82R3980 KJM-D
By: Gallegos S.B. No. 673
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Texas Commission on Environmental
Quality to approve certain supplemental environmental projects
undertaken by local governments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.067, Water Code, is amended to read as
follows:
Sec. 7.067. 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).
Except as provided by Subsection (a-1), the [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.
(a-1) The commission may approve a supplemental
environmental 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 if the respondent
is a local government.
(b) In this section:
(1) "Local government" means a school district,
county, municipality, junior college district, river authority,
water district or other special district, or other political
subdivision created under the constitution or a statute of this
state.
(2) "Supplemental [, "supplemental] environmental
project" means a project that prevents pollution, reduces the
amount of pollutants reaching the environment, enhances the quality
of the environment, or contributes to public awareness of
environmental matters.
SECTION 2. 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, 2011.