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