Texas 2019 - 86th Regular

Texas House Bill HB4116 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R25751 SLB-D
2	2		By: Zwiener H.B. No. 4116
	3	+	Substitute the following for H.B. No. 4116:
	4	+	By: Lozano C.S.H.B. No. 4116
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to a voluntary financial assurance program for permit
8	10		holders under the Texas Pollutant Discharge Elimination System.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subchapter B, Chapter 26, Water Code, is amended
11	13		by adding Section 26.054 to read as follows:
12	14		Sec. 26.054. VOLUNTARY FINANCIAL ASSURANCE PROGRAM. (a)
13	15		In this section, "permit holder" means the holder of a permit to
14	16		discharge effluent into any body of water under the NPDES.
15	17		(b) The commission shall establish a program to allow a
16	18		permit holder to deposit with the commission an amount of money or
17	19		evidence of equivalent financial assurance to be held by the
18	20		commission to be used in the event the permit holder causes a
19	21		discharge that violates the terms of the agreement described by
20	22		Subsection (c).
21	23		(c) The program established under this section shall
22	24		require an agreement between the permit holder and interested
23	25		parties in the community affected by the facility or proposed
24	26		facility. The agreement may be entered into at any time before the
25	27		issuance of the relevant NPDES permit. An agreement under this
26	28		subsection:
27	29		(1) must include provisions allowing for the
28	30		cancellation of the agreement and return of the financial assurance
29	31		to the permit holder in the event that a party that is not a party to
30	32		the agreement seeks to demand a contested case regarding the NPDES
31	33		permit that is the subject of the agreement;
32	34		(2) may only include provisions that restrict
33	35		discharge that specify:
34	36		(A) the amount of discharge allowed;
35	37		(B) the frequency of discharge allowed; and
36	38		(C) the minimum flow that must be present in
37	39		order for a discharge to be allowed; and
38	40		(3) must include:
39	41		(A) the total amount of financial assurance; and
40	42		(B) specific amounts to be deducted if the permit
41	43		holder violates a provision of the agreement.
42	44		(d) The commission shall adopt rules necessary to implement
43	45		the program created under this section, including establishing the
44	46		types of financial assurance to be deposited under Subsection (b),
45	47		including:
46	48		(1) payment bonds; and
47	49		(2) letters of credit.
48	50		(e) The duration of the financial assurance under
49	51		Subsection (d) must extend at least for the duration of the term of
50	52		the discharge permit held by the permit holder, including any
51	53		amendment.
52	54		(f) If the permit holder does not comply with the terms of
53	55		the agreement, money may be withdrawn from the financial assurance
54	56		according to commission rule. The money shall be deposited to the
55	57		credit of the Texas water resources fund for use in the green
56	58		project reserve program administered by the board.
57	59		(g) A party to an agreement under this section that is not a
58	60		permit holder is an affected person for the purpose of Section
59	61		26.028. Notwithstanding any other law, and in accordance with
60	62		NPDES program requirements, the renewal of an NPDES permit that is
61	63		the subject of an agreement under this section may be the subject of
62	64		a contested case hearing, including an agreement under which a
63	65		complete drawdown of the financial assurance has occurred.
64	66		SECTION 2. This Act takes effect September 1, 2019.