By: Hinojosa S.B. No. 2428
A BILL TO BE ENTITLED
AN ACT
relating to the use of Supplemental Environmental Projects to
protect lands of significant natural resource and hazard mitigation
value.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.067 Water Code, is amended to by
amending Subsection (a) to read as follows:
SUPPLEMENTAL ENVIRONMENTAL PROJECTS. (a) The commission
may compromise, modify, or remit, with or without conditions, an
administrative penalty imposed under this subchapter. In
determining the appropriate amount of a penalty for settlement of
an administrative enforcement matter, the commission may consider a
respondent's willingness to contribute to supplemental
environmental projects that are approved by the commission, giving
preference to projects that benefit the community in which the
alleged violation occurred. The commission may encourage the
cleanup of contaminated property through the use of supplemental
environmental projects. The commission may approve a supplemental
environmental project with activities in territory of the United
Mexican States if the project substantially benefits territory in
this state in a manner described by Subsection (b). The commission,
as a response to and in an effort to the prevent loss of human life,
the significant damage to property, and the substantial public and
private cleanup costs associated with natural disasters caused by
flooding and storm surges, shall develop supplemental
environmental project guidance that encourages projects to acquire
lands that provide both significant natural resource and hazard
mitigation value against future natural catastrophe. In
implementing the effort to acquire and protect property with
significant natural resource and hazard mitigation value, the
commission may not restrict participation in a supplemental
environmental project due to the environmental media or program
under which the enforcement action or violation occurred.
The commission may not approve a project that is necessary to
bring a respondent into compliance with environmental laws, that is
necessary to remediate environmental harm caused by the
respondent's alleged violation, or that the respondent has already
agreed to perform under a preexisting agreement with a governmental
agency.
SECTION 2. No later than 120 days after the effective date
of this Act, the Texas Commission of Environmental Quality will
publish program guidance to conform with this Act.
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, 2009.