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AN ACT
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relating to the use of supplemental environmental projects by a |
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local government to come into compliance with environmental laws or |
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remediate environmental harm caused by the local government. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 7.067(a-1) and (a-2), Water Code, are |
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amended to read as follows: |
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(a-1) For a respondent that is a local government, the [The] |
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commission: |
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(1) may approve a supplemental environmental project |
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that is necessary to bring the [a] respondent into compliance with |
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environmental laws or that is necessary to remediate environmental |
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harm caused by the local government's [respondent's] alleged |
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violation; and |
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(2) shall approve a supplemental environmental |
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project described by Subdivision (1) if the local government: |
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(A) has not previously committed a violation at |
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the same site with the same underlying cause in the preceding five |
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years, as documented in a commission order; and |
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(B) did not agree, before the date that the |
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commission initiated the enforcement action, to perform the project |
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[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)(1) [Subsection (a-1)], including a requirement for an |
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assessment of: |
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(1) the respondent's financial ability to pay |
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administrative penalties; |
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(2) the ability of the respondent to remediate the |
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harm or come into compliance; and |
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(3) the need for corrective action. |
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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, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 394 passed the Senate on |
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April 9, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 394 passed the House on |
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May 27, 2015, by the following vote: Yeas 144, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |