| 3 | 4 | | |
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| 4 | 5 | | |
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| 5 | 6 | | A BILL TO BE ENTITLED |
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| 6 | 7 | | AN ACT |
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| 7 | 8 | | relating to supplemental environmental projects implemented by |
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| 8 | 9 | | certain local governments in lieu of administrative penalties |
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| 9 | 10 | | assessed by the Texas Commission on Environmental Quality. |
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| 10 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 12 | | SECTION 1. The heading to Section 7.067, Water Code, is |
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| 12 | 13 | | amended to read as follows: |
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| 13 | 14 | | Sec. 7.067. SUPPLEMENTAL ENVIRONMENTAL PROJECTS IN |
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| 14 | 15 | | GENERAL. |
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| 15 | 16 | | SECTION 2. Subchapter C, Chapter 7, Water Code, is amended |
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| 16 | 17 | | by adding Section 7.0671 to read as follows: |
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| 17 | 18 | | Sec. 7.0671. SUPPLEMENTAL ENVIRONMENTAL PROJECTS |
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| 18 | 19 | | IMPLEMENTED BY CERTAIN LOCAL GOVERNMENTS. (a) In this section, |
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| 19 | 20 | | "local government" and "supplemental environmental project" have |
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| 20 | 21 | | the meanings assigned by Section 7.067. |
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| 21 | 22 | | (b) Notwithstanding Section 7.067(a-1), the commission |
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| 22 | 23 | | shall approve a supplemental environmental project described by |
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| 23 | 24 | | that subsection in lieu of payment of an administrative penalty |
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| 24 | 25 | | under this subchapter if the respondent is: |
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| 25 | 26 | | (1) a county with a population of less than 50,000; or |
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| 26 | 27 | | (2) another local government any part of the territory |
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| 27 | 28 | | of which is located in a county described by Subdivision (1). |
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| 28 | 29 | | (c) If the cost of a supplemental environmental project |
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| 29 | 30 | | under this section is less than the amount of the penalty in lieu of |
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| 30 | 31 | | which the project is to be implemented, the respondent, in addition |
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| 31 | 32 | | to implementing the project, shall spend an amount equal to the |
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| 32 | 33 | | difference between the cost of the project and the amount of the |
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| 33 | 34 | | penalty in upgrading the facility at which the violation for which |
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| 34 | 35 | | the penalty was assessed occurred. |
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| 35 | 36 | | (d) A policy developed under Section 7.067(a-2) does not |
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| 36 | 37 | | apply to a respondent to which this section applies. |
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| 37 | 38 | | SECTION 3. This Act takes effect immediately if it receives |
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| 38 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 42 | | Act takes effect September 1, 2015. |
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