BILL ANALYSIS
C.S.S.B. 1385
By: Hancock
Natural Resources
Committee Report (Substituted)
BACKGROUND AND PURPOSE
C.S.S.B. 1385 improves public access to information and procedures related to enforcement actions by the Texas Commission on Environmental Quality (TCEQ).
C.S.S.B. 1385 allows complaints and notices filed with TCEQ to be filed electronically and published on its website. Additionally, the bill clarifies the process for giving notice to and receiving assent from entities participating in TCEQ's groundwater protection programs.
C.S.S.B. 1385 is a logical approach to using technology to keep the public better informed about, and active in, environmental cleanup in Texas.
C.S.S.B. 1385 amends current law relating to notification procedures regarding the TCEQ.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the Texas Commission on Environmental Quality in SECTION 3 of this bill.
ANALYSIS
SECTION 1. Amends Subdivision (1), Section 7.001, Water Code, as follows:
(1) Defines "commission" to mean the Texas Commission on Environmental Quality, rather than the Texas Natural Resource Conservation Commission.
SECTION 2. Amends Section 7.003, Water Code, by adding Subsection (d) as follows:
(d) Requires the Texas Commission on Environmental Quality (TCEQ) to publish each report required under Subsection (a) on TCEQ’s Internet website not later than the 15th day before the date of any meeting of TCEQ for which public notice is given.
SECTION 3. Amends Section 7.056, Water Code, as follows:
Sec. 7.056. CONSENT. Authorizes the person charged, not later than the 30th, rather than 20th, day after the date on which notice is received, to give to TCEQ written or electronic consent, rather than written consent alone, to the executive director's report, including the recommended penalty, or make a written or electronic request, rather than written request alone, for a hearing.
SECTION 4. Amends Section 7.060, Water Code, as follows:
Sec. 7.060. NOTICE OF PENALTY. Requires TCEQ, if TCEQ is required to give notice of a penalty under Section 7.057 or 7.059, to publish notice of its decision in the Texas Register and on TCEQ’s Internet website, rather than in the Texas Register alone, not later than the 10th day after the date on which the decision is adopted.
SECTION 5. Amends Subsection (a), Section 7.075, Water Code, as follows:
(a) Requires TCEQ, before TCEQ approves an administrative order or proposed agreement to settle an administrative enforcement action initiated under this subchapter to which TCEQ is a party, to allow the public to comment in writing on the proposed order or agreement. Requires notice of the opportunity to comment to be published in the Texas Register and on TCEQ’s Internet website, rather than in the Texas Register alone, not later than the 30th day before the date on which the public comment period closes.
SECTION 6. Amends Subsection (b), Section 7.110, Water Code, as follows:
(b) Requires notice of the opportunity to comment to be published in the Texas Register and on TCEQ’s Internet website, rather than in the Texas Register alone, not later than the 30th day before the date on which the public comment period closes.
SECTION 7. Amends Section 7.305, Water Code, as follows:
Sec. 7.305. PROCEDURES. Requires TCEQ by rule to establish procedures for public notice and any public hearing under this subchapter. Requires that the procedures:
(1) provide for notice to a county that issued a license, certificate, or registration that is the subject of the hearing; and
(2) require notice to be posted on TCEQ’s Internet website.
SECTION 8. Amends Section 7.355, Water Code, as follows:
Sec. 7.355. COMPLAINTS. In the case of a violation of Chapter 401, Health and Safety Code, a local government or person affected may file with TCEQ a written or electronic complaint, rather than a written complaint alone, and may request an investigation of an alleged violation by a person who holds a permit subject to TCEQ’s jurisdiction.
SECTION 9. Amends Section 7.357, Water Code, as follows:
Sec. 7.357. PROSECUTION. Authorizes a local government or, in the case of a violation of Chapter 401, Health and Safety Code, a person affected as defined in that chapter to bring suit in the county in which the alleged violation occurred or is about to occur, if TCEQ does not have a suit filed before the 121st day after the date on which the written or electronic complaint, rather than written complaint alone, is filed under Section 7.355.
SECTION 10. Amends Subdivisions (2) and (4), Section 26.001, Water Code, as follows:
(2) Defines "commission" to mean the Texas Commission on Environmental Quality, rather than the Texas Natural Resource Conservation Commission.
(4) Defines "executive director" to mean the executive director of the Texas Commission on Environmental Quality, rather than the Texas Natural Resource Conservation Commission.
SECTION 11. Amends Subsection (b), Section 26.022, Water Code, as follows:
(b) Requires notice of the hearing to be published on TCEQ’s Internet website and at least once in a newspaper, rather than published at least once in a newspaper alone, regularly published or circulated in each county where, by virtue of the county's geographical relation to the subject matter of the hearing, TCEQ has reason to believe persons reside who may be affected by the action that may be taken as a result of the hearing. Requires the date of the publication to be not less than 20 days before the date set for the hearing.
SECTION 12. Amends Subsection (a), Section 26.025, Water Code, as follows:
(a) Requires TCEQ to provide notice of a hearing under Section 26.024 of this code by publishing the notice in the Texas Register and on TCEQ’s Internet website, rather than in the Texas Register alone.
SECTION 13. Amends Section 26.026, Water Code, as follows:
Sec. 26.026. STANDARDS TO BE PUBLISHED. Requires TCEQ to publish on its Internet website, rather than to public alone, its water quality standards and amendments and to make copies available to the public on written request.
SECTION 14. Amends Section 26.342, Water Code, by adding Subdivision (2-a) as follows:
(2-a) Defines "closure letter" to mean a letter issued by TCEQ that states that, based on the information available, TCEQ agrees that corrective action has been completed for the referenced release in accordance with TCEQ requirements.
SECTION 15. Amends Section 26.3465, Water Code, as follows:
Sec. 26.3465. FAILURE OR REFUSAL TO PROVIDE PROOF OF REGISTRATION OR CERTIFICATION OF COMPLIANCE. Provides that an owner or operator of an underground storage tank who fails or refuses to provide, before the 21st day after the date of receipt of a, rather than on, request of TCEQ, proof of registration of or certification of compliance for an underground storage tank is liable for a civil penalty under Subchapter D, Chapter 7.
SECTION 16. Amends Subsection (k), Section 26.3512, Water Code, as follows:
(k) Requires an owner or operator of a site for which a closure letter has been issued under Section 26.3572 to pay under Subsection (b)(1) not more than the first $50,000, rather than the first $50,000 alone, of expenses for corrective action for each occurrence.
SECTION 17. Amends Subsection (f), Section 26.352, Water Code, as follows:
(f) Requires TCEQ to enforce this section and authorizes TCEQ to impose administrative and civil penalties on the owners or operators of underground storage tanks if acceptable evidence of financial responsibility is not maintained. Prohibits the amount of an administrative or civil penalty imposed under this subsection from being less than the annual cost, as estimated by TCEQ, of maintaining the minimum insurance coverage required in the State of Texas, rather than the minimum insurance coverage required alone, for the tank as determined under Subsection (c).
SECTION 18. Amends Section 26.3572, Water Code, by adding Subsections (e), (f), and (g) as follows:
(e) Requires TCEQ to give notice of its decision to approve or disapprove a site assessment under this section not later than the 10th day after the date on which the decision is adopted.
(f) Prohibits TCEQ from issuing a closure letter under Subsection (b) for a site at which a responsible party is conducting corrective action until the owner or operator submits a signed statement certifying that the requirements of the corrective action plan have been accomplished. Prohibits a party other than TCEQ, once a closure letter has been issued, from seeking penalties or enforcement against the responsible party for the acts or events that are the subject of the closure letter except to enforce the terms of the closure letter. Provides that this subsection does not apply to sites at which TCEQ is conducting corrective action.
(g) Requires TCEQ, if an owner or operator of a site submits to TCEQ a signed certification under Subsection (f), to notify the state senator and state representative in whose district the site lies of that certification.
SECTION 19. Amends Section 26.362, Water Code, as follows:
Sec. 26.362. SUIT TO TEST VALIDITY OF CLOSURE LETTER. Provides that TCEQ is immune from liability in any action against TCEQ to test the validity of a closure letter issued under Section 26.3572 if the letter is issued in accordance with that section and TCEQ rules, rather than in accordance with TCEQ rules alone.
SECTION 20. Provides for the effective date of this Act.
EFFECTIVE DATE
This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house; otherwise, this Act takes effect September 1, 2013.
COMPARISON OF ORIGINAL TO SUBSTITUTE
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INTRODUCED
SECTION 1. Subdivision (1), Section 7.001, Water Code, is amended to read as follows: (1) "Commission"
means the Texas [
SECTION 2. Section 7.003, Water Code, is amended by adding Subsection (d) to read as follows: (d) The commission shall publish each report required under Subsection (a) on the commission's Internet website not later than the 15th day before the date of any meeting of the commission for which public notice is given.
SECTION 3. Section 7.056, Water Code, is amended to read as follows: Sec. 7.056. CONSENT.
Not later than the 30th [
SECTION 4. Section 7.060, Water Code, is amended to read as follows: Sec. 7.060. NOTICE OF PENALTY. If the commission is required to give notice of a penalty under Section 7.057 or 7.059, the commission shall publish notice of its decision in the Texas Register and on the commission's Internet website not later than the 10th day after the date on which the decision is adopted.
SECTION 5. Subsection (a), Section 7.075, Water Code, is amended to read as follows: (a) Before the commission approves an administrative order or proposed agreement to settle an administrative enforcement action initiated under this subchapter to which the commission is a party, the commission shall allow the public to comment in writing on the proposed order or agreement. Notice of the opportunity to comment shall be published in the Texas Register and on the commission's Internet website not later than the 30th day before the date on which the public comment period closes.
SECTION 6. Subsection (b), Section 7.110, Water Code, is amended to read as follows: (b) Notice of the opportunity to comment shall be published in the Texas Register and on the commission's Internet website not later than the 30th day before the date on which the public comment period closes.
SECTION 7. Section 7.305, Water Code, is amended to read as follows: Sec. 7.305. PROCEDURES. The commission by rule shall establish procedures for public notice and any public hearing under this subchapter. The procedures shall: (1) provide for notice to a county that issued a license, certificate, or registration that is the subject of the hearing; and (2) require notice to be posted on the commission's Internet website.
SECTION 8. Section 7.355, Water Code, is amended to read as follows: Sec. 7.355. COMPLAINTS. In the case of a violation of Chapter 401, Health and Safety Code, a local government or person affected may file with the commission a written or electronic complaint and may request an investigation of an alleged violation by a person who holds a permit subject to the commission's jurisdiction.
SECTION 9. Section 7.357, Water Code, is amended to read as follows: Sec. 7.357. PROSECUTION. A local government or, in the case of a violation of Chapter 401, Health and Safety Code, a person affected as defined in that chapter may bring suit in the county in which the alleged violation occurred or is about to occur, if the commission does not have a suit filed before the 121st day after the date on which the written or electronic complaint is filed under Section 7.355.
SECTION 10. Subdivision (2), Section 26.001, Water Code, is amended to read as follows: (2) "Commission"
means the Texas [
SECTION 11. Subsection (b), Section 26.022, Water Code, is amended to read as follows: (b) Notice of the hearing shall be published on the commission's Internet website and at least once in a newspaper regularly published or circulated in each county where, by virtue of the county's geographical relation to the subject matter of the hearing, the commission has reason to believe persons reside who may be affected by the action that may be taken as a result of the hearing. The date of the publication shall be not less than 20 days before the date set for the hearing.
SECTION 12. Subsection (a), Section 26.025, Water Code, is amended to read as follows: (a) The commission shall provide notice of a hearing under Section 26.024 of this code by publishing the notice in the Texas Register and on the commission's Internet website.
SECTION 13. Section 26.026, Water Code, is amended to read as follows: Sec. 26.026. STANDARDS TO BE PUBLISHED. The commission shall publish on its Internet website its water quality standards and amendments and shall make copies available to the public on written request.
No equivalent provision.
SECTION 14. Section 26.3465, Water Code, is amended to read as follows: Sec. 26.3465. FAILURE
OR REFUSAL TO PROVIDE PROOF OF REGISTRATION OR CERTIFICATION OF COMPLIANCE.
An owner or operator of an underground storage tank who fails or refuses to
provide, before the 21st day after [
SECTION 15. Subsection (k), Section 26.3512, Water Code, is amended to read as follows: (k) An owner or operator of a site for which a closure letter has been issued under Section 26.3572 shall pay under Subsection (b)(1) not more than the first $50,000 of expenses for corrective action for each occurrence.
SECTION 16. Subsection (f), Section 26.352, Water Code, is amended to read as follows: (f) The commission shall enforce this section and may impose administrative and civil penalties on the owners or operators of underground storage tanks if acceptable evidence of financial responsibility is not maintained. The amount of an administrative or civil penalty imposed under this subsection may not be less than the annual cost, as estimated by the commission, of maintaining the minimum insurance coverage required in the State of Texas for the tank as determined under Subsection (c).
SECTION 17. Section 26.3572, Water Code, is amended by adding Subsections (e), (f), and (g) to read as follows: (e) The commission shall give notice of its decision to approve or disapprove a site assessment under this section not later than the 10th day after the date on which the decision is adopted. (f) The commission may not issue a closure letter under Subsection (b) for a site at which a responsible party is conducting corrective action until the owner or operator submits a signed statement certifying that the requirements of the corrective action plan have been accomplished.
This subsection does not apply to sites at which the commission is conducting corrective action. (g) If an owner or operator of a site submits to the commission a signed certification under Subsection (f), the commission shall notify the state senator and state representative in whose district the site lies of that certification.
SECTION 18. Section 26.362, Water Code, is amended to read as follows: Sec. 26.362. SUIT TO TEST VALIDITY OF CLOSURE LETTER. The commission is immune from liability in any action against the commission to test the validity of a closure letter issued under Section 26.3572 if the letter is issued in accordance with that section and commission rules.
SECTION 19. Subsection (b), Section 26.408, Water Code, is amended to read as follows: (b) Not later than the 30th day after the date the commission receives notice under Subsection (a) or obtains independent knowledge of groundwater contamination, the commission shall post the notice on its Internet website and shall make every effort to give notice of the contamination by first class mail to each owner of a private drinking water well that may be affected by the contamination and to each applicable groundwater conservation district.
SECTION 20. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.
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HOUSE COMMITTEE SUBSTITUTE
SECTION 1. Same as introduced version.
SECTION 2. Same as introduced version.
SECTION 3. Same as introduced version.
SECTION 4. Same as introduced version.
SECTION 5. Same as introduced version.
SECTION 6. Same as introduced version.
SECTION 7. Same as introduced version.
SECTION 8. Same as introduced version.
SECTION 9. Same as introduced version.
SECTION 10. Subdivisions (2) and (4), Section 26.001, Water Code, are amended to read as follows: (2) "Commission"
means the Texas [ (4) "Executive director" means the executive
director of the Texas [
SECTION 11. Same as introduced version.
SECTION 12. Same as introduced version.
SECTION 13. Same as introduced version.
SECTION 14. Section 26.342, Water Code, is amended by adding Subdivision (2-a) to read as follows: (2-a) "Closure letter" means a letter issued by the commission that states that, based on the information available, the commission agrees that corrective action has been completed for the referenced release in accordance with commission requirements.
SECTION 15. Section 26.3465, Water Code, is amended to read as follows: Sec. 26.3465. FAILURE
OR REFUSAL TO PROVIDE PROOF OF REGISTRATION OR CERTIFICATION OF COMPLIANCE.
An owner or operator of an underground storage tank who fails or refuses to
provide, before the 21st day after the
date of receipt of a [
SECTION 16. Same as introduced version.
SECTION 17. Same as introduced version.
SECTION 18. Section 26.3572, Water Code, is amended by adding Subsections (e), (f), and (g) to read as follows: (e) The commission shall give notice of its decision to approve or disapprove a site assessment under this section not later than the 10th day after the date on which the decision is adopted. (f) The commission may not issue a closure letter under Subsection (b) for a site at which a responsible party is conducting corrective action until the owner or operator submits a signed statement certifying that the requirements of the corrective action plan have been accomplished. Once a closure letter has been issued, a party other than the commission may not seek penalties or enforcement against the responsible party for the acts or events that are the subject of the closure letter except to enforce the terms of the closure letter. This subsection does not apply to sites at which the commission is conducting corrective action. (g) If an owner or operator of a site submits to the commission a signed certification under Subsection (f), the commission shall notify the state senator and state representative in whose district the site lies of that certification.
SECTION 19. Same as introduced version.
No equivalent provision.
SECTION 20. Same as introduced version.
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