Relating to penalty assessment for violations of the Texas Clean Air Act committed by major sources.
Impact
The changes proposed in SB457 are expected to enhance the enforcement of the Texas Clean Air Act by tying penalties directly to the economic advantages that violators realize through non-compliance. By doing this, the legislation underscores the importance of accountability among major sources, which could lead to improved compliance with environmental standards across the state. Additionally, the bill specifies that each day of a continuing violation is considered a separate infraction, suggesting a more rigorous approach to penalty assessment.
Summary
SB457 is legislation that amends penalties for violations of the Texas Clean Air Act committed by major sources. Specifically, the bill introduces a new section in the Water Code which stipulates that for violations committed by major sources required to obtain permits, the Texas Commission on Environmental Quality (TCEQ) must assess penalties that are at least equal to the financial benefits gained from the violations. This aims to ensure that there are deterrents in place for such infractions and to reflect the true costs of environmental violations.
Contention
One notable point of contention surrounding SB457 may be the potential burden it could place on businesses classified as major sources. Critics may argue that the increased financial penalties could disproportionately affect certain industries, especially smaller businesses that might struggle with compliance costs. Proponents, however, would likely defend the bill as a necessary step to protect public health and the environment, emphasizing that it aims to discourage practices that contribute to pollution and environmental degradation.
Relating to the regulation, monitoring, and enforcement of matters under the jurisdiction of the Texas Commission on Environmental Quality; authorizing the assessment or increase of civil and administrative penalties.
Relating to the imposition of administrative, civil, and criminal penalties for violating certain statutes under the jurisdiction of, rules or orders adopted by, or licenses, permits, or certificates issued by the Railroad Commission of Texas; increasing criminal penalties.
Relating to the denial of certain applications for a permit or other authorization under the Texas Clean Air Act on the basis of adverse environmental justice impacts.