Texas House Bill HB2198

Texas 2011 - 82nd Regular

• Introduced: 3/4/11
• Refer: 3/10/11

Caption

Relating to administrative penalties for air quality violations.

Impact

The proposed changes in HB 2198 are significant as they allow for increased regulatory flexibility regarding penalties for air quality violations. By allowing the TCEQ to impose daily penalties for ongoing violations and for each type of pollutant, this bill effectively aims to deter violations more effectively. The bill is expected to lead to heightened compliance among businesses and entities that release pollutants into the air, potentially resulting in improved air quality standards throughout Texas. All violations occurring on or after the bill's effective date will be governed by these new provisions.

Summary

House Bill 2198 addresses the administrative penalties imposed for air quality violations in Texas. The bill amends Section 7.052 of the Water Code, which clarifies that each day a continuing violation occurs may be treated as a separate violation. This amendment means that for violations of Chapter 382 of the Health and Safety Code, the Texas Commission on Environmental Quality (TCEQ) may assess separate penalties for each type of pollutant emitted in violation of those standards. The goal of the bill is to strengthen enforcement measures related to air quality and hold violators accountable for persistent infractions.

Sentiment

The sentiment surrounding HB 2198 appears to be generally supportive among environmental advocacy groups and constituents concerned about air quality. Proponents argue that the bill is a necessary step in strengthening the state's ability to manage environmental issues and protect public health. Conversely, there may be some apprehension from industries that could face increased financial liabilities as a result of stricter penalties, leading to concerns about the economic impact on businesses involved in activities that contribute to air pollution.

Contention

While HB 2198 seems to have broad support for its environmental impact, there are concerns regarding the potential for overly punitive measures against businesses. Some stakeholders may argue that the increased penalties could lead to financial burdens that might threaten the viability of smaller enterprises or those facing challenges in meeting regulated standards. The bill represents a pivotal point in the ongoing conversation about balancing environmental protection with economic development and industry viability in Texas.