Texas Senate Bill SB364

Texas 2021 - 87th Regular

Caption

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

Impact

If enacted, SB364 would directly influence the enforcement landscape within Texas by changing the legal framework that provides defenses for alleged unauthorized emissions. This shift could lead to stricter penalties for violations and may reduce the grounds on which individuals and entities can contest enforcement actions taken by TCEQ. The new legislation would only apply to enforcement actions initiated after the effective date of the bill, ensuring that existing cases are governed by the previous law.

Summary

SB364 is a legislative proposal concerning affirmative defenses for enforcement actions initiated by the Texas Commission on Environmental Quality (TCEQ) related to unauthorized emissions or opacity events. The bill seeks to repeal certain sections of the Health and Safety Code that currently govern these defenses, specifically sections 382.0216(f) and (h), as well as 382.051962(c) and (d). By altering these provisions, the bill aims to potentially reshape how TCEQ handles enforcement against parties accused of violating environmental regulations regarding emissions and opacity standards.

Contention

Discussions surrounding SB364 may highlight concerns about environmental protection and corporate compliance. Proponents of the bill assert that these changes will enhance the state's ability to manage air quality and emissions effectively. However, critics might argue that repealing affirmative defenses could deter businesses from operating in Texas due to increased regulatory risks, potentially leading to economic implications. The tension between environmental regulation and business interests is likely to be a significant focal point in debates over the bill.