By: Perry S.B. No. 394
A BILL TO BE ENTITLED
AN ACT
relating to the use of supplemental environmental projects by a
local government to come into compliance with environmental laws or
remediate environmental harm caused by the local government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 7.067(a-1) and (a-2), Water Code, are
amended to read as follows:
(a-1) For a respondent that is a local government, the [The]
commission:
(1) may approve a supplemental environmental project
that is necessary to bring the [a] respondent into compliance with
environmental laws or that is necessary to remediate environmental
harm caused by the local government's [respondent's] alleged
violation; and
(2) shall approve a supplemental environmental
project described by Subdivision (1) if the local government:
(A) has not previously committed a violation at
the same site with the same underlying cause in the preceding five
years, as documented in a commission order; and
(B) did not agree, before the date that the
commission initiated the enforcement action, to perform the project
[if the respondent is a local government].
(a-2) The commission shall develop a policy to prevent
regulated entities from systematically avoiding compliance through
the use of supplemental environmental projects under Subsection
(a-1)(1) [Subsection (a-1)], including a requirement for an
assessment of:
(1) the respondent's financial ability to pay
administrative penalties;
(2) the ability of the respondent to remediate the
harm or come into compliance; and
(3) the need for corrective action.
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, 2015.