the |
|
Texas Commission on Environmental Quality by rule shall establish |
|
the method for evaluating compliance history as required by Section |
|
5.753(a), Water Code, as amended by this article. Until the |
|
commission adopts that method, the commission shall continue in |
|
effect its current standard for evaluating compliance history. |
|
(b) The changes in law made by Sections 7.052 and 13.4151, |
|
Water Code, as amended by this article, apply only to a violation |
|
that occurs on or after the effective date of this Act. For |
|
purposes of this section, a violation occurs before the effective |
|
date of this Act if any element of the violation occurs before that |
|
date. A violation that occurs before the effective date of this Act |
|
is covered by the law in effect on the date the violation occurred, |
|
and the former law is continued in effect for that purpose. |
|
(c) The change in law made by Section 26.3467(d), Water |
|
Code, as added by this article, applies only to a delivery of a |
|
regulated substance to a petroleum storage tank made on or after the |
|
effective date of this Act. |
|
(d) The fee applicable to a delivery in Section 26.3574(b), |
|
Water Code, as that subsection existed immediately before the |
|
effective date of this Act, remains in effect until the Texas |
|
Commission on Environmental Quality adopts and implements a fee |
|
applicable to that delivery under Section 26.3574(b-1), Water Code, |
|
as added by this Act. |
|
ARTICLE 5. WATER RIGHTS |
|
SECTION 5.01. Section 11.031, Water Code, is amended by |
|
adding Subsections (d), (e), (f), and (g) to read as follows: |
|
(d) Each person who has a water right issued by the |
|
commission or who impounds, diverts, or otherwise uses state water |
|
shall maintain water use information on a monthly basis during the |
|
months a water rights holder uses permitted water. The person shall |
|
make the information available to the commission on the |
|
commission's request. |
|
(e) The commission may request information maintained under |
|
Subsection (d) only during a drought or other emergency shortage of |
|
water. |
|
(f) A person submitting a report under Subsection (a) is not |
|
required to include information maintained under Subsection (d). |
|
(g) Subsections (e) and (f) do not affect the authority of a |
|
watermaster to obtain water use information under other law. |
|
SECTION 5.02. Subchapter B, Chapter 11, Water Code, is |
|
amended by adding Section 11.053 to read as follows: |
|
Sec. 11.053. EMERGENCY ORDER CONCERNING WATER RIGHTS. (a) |
|
During a period of drought or other emergency shortage of water, the |
|
executive director by order may: |
|
(1) temporarily suspend the right of any person who |
|
holds a water right to use the water; and |
|
(2) adjust the allocation of water between water |
|
rights holders. |
|
(b) The executive director in ordering a suspension or an |
|
allocation adjustment under this section shall ensure that an |
|
action taken: |
|
(1) maximizes the beneficial use of water; |
|
(2) minimizes the impact on water rights holders; and |
|
(3) prevents the waste of water. |
|
(c) The commission shall adopt rules to implement this |
|
section, including rules to determine the conditions under which |
|
the executive director may take action under this section. |
|
SECTION 5.03. Section 11.326, Water Code, is amended by |
|
adding Subsections (g) and (h) to read as follows: |
|
(g) For a water basin in which a watermaster is not |
|
appointed, the executive director shall: |
|
(1) evaluate the water basin at least once every five |
|
years to determine whether a watermaster should be appointed; and |
|
(2) report the findings and make recommendations to |
|
the commission. |
|
(h) The commission shall: |
|
(1) determine the criteria or risk factors to be |
|
considered in an evaluation under Subsection (g); and |
|
(2) include the findings and recommendations under |
|
Subsection (g) in the commission's biennial report to the |
|
legislature. |
|
ARTICLE 6. FUNDING |
|
SECTION 6.01. Section 401.246(a), Health and Safety Code, |
|
is amended to read as follows: |
|
(a) Compact waste disposal fees adopted by the commission |
|
must be sufficient to: |
|
(1) allow the compact waste facility license holder to |
|
recover costs of operating and maintaining the compact waste |
|
disposal facility and a reasonable profit on the operation of that |
|
facility; |
|
(2) provide an amount necessary to meet future costs |
|
of decommissioning, closing, and postclosure maintenance and |
|
surveillance of the compact waste disposal facility and the compact |
|
waste disposal facility portion of the disposal facility site; |
|
(3) provide an amount to fund local public projects |
|
under Section 401.244; |
|
(4) provide a reasonable rate of return on capital |
|
investment in the facilities used for management or disposal of |
|
compact waste at the compact waste disposal facility; [and] |
|
(5) provide an amount necessary to pay compact waste |
|
disposal facility licensing fees, to pay compact waste disposal |
|
facility fees set by rule or statute, and to provide security for |
|
the compact waste disposal facility as required by the commission |
|
under law and commission rules; and |
|
(6) provide an amount necessary to support the |
|
activities of the Texas Low-Level Radioactive Waste Disposal |
|
Compact Commission. |
|
SECTION 6.02. Subchapter F, Chapter 401, Health and Safety |
|
Code, is amended by adding Section 401.251 to read as follows: |
|
Sec. 401.251. LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT |
|
COMMISSION ACCOUNT. (a) The low-level radioactive waste disposal |
|
compact commission account is an account in the general revenue |
|
fund. |
|
(b) The commission shall deposit in the account the portion |
|
of the fee collected under Section 401.245 that is calculated to |
|
support the activities of the Texas Low-Level Radioactive Waste |
|
Disposal Compact Commission as required by Section 4.04(4), Texas |
|
Low-Level Radioactive Waste Disposal Compact (Section 403.006 of |
|
this code). |
|
(c) Money in the account may be appropriated only to support |
|
the operations of the Texas Low-Level Radioactive Waste Disposal |
|
Compact Commission. |
|
SECTION 6.03. Sections 5.701(n) and (p), Water Code, are |
|
amended to read as follows: |
|
(n)(1) Each provider of potable water or sewer utility |
|
service shall collect a regulatory assessment from each retail |
|
customer as follows: |
|
(A) A public utility as defined in Section 13.002 |
|
[of this code] shall collect from each retail customer a regulatory |
|
assessment equal to one percent of the charge for retail water or |
|
sewer service. |
|
(B) A water supply or sewer service corporation |
|
as defined in Section 13.002 [of this code] shall collect from each |
|
retail customer a regulatory assessment equal to [one-half of] one |
|
percent of the charge for retail water or sewer service. |
|
(C) A district as defined in Section 49.001 [of
|
|
this code] that provides potable water or sewer utility service to |
|
retail customers shall collect from each retail customer a |
|
regulatory assessment equal to [one-half of] one percent of the |
|
charge for retail water or sewer service. |
|
(2) The regulatory assessment may be listed on the |
|
customer's bill as a separate item and shall be collected in |
|
addition to other charges for utility services. |
|
(3) The [commission shall use the] assessments |
|
collected under this subsection may be appropriated by a rider to |
|
the General Appropriations Act to an agency with duties related to |
|
water and sewer utility regulation solely to pay costs and expenses |
|
incurred by the agency [commission] in the regulation of districts, |
|
water supply or sewer service corporations, and public utilities |
|
under Chapter 13[, Water Code]. |
|
(4) The commission shall annually use a portion of the |
|
assessments to provide on-site technical assistance and training to |
|
public utilities, water supply or sewer service corporations, and |
|
districts. The commission shall contract with others to provide |
|
the services. |
|
(5) The commission by rule may establish due dates, |
|
collection procedures, and penalties for late payment related to |
|
regulatory assessments under this subsection. The executive |
|
director shall collect all assessments from the utility service |
|
providers. |
|
(6) The commission shall assess a penalty against a |
|
municipality with a population of more than 1.5 million that does |
|
not provide municipal water and sewer services in an annexed area in |
|
accordance with Section 43.0565, Local Government Code. A penalty |
|
assessed under this paragraph shall be not more than $1,000 for each |
|
day the services are not provided after March 1, 1998, for areas |
|
annexed before January 1, 1993, or not provided within 4-1/2 years |
|
after the effective date of the annexation for areas annexed on or |
|
after January 1, 1993. A penalty collected under this paragraph |
|
shall be deposited to the credit of the water resource management |
|
account to be used to provide water and sewer service to residents |
|
of the city. |
|
(7) The regulatory assessment does not apply to water |
|
that has not been treated for the purpose of human consumption. |
|
(p) Notwithstanding any other law, fees collected for |
|
deposit to the water resource management account under the |
|
following statutes may be appropriated and used to protect water |
|
resources in this state, including assessment of water quality, |
|
reasonably related to the activities of any of the persons required |
|
to pay a fee under: |
|
(1) Subsection (b), to the extent those fees are paid |
|
by water districts, and Subsections (e), (f), and (n); |
|
(2) [Sections 13.4521 and 13.4522; or
|
|
[(3)] Section 54.037(c); or |
|
(3) Section 367.010, Health and Safety Code. |
|
SECTION 6.04. Subchapter L, Chapter 13, Water Code, is |
|
repealed. |
|
SECTION 6.05. The changes in law made by Section 5.701, |
|
Water Code, as amended by this article, apply only to a fee assessed |
|
on or after January 1, 2012. A fee assessed before January 1, 2012, |
|
is governed by the law in effect at the time the fee was assessed, |
|
and the former law is continued in effect for that purpose. |
|
ARTICLE 7. WATER AND SEWER UTILITIES |
|
SECTION 7.01. Subchapter E, Chapter 13, Water Code, is |
|
amended by adding Section 13.1325 to read as follows: |
|
Sec. 13.1325. ELECTRONIC COPIES OF RATE INFORMATION. On |
|
request, the state agency with jurisdiction over rates charged by |
|
water and sewer utilities shall provide, at a reasonable cost, |
|
electronic copies of all information provided to the agency under |
|
Sections 13.016, 13.043, and 13.187, to the extent that the |
|
information is available electronically and is not confidential. |
|
ARTICLE 8. ABOLITION OF THE ON-SITE WASTEWATER TREATMENT RESEARCH |
|
COUNCIL |
|
SECTION 8.01. The heading to Chapter 367, Health and Safety |
|
Code, is amended to read as follows: |
|
CHAPTER 367. ON-SITE WASTEWATER TREATMENT RESEARCH [COUNCIL] |
|
SECTION 8.02. Section 367.001, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 367.001. DEFINITIONS. In this chapter: |
|
(1) "Commission" means the Texas Commission on |
|
Environmental Quality [Natural Resource Conservation Commission]. |
|
(2) ["Council" means the On-site Wastewater Treatment
|
|
Research Council.
|
|
[(3)] "On-site wastewater treatment system" means a |
|
system of treatment devices or disposal facilities that: |
|
(A) is used for the disposal of domestic sewage, |
|
excluding liquid waste resulting from the processes used in |
|
industrial and commercial establishments; |
|
(B) is located on the site where the sewage is |
|
produced; and |
|
(C) produces not more than 5,000 gallons of waste |
|
a day. |
|
SECTION 8.03. Section 367.007, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 367.007. ADMINISTRATION. (a) [The council is not an
|
|
advisory body to the commission. The commission, at the direction
|
|
of the council, shall implement council decisions.
|
|
[(b)
The council may enter into an interagency contract with
|
|
the commission to provide staff and other administrative support as
|
|
required to improve the quality of wastewater treatment and reduce
|
|
the cost of providing wastewater treatment to consumers.
|
|
[(c)] The commission [council] may accept grants and |
|
donations from other sources to supplement the fees collected under |
|
Section 367.010. Grants and donations shall be deposited to the |
|
credit of the water resource management [on-site wastewater
|
|
treatment research] account and may be disbursed as the commission |
|
[council] directs and in accordance with Section 367.008. |
|
(b) [(d)] Administrative and facilities support costs are |
|
payable from the water resources management [on-site wastewater
|
|
treatment research] account. |
|
[(e)
The council may award grants and enter into contracts
|
|
in its own name and on its own behalf.] |
|
SECTION 8.04. Section 367.008, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 367.008. AWARD OF COMPETITIVE GRANTS. (a) The |
|
commission [council] shall establish procedures for awarding |
|
competitive grants and disbursing grant money. |
|
(b) The commission [council] may award competitive grants |
|
to: |
|
(1) support applied research and demonstration |
|
projects by accredited colleges and universities in this state, by |
|
other governmental entities, or by acceptable public or private |
|
research centers regarding on-site wastewater treatment technology |
|
and systems applicable to this state that are directed toward |
|
improving the quality of wastewater treatment and reducing the cost |
|
of providing wastewater treatment to consumers; and |
|
(2) enhance technology transfer regarding on-site |
|
wastewater treatment by using educational courses, seminars, |
|
symposia, publications, and other forms of information |
|
dissemination. |
|
(c) The commission shall seek the advice of relevant experts |
|
when choosing research topics, awarding grants, and holding |
|
educational conferences associated with activities under this |
|
chapter. [The council may award grants or make other expenditures
|
|
authorized under this chapter only after the comptroller certifies
|
|
that the on-site wastewater treatment research account contains
|
|
enough money to pay for those expenditures.] |
|
SECTION 8.05. Section 367.009, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 367.009. APPROPRIATIONS. Money collected and |
|
appropriated for the purposes of this chapter shall be disbursed as |
|
the commission [council] directs and in accordance with Section |
|
367.008. |
|
SECTION 8.06. Section 367.010(d), Health and Safety Code, |
|
is amended to read as follows: |
|
(d) The fee proceeds shall be deposited to the credit of the |
|
water resources management [on-site wastewater treatment research] |
|
account. |
|
SECTION 8.07. Sections 367.002, 367.003, 367.004, 367.005, |
|
367.006, and 367.011, Health and Safety Code, are repealed. |
|
SECTION 8.08. (a) On the effective date of this Act, the |
|
Texas Commission on Environmental Quality shall assume the |
|
administration of all grants of the On-site Wastewater Treatment |
|
Research Council in existence on that date. |
|
(b) The Texas Commission on Environmental Quality shall |
|
assume all contracts held by the On-site Wastewater Treatment |
|
Research Council on the effective date of this Act, including all |
|
rights and obligations associated with the contracts. |
|
ARTICLE 9. EFFECTIVE DATE |
|
SECTION 9.01. This Act takes effect September 1, 2011. |