Texas Senate Bill SB394

Texas 2015 - 84th Regular

Caption

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.

Impact

The legislation is expected to facilitate a structured approach for local governments navigating compliance with environmental laws. It mandates the Texas Commission on Environmental Quality (TCEQ) to approve SEPs that are crucial for bringing local governments into compliance. Additionally, the bill enforces conditions under which these projects must be approved, including a history of compliance within the past five years and an assessment of financial capacity to pay penalties or execute remediation plans. This could potentially lessen the burden on local governments by allowing them to take actionable steps toward compliance rather than relying solely on penalties.

Summary

Senate Bill 394 focuses on the use of supplemental environmental projects (SEPs) by local governments as a means to comply with environmental laws or to rectify environmental damage caused by their actions. This bill amends specific sections of the Texas Water Code, delineating how local governments can engage in SEPs when they face enforcement actions for alleged violations. The intent behind SB394 is to provide local governments with an avenue to remediate environmental issues while also encouraging compliance with state regulations.

Sentiment

The sentiment surrounding SB394 appears to be largely positive among proponents who believe it provides a necessary framework for local governments to address environmental compliance. Supporters argue that rather than strictly penalizing local entities, providing them the option to remediate via SEPs is a more constructive approach. However, there may also be concerns from environmental advocacy groups about ensuring that SEPs do not become an easier path for local governments to evade direct penalties or accountability for past violations.

Contention

While SB394 is aimed at promoting environmental compliance, there are notable points of contention regarding its implementation and potential misuse. Critics may argue that without stringent oversight, local governments could exploit SEPs to avoid adequate penalties. The bill addresses this concern by requiring an assessment of a local government's financial ability and necessity for corrective action before approval of SEPs. The balance of providing leniency while ensuring accountability will be a critical aspect of the bill’s reception and success.