Texas Senate Bill SB2175

Texas 2019 - 86th Regular

Caption

Relating to affirmative defenses for a Texas Commission on Environmental Quality enforcement action for unauthorized emission or opacity events.

Impact

The introduction of SB2175 is a significant change to the regulatory landscape surrounding environmental compliance in Texas. By allowing for affirmative defenses, the bill could shift the burden of proof regarding emissions violations, potentially providing relief to industries that face enforcement actions. It could enable organizations to demonstrate compliance more readily under certain conditions, thus impacting the penalties and actions taken against them by TCEQ. The bill is particularly relevant for industrial entities that are frequently subject to environmental scrutiny, providing them a possible avenue to mitigate enforcement concerns.

Summary

SB2175 relates to creating affirmative defenses for enforcement actions initiated by the Texas Commission on Environmental Quality (TCEQ) concerning unauthorized emissions or opacity events. The bill proposes to repeal certain sections of the Health and Safety Code that currently govern the enforcement actions of TCEQ. The legislation aims to provide specific defenses that can be utilized during enforcement actions, potentially altering how such compliance issues are handled in the state, particularly for entities facing TCEQ actions regarding air quality violations.

Contention

There are notable points of contention surrounding SB2175. Critics may raise concerns about the potential weakening of environmental protections, arguing that such affirmative defenses could encourage non-compliance or delay necessary actions against violations. Supporters, on the other hand, might advocate for the bill, arguing that it introduces necessary legal protections for businesses that strive to operate within environmental standards while under pressure from regulatory actions. The discussions around the bill reflect broader tensions between economic development interests and environmental enforcement priorities in Texas.