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A BILL TO BE ENTITLED
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AN ACT
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relating to supplemental environmental projects implemented by |
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certain local governments in lieu of administrative penalties |
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assessed by the Texas Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 7.067, Water Code, is |
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amended to read as follows: |
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Sec. 7.067. SUPPLEMENTAL ENVIRONMENTAL PROJECTS IN |
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GENERAL. |
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SECTION 2. Subchapter C, Chapter 7, Water Code, is amended |
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by adding Section 7.0671 to read as follows: |
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Sec. 7.0671. SUPPLEMENTAL ENVIRONMENTAL PROJECTS |
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IMPLEMENTED BY CERTAIN LOCAL GOVERNMENTS. (a) In this section, |
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"local government" and "supplemental environmental project" have |
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the meanings assigned by Section 7.067. |
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(b) Notwithstanding Section 7.067(a-1), the commission |
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shall approve a supplemental environmental project described by |
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that subsection in lieu of payment of an administrative penalty |
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under this subchapter if the respondent is: |
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(1) a county with a population of less than 50,000; or |
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(2) another local government any part of the territory |
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of which is located in a county described by Subdivision (1). |
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(c) If the cost of a supplemental environmental project |
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under this section is less than the amount of the penalty in lieu of |
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which the project is to be implemented, the respondent, in addition |
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to implementing the project, shall spend an amount equal to the |
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difference between the cost of the project and the amount of the |
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penalty in upgrading the facility at which the violation for which |
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the penalty was assessed occurred. |
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(d) A policy developed under Section 7.067(a-2) does not |
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apply to a respondent to which this section applies. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |