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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 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 only to study and evaluate |
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electronic access to geologic data and surface casing depths under |
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Section 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. 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 2.05. 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 commission |
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issues to the applicant for the permit [provides to the railroad
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commission] a letter of determination [from the executive director] |
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stating that drilling and operating the anthropogenic carbon |
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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 2.06. Section 5.701(r), Water Code, is repealed. |
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SECTION 2.07. (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 |
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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 5.753, Water Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (d-1) to |
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read as follows: |
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(a) Consistent with other law and the requirements |
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necessary to maintain federal program authorization, the |
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commission by rule shall develop a method [uniform standard] for |
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evaluating compliance history that ensures consistency in the |
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evaluation. In developing the method, the commission may account |
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for differences among regulated entities. |
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(b) The components of compliance history must include: |
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(1) except for orders described by Subsection |
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(d-1)(2), enforcement orders, court judgments, consent decrees, |
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and criminal convictions of this state and the federal government |
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relating to compliance with applicable legal requirements under the |
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jurisdiction of the commission or the United States Environmental |
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Protection Agency; |
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(2) notwithstanding any other provision of this code, |
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orders issued under Section 7.070; |
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(3) to the extent readily available to the commission, |
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enforcement orders, court judgments, and criminal convictions |
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relating to violations of environmental laws of other states; and |
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(4) changes in ownership. |
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(d-1) The components of compliance history may include: |
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(1) information related to the complexity of the |
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regulated entity, including: |
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(A) the complexity of the regulatory |
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requirements applicable to the entity; and |
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(B) the severity of the consequences of |
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noncompliance by the entity; |
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(2) enforcement orders issued without penalties, |
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shutdown orders, or other punitive sanctions; and |
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(3) any other positive compliance factors related to |
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the regulated entity. |
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SECTION 4.02. Section 5.754(d), Water Code, is amended to |
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read as follows: |
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(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 |
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an entity's eligibility for participation in a program that |
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requires a high level of compliance. |
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SECTION 4.03. Subchapter A, Chapter 7, Water Code, is |
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amended by adding Section 7.006 to read as follows: |
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Sec. 7.006. ENFORCEMENT POLICIES. (a) The commission by |
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rule shall adopt a general enforcement policy that describes the |
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commission's approach to enforcement. |
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(b) The commission shall assess, update, and publicly adopt |
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specific enforcement policies regularly, including policies |
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regarding the calculation of penalties. |
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(c) The commission shall make the policies available to the |
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public, including by posting the policies on the commission's |
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Internet website. |
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SECTION 4.04. Sections 7.052(a) and (c), Water Code, are |
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amended to read as follows: |
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(a) The amount of the penalty for a violation of Chapter 37 |
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of this code, Chapter 366, 371, or 372, Health and Safety Code, or |
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Chapter 1903, Occupations Code, may not be less than $50 or greater |
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than $5,000 [exceed $2,500] a day for each violation. |
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(c) The amount of the penalty for all other violations |
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within the jurisdiction of the commission to enforce may not be less |
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than $50 or greater than $25,000 [exceed $10,000] a day for each |
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violation. |
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SECTION 4.05. Section 7.067, Water Code, is amended to read |
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as follows: |
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Sec. 7.067. SUPPLEMENTAL ENVIRONMENTAL PROJECTS. (a) The |
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commission may compromise, modify, or remit, with or without |
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conditions, an administrative penalty imposed under this |
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subchapter. In determining the appropriate amount of a penalty for |
|
settlement of an administrative enforcement matter, the commission |
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may consider a respondent's willingness to contribute to |
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supplemental environmental projects that are approved by the |
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commission, giving preference to projects that benefit the |
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community in which the alleged violation occurred. The commission |
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may encourage the cleanup of contaminated property through the use |
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of supplemental environmental projects. The commission may approve |
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a supplemental environmental project with activities in territory |
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of the United Mexican States if the project substantially benefits |
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territory in this state in a manner described by Subsection (b). |
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Except as provided by Subsection (a-1), the [The] commission may |
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not approve a project that is necessary to bring a respondent into |
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compliance with environmental laws, that is necessary to remediate |
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environmental harm caused by the respondent's alleged violation, or |
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that the respondent has already agreed to perform under a |
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preexisting agreement with a governmental agency. |
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(a-1) The commission may approve a supplemental |
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environmental project that is necessary to bring a respondent into |
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compliance with environmental laws or that is necessary to |
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remediate environmental harm caused by the respondent's alleged |
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violation if the respondent is a local government. |
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(a-2) The commission shall develop a policy to prevent |
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regulated entities from systematically avoiding compliance through |
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the use of supplemental environmental projects under Subsection |
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(a-1), including rules requiring an assessment of: |
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(1) the entity's financial ability to pay |
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administrative penalties; |
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(2) the ability of the entity to remediate the harm or |
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come into compliance; and |
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(3) the need for corrective action. |
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(b) In this section: |
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(1) "Local government" means a school district, |
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county, municipality, junior college district, river authority, |
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water district or other special district, or other political |
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subdivision created under the constitution or a statute of this |
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state. |
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(2) "Supplemental [, "supplemental] environmental |
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project" means a project that prevents pollution, reduces the |
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amount of pollutants reaching the environment, enhances the quality |
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of the environment, or contributes to public awareness of |
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environmental matters. |
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SECTION 4.06. Section 13.4151(a), Water Code, is amended to |
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read as follows: |
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(a) If a person, affiliated interest, or entity subject to |
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the jurisdiction of the commission violates this chapter or a rule |
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or order adopted under this chapter, the commission may assess a |
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penalty against that person, affiliated interest, or entity as |
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provided by this section. The penalty may be in an amount not less |
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than $100 or greater than $5,000 [to exceed $500] a day. Each day a |
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violation continues may be considered a separate violation. |
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SECTION 4.07. Section 26.3467, Water Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) A person may not deliver any regulated substance into an |
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underground storage tank regulated under this chapter unless the |
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underground storage tank has been issued a valid, current |
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underground storage tank registration and certificate of |
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compliance under Section 26.346. The commission may impose an |
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administrative penalty against a person who violates this |
|
subsection. The commission shall adopt rules as necessary to |
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enforce this subsection. |
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SECTION 4.08. Section 26.351, Water Code, is amended by |
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adding Subsections (c-1) and (c-2) to read as follows: |
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(c-1) The commission may undertake corrective action to |
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remove an underground or aboveground storage tank that: |
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(1) is not in compliance with the requirements of this |
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chapter; |
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(2) is out of service; |
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(3) presents a contamination risk; and |
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(4) is owned or operated by a person who is financially |
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unable to remediate the tank. |
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(c-2) The commission shall adopt rules to implement |
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Subsection (c-1), including rules regarding: |
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(1) the determination of the financial ability of the |
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tank owner or operator to remediate the tank; and |
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(2) the assessment of the potential risk of |
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contamination from the site. |
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SECTION 4.09. Section 26.3573(d), Water Code, is amended to |
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read as follows: |
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(d) The commission may use the money in the petroleum |
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storage tank remediation account to pay: |
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(1) necessary expenses associated with the |
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administration of the petroleum storage tank remediation account |
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and the groundwater protection cleanup program; |
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(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 |
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expenses are incurred by the commission or pursuant to a contract |
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between a contractor and an eligible owner or operator as |
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authorized by this subchapter; |
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(3) subject to the conditions of Subsection (f), |
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expenses associated with investigation, cleanup, or corrective |
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action measures performed in response to a release or threatened |
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release of hydraulic fluid or spent oil from hydraulic lift systems |
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or tanks located at a vehicle service and fueling facility and used |
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as part of the operations of that facility; [and] |
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(4) expenses associated with assuring compliance with |
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the commission's applicable underground or aboveground storage |
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tank administrative and technical requirements, including |
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technical assistance and support, inspections, enforcement, and |
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the provision of matching funds for grants; and |
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(5) expenses associated with investigation, cleanup, |
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or corrective action measures performed under Section 26.351(c-1). |
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SECTION 4.10. Section 26.3574, Water Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) A fee is imposed on the delivery of a petroleum product |
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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: |
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(1) not more than $3.75 for each delivery into a cargo |
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tank having a capacity of less than 2,500 gallons [for the state
|
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fiscal year beginning September 1, 2007, through the state fiscal
|
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year ending August 31, 2011]; |
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(2) not more than $7.50 for each delivery into a cargo |
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tank having a capacity of 2,500 gallons or more but less than 5,000 |
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gallons [for the state fiscal year beginning September 1, 2007,
|
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through the state fiscal year ending August 31, 2011]; |
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(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,
|
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through the state fiscal year ending August 31, 2011]; |
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(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,
|
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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
|
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beginning September 1, 2007, through the state fiscal year ending
|
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August 31, 2011]. |
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(b-1) The commission by rule shall set the amount of the fee |
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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 4.11. (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 |
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effective date of this Act. |
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ARTICLE 5. WATER RIGHTS |
|
SECTION 5.01. Section 11.031, Water Code, is amended by |
|
adding Subsections (d), (e), and (f) 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). |
|
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. |
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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 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 only to the |
|
commission or to the Public Utility Commission of Texas 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. |
|
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. The |
|
state agency with jurisdiction over rates charged by water and |
|
sewer utilities shall provide to a ratepayer, at a reasonable cost |
|
to the ratepayer, electronic copies of information provided to the |
|
agency under Sections 13.016, 13.043, and 13.187, to the extent |
|
that the information is available and 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 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. |