| 1 | 1 | | By: Hinojosa S.B. No. 2428 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the use of Supplemental Environmental Projects to |
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| 7 | 7 | | protect lands of significant natural resource and hazard mitigation |
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| 8 | 8 | | value. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 7.067 Water Code, is amended to by |
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| 11 | 11 | | amending Subsection (a) to read as follows: |
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| 12 | 12 | | SUPPLEMENTAL ENVIRONMENTAL PROJECTS. (a) The commission |
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| 13 | 13 | | may compromise, modify, or remit, with or without conditions, an |
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| 14 | 14 | | administrative penalty imposed under this subchapter. In |
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| 15 | 15 | | determining the appropriate amount of a penalty for settlement of |
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| 16 | 16 | | an administrative enforcement matter, the commission may consider a |
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| 17 | 17 | | respondent's willingness to contribute to supplemental |
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| 18 | 18 | | environmental projects that are approved by the commission, giving |
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| 19 | 19 | | preference to projects that benefit the community in which the |
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| 20 | 20 | | alleged violation occurred. The commission may encourage the |
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| 21 | 21 | | cleanup of contaminated property through the use of supplemental |
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| 22 | 22 | | environmental projects. The commission may approve a supplemental |
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| 23 | 23 | | environmental project with activities in territory of the United |
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| 24 | 24 | | Mexican States if the project substantially benefits territory in |
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| 25 | 25 | | this state in a manner described by Subsection (b). The commission, |
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| 26 | 26 | | as a response to and in an effort to the prevent loss of human life, |
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| 27 | 27 | | the significant damage to property, and the substantial public and |
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| 28 | 28 | | private cleanup costs associated with natural disasters caused by |
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| 29 | 29 | | flooding and storm surges, shall develop supplemental |
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| 30 | 30 | | environmental project guidance that encourages projects to acquire |
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| 31 | 31 | | lands that provide both significant natural resource and hazard |
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| 32 | 32 | | mitigation value against future natural catastrophe. In |
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| 33 | 33 | | implementing the effort to acquire and protect property with |
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| 34 | 34 | | significant natural resource and hazard mitigation value, the |
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| 35 | 35 | | commission may not restrict participation in a supplemental |
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| 36 | 36 | | environmental project due to the environmental media or program |
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| 37 | 37 | | under which the enforcement action or violation occurred. |
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| 38 | 38 | | The commission may not approve a project that is necessary to |
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| 39 | 39 | | bring a respondent into compliance with environmental laws, that is |
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| 40 | 40 | | necessary to remediate environmental harm caused by the |
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| 41 | 41 | | respondent's alleged violation, or that the respondent has already |
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| 42 | 42 | | agreed to perform under a preexisting agreement with a governmental |
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| 43 | 43 | | agency. |
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| 44 | 44 | | SECTION 2. No later than 120 days after the effective date |
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| 45 | 45 | | of this Act, the Texas Commission of Environmental Quality will |
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| 46 | 46 | | publish program guidance to conform with this Act. |
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| 47 | 47 | | SECTION 3. This Act takes effect immediately if it receives |
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| 48 | 48 | | a vote of two-thirds of all the members elected to each house, as |
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| 49 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 50 | 50 | | Act does not receive the vote necessary for immediate effect, this |
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| 51 | 51 | | Act takes effect September 1, 2009. |
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