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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Texas Commission on Environmental |
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Quality to approve certain supplemental environmental projects |
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undertaken by local governments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.067, Water Code, is amended to read as |
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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 |
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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, 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 if the respondent |
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is a local government. |
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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 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |