| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to the use of supplemental environmental projects by a |
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| 8 | 6 | | local government to come into compliance with environmental laws or |
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| 9 | 7 | | remediate environmental harm caused by the local government. |
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| 10 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 9 | | SECTION 1. Sections 7.067(a-1) and (a-2), Water Code, are |
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| 12 | 10 | | amended to read as follows: |
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| 13 | 11 | | (a-1) For a respondent that is a local government, the [The] |
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| 14 | 12 | | commission: |
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| 15 | 13 | | (1) may approve a supplemental environmental project |
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| 16 | 14 | | that is necessary to bring the [a] respondent into compliance with |
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| 17 | 15 | | environmental laws or that is necessary to remediate environmental |
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| 18 | 16 | | harm caused by the local government's [respondent's] alleged |
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| 19 | 17 | | violation; and |
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| 20 | 18 | | (2) shall approve a supplemental environmental |
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| 21 | 19 | | project described by Subdivision (1) if the local government: |
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| 22 | 20 | | (A) has not previously committed a violation at |
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| 23 | 21 | | the same site with the same underlying cause in the preceding five |
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| 24 | 22 | | years, as documented in a commission order; and |
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| 25 | 23 | | (B) did not agree, before the date that the |
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| 26 | 24 | | commission initiated the enforcement action, to perform the project |
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| 27 | 25 | | [if the respondent is a local government]. |
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| 28 | 26 | | (a-2) The commission shall develop a policy to prevent |
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| 29 | 27 | | regulated entities from systematically avoiding compliance through |
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| 30 | 28 | | the use of supplemental environmental projects under Subsection |
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| 31 | 29 | | (a-1)(1) [Subsection (a-1)], including a requirement for an |
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| 32 | 30 | | assessment of: |
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| 33 | 31 | | (1) the respondent's financial ability to pay |
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| 34 | 32 | | administrative penalties; |
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| 35 | 33 | | (2) the ability of the respondent to remediate the |
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| 36 | 34 | | harm or come into compliance; and |
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| 37 | 35 | | (3) the need for corrective action. |
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| 38 | 36 | | SECTION 2. This Act takes effect immediately if it receives |
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| 39 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 40 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 41 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 42 | 40 | | Act takes effect September 1, 2015. |
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| 41 | + | ______________________________ ______________________________ |
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| 42 | + | President of the Senate Speaker of the House |
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| 43 | + | I hereby certify that S.B. No. 394 passed the Senate on |
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| 44 | + | April 9, 2015, by the following vote: Yeas 31, Nays 0. |
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| 45 | + | ______________________________ |
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| 46 | + | Secretary of the Senate |
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| 47 | + | I hereby certify that S.B. No. 394 passed the House on |
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| 48 | + | May 27, 2015, by the following vote: Yeas 144, Nays 0, two |
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| 49 | + | present not voting. |
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| 50 | + | ______________________________ |
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| 51 | + | Chief Clerk of the House |
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| 52 | + | Approved: |
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| 53 | + | ______________________________ |
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| 54 | + | Date |
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| 55 | + | ______________________________ |
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| 56 | + | Governor |
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