By: Zwiener H.B. No. 1820
A BILL TO BE ENTITLED
AN ACT
relating to the regulation, monitoring, and enforcement of matters
under the jurisdiction of the Texas Commission on Environmental
Quality; authorizing the assessment or increase of civil and
administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 374.252(b) and (c), Health and Safety
Code, are amended to read as follows:
(b) If a registration fee is not paid on or before the 30th
day after the date the fee is due, the commission may assess for
each day the fee is not paid a penalty not to exceed $50 per day or
the amount published under Section 7.0522, Water Code [for each day
the fee is not paid].
(c) If a registration application for an operating dry
cleaning facility or drop station is not filed with the commission
on or before the 30th day after the date the application is due, the
commission may assess for each day the application is not filed a
penalty not to exceed $50 per day or the amount published under
Section 7.0522, Water Code [for each day the application is not
filed].
SECTION 2. Section 382.0215(b), Health and Safety Code, is
amended to read as follows:
(b) The commission shall require the owner or operator of a
regulated entity that experiences emissions events:
(1) to maintain a record of all emissions events at the
regulated entity in the manner and for the periods prescribed by
commission rule;
(2) to notify the commission in a single report for
each emissions event, as soon as practicable but not later than 24
hours after discovery of the emissions event, of an emissions event
resulting in the emission of a reportable quantity of air
contaminants as determined by commission rule; and
(3) to report to the commission in a single report for
each emissions event, not later than two weeks after the occurrence
of an emissions event that results in the emission of a reportable
quantity of air contaminants as determined by commission rule, all
information necessary to evaluate the emissions event, including:
(A) the name of the owner or operator of the
reporting regulated entity;
(B) the location of the reporting regulated
entity expressed in terms of longitude and latitude;
(C) the date and time the emissions began;
(D) the duration of the emissions;
(E) the nature and measured or estimated quantity
of air contaminants emitted, including the method of calculation
of, or other basis for determining, the quantity of air
contaminants emitted;
(F) the processes and equipment involved in the
emissions event;
(G) the cause of the emissions; and
(H) any additional information necessary to
evaluate the emissions event.
SECTION 3. Section 382.0216, Health and Safety Code, is
amended by adding Subsections (k), (l), and (m) to read as follows:
(k) The commission by rule shall provide for the imposition
of permit conditions that establish a:
(1) maximum number of emissions events that may occur
in a year before the commission will temporarily revoke the
facility's permit or take another enforcement action; and
(2) maximum volume of emissions events, expressed in
terms of a percentage of permitted emissions, that may occur in a
year before the commission will temporarily revoke the facility's
permit or take another enforcement action.
(l) The commission shall enforce rules concerning emissions
events by means of civil or administrative penalties or by
injunctive relief as provided by Chapter 7, Water Code. The
commission may not exempt excess emissions from penalties or
injunctive relief.
(m) The commission shall develop and implement policies to
limit the cumulative effects of emissions from maintenance,
startups, and shutdowns of facilities. The fact that a facility
does not exceed a threshold established under this subsection may
not be considered as evidence of good faith or a lack of effect on
environmental or public health.
SECTION 4. Subchapter B, Chapter 382, Health and Safety
Code, is amended by adding Section 382.0217 to read as follows:
Sec. 382.0217. EXCESSIVE EMISSIONS EVENTS PENALTY. (a) In
this section, "emissions event" and "regulated entity" have the
meanings assigned by Section 382.0215.
(b) In addition to any other penalty assessed by the
commission for an emissions event, the owner or operator of a
regulated entity that reports an emissions event shall pay to the
commission a mandatory penalty of not less than $1 per pound of each
pollutant released that:
(1) exceeds an authorized emission limit for the
pollutant; or
(2) is not authorized by any permit, permit by rule, or
regulation.
(c) In assessing penalties for an excessive emissions
event, the commission may assess penalties based on individual
pollutants that exceeded the owner's or operator's permit.
SECTION 5. The heading to Section 505.017, Health and
Safety Code, is amended to read as follows:
Sec. 505.017. NOTICE ISSUED UNDER EMERGENCIES; TOXIC
CHEMICAL EMERGENCY ALERT SYSTEM.
SECTION 6. Section 505.017, Health and Safety Code, is
amended by adding Subsections (c), (d), (e), (f), and (g) to read as
follows:
(c) If the responsible state agency determines that a
release will substantially endanger human health or the
environment, the agency shall, not later than 30 minutes after
making the determination, notify persons in the area in which the
facility is located of the release using the alert system
established under Subsection (d). When the agency determines a
release is no longer a threat to human health or the environment,
the agency shall notify persons using the alert system.
(d) The state emergency response commission shall develop
and maintain a toxic chemical emergency alert system to notify
persons in the area in which the facility is located of a release
that will substantially endanger human health or the environment.
The commission may partner with other state agencies in developing
the alert system and shall allow persons to register for a preferred
method of, and preferred language for, receiving a message under
the alert system. In developing the alert system, the commission
may use as a model the alert systems established by Subchapter L,
Chapter 411, Government Code, and Section 51.854, Water Code. The
alert system must allow a person the option of not receiving the
alerts on the person's notification to the commission.
(e) The toxic chemical emergency alert system must:
(1) provide notification through reverse 9-1-1 calls,
text messages, e-mails, social media, and other instant messaging
systems; and
(2) allow the state agency providing the notification
to modify the notification based on:
(A) the distance of the release to the person
receiving the notification; and
(B) the projected movement of the release.
(f) An alert issued by the toxic chemical emergency alert
system must include:
(1) each area affected by the release, including a
geographic display of the severity of the threat posed by the
release;
(2) a link to an Internet website or other message
system that maintains current information on each affected area;
(3) a link to an Internet website or other message
system that describes a symptom of any illness caused by the release
that may require emergency medical treatment;
(4) the chemicals involved in and toxicity of the
release;
(5) the projected movement of the release; and
(6) instructions for protection from exposure to the
release or for reducing exposure to the release.
(g) The state emergency response commission shall review
and modify the toxic chemical emergency alert system, as
appropriate, every four years.
SECTION 7. Section 7.052, Water Code, is amended by
amending Subsections (a), (b), (b-1), (b-2), (b-4), (c), and (d)
and adding Subsection (b-5) to read as follows:
(a) The amount of the penalty for each [a] violation of
Chapter 37 of this code, Chapter 366, 371, or 372, Health and Safety
Code, or Chapter 1903, Occupations Code, may not exceed the greater
of $5,000 a day or the amount per day published under Section 7.0521
[for each violation].
(b) Except as provided by Subsection (b-3), the amount of
the penalty for operating a rock crusher or a concrete plant that
performs wet batching, dry batching, or central mixing, that is
required to obtain a permit under Section 382.0518, Health and
Safety Code, and that is operating without the required permit is
the greater of $10,000 or the amount published under Section
7.0521. Each day that a continuing violation occurs is a separate
violation.
(b-1) The amount of the penalty assessed against a
manufacturer that does not label its computer equipment or covered
television equipment or adopt and implement a recovery plan as
required by Section 361.955, 361.975, or 361.978, Health and Safety
Code, as applicable, may not exceed the greater of $10,000 for the
second violation, [or] $25,000 for each subsequent violation, or
the amount published under Section 7.0521. A penalty under this
subsection is in addition to any other penalty that may be assessed
for a violation of Subchapter Y or Z, Chapter 361, Health and Safety
Code.
(b-2) Except as provided by Subsection (b-1), the amount of
the penalty for a violation of Subchapter Y or Z, Chapter 361,
Health and Safety Code, may not exceed $1,000 for the second
violation, [or] $2,000 for each subsequent violation, or the amount
published under Section 7.0521. A penalty under this subsection is
in addition to any other penalty that may be assessed for a
violation of Subchapter Y or Z, Chapter 361, Health and Safety Code.
(b-4) Except as provided by Subsection (b-5), the [The]
amount of the penalty against a facility operator who violates
Chapter 505, Health and Safety Code, or a rule adopted or order
issued under that chapter, for each day a violation continues, may
not exceed $500 a day or the amount per day published under Section
7.0521 [for each day a violation continues] with a total for each
violation not to exceed $5,000 or the total amount published under
Section 7.0521 [for each violation]. Except as provided by
Subsection (b-5), the [The] amount of a penalty against a facility
operator who violates Chapter 506 or 507, Health and Safety Code, or
a rule adopted or order issued under those chapters, for each day a
violation continues, may not exceed $50 a day or the amount per day
published under Section 7.0521 [for each day a violation continues]
with a total for each violation not to exceed $1,000 or the total
amount published under Section 7.0521 [for each violation].
(b-5) The amount of a penalty assessed under Subsection (b-
4) must be tripled if a first responder is injured as a result of
exposure to hazardous material while responding to an incident at
the facility that is the subject of the penalty.
(c) The amount of the penalty for each [all] other violation
[violations] within the jurisdiction of the commission to enforce
may not exceed $50,000 [$25,000] a day or the amount per day
published under Section 7.0521 [for each violation].
(d) Except as provided by Subsection (b), each day that a
continuing violation occurs shall [may] be considered a separate
violation. The commission may authorize an installment payment
schedule for an administrative penalty assessed under this
subchapter, except for an administrative penalty assessed under
Section 7.057.
SECTION 8. Subchapter C, Chapter 7, Water Code, is amended
by adding Sections 7.0521 and 7.0522 to read as follows:
Sec. 7.0521. INCREASE OF AMOUNT OF PENALTY FOR CERTAIN
VIOLATIONS. Notwithstanding Section 7.052, Section 7.0525, or any
other provision of law, the commission may increase the amount of a
penalty assessed under this subchapter by an amount not to exceed 50
percent of the maximum authorized penalty if the alleged violator
has a history of previous violations.
Sec. 7.0522. INFLATION ADJUSTMENT OF AMOUNT OF CERTAIN
PENALTIES. (a) The commission annually shall compute and publish a
dollar amount to reflect inflation for the penalty amounts in:
(1) Section 7.052; and
(2) Section 7.103.
(b) In making the computation under Subsection (a), the
commission shall consider the Consumer Price Index for All Urban
Consumers, or its successor in function, published by the United
States Bureau of Labor Statistics.
(c) The commission shall use 2021 as the base year and
adjust the dollar amounts, effective on September 1 of each year.
(d) The commission shall make available to the public
information regarding adjustments made under this section.
(e) The commission may adopt rules as necessary to
administer this section.
SECTION 9. Sections 7.0525(a) and (b), Water Code, are
amended to read as follows:
(a) Except as provided by Subsection (b), the amount of the
penalty for a violation of Section 374.252, Health and Safety Code,
may not exceed $5,000 or the amount published under Section 7.0521.
(b) The amount of the penalty for a violation of Section
374.252(a)(3), Health and Safety Code, may not exceed $10,000 or
the amount published under Section 7.0521.
SECTION 10. Section 7.102, Water Code, is amended to read as
follows:
Sec. 7.102. MAXIMUM PENALTY. (a) A person who causes,
suffers, allows, or permits a violation of a statute, rule, order,
or permit relating to Chapter 37 of this code, Chapter 366, 371, or
372, Health and Safety Code, Subchapter G, Chapter 382, Health and
Safety Code, or Chapter 1903, Occupations Code, shall be assessed
for each day of each violation a civil penalty, as the court or jury
considers proper:
(1) of not less than $50 nor greater than $5,000; or
(2) in the amount per day published under Section
7.0522 [for each day of each violation as the court or jury
considers proper].
(b) A person who causes, suffers, allows, or permits a
violation of a statute, rule, order, or permit relating to any other
matter within the commission's jurisdiction to enforce, other than
violations of Chapter 11, 12, 13, 16, or 36 of this code, or Chapter
341, Health and Safety Code, shall be assessed for each day of each
violation a civil penalty, as the court or jury considers proper:
(1) of not less than $100 [$50] nor greater than
$50,000 [$25,000]; or
(2) in the amount per day published under Section
7.0522 [for each day of each violation as the court or jury
considers proper].
(c) Each day of a continuing violation is a separate
violation.
SECTION 11. Section 7.1021, Water Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Subsection (a-1), a [A] person who
knowingly discloses false information or negligently fails to
disclose a hazard as required by Chapter 505 or 506, Health and
Safety Code, is subject to a civil penalty of not more than $5,000
for each violation.
(a-1) The amount of a penalty assessed under Subsection (a)
must be tripled if a first responder is injured as a result of
exposure to hazardous material while responding to an incident at
the facility that is the subject of the penalty.
SECTION 12. Section 7.103, Water Code, is amended to read as
follows:
Sec. 7.103. CONTINUING VIOLATIONS. (a) If it is shown on a
trial of a defendant that the defendant has previously been
assessed a civil penalty for a violation of a statute within the
commission's jurisdiction or a rule adopted or an order or a permit
issued under such a statute within the year before the date on which
the violation being tried occurred, the defendant shall be assessed
a civil penalty:
(1) of not less than $200 [$100] nor greater than
$50,000 [$25,000] for each subsequent day and for each subsequent
violation; or
(2) in the amount per day published under Section
7.0521.
(b) Each day of a continuing violation is a separate
violation.
SECTION 13. Section 7.105, Water Code, is amended by adding
Subsection (d) to read as follows:
(d) A penalty recovered under this section is additional to
any penalty assessed by the commission.
SECTION 14. Section 7.302, Water Code, is amended by adding
Subsection (c) to read as follows:
(c) After notice and hearing, the commission shall revoke,
suspend, or revoke and reissue a permit or exemption if a violation
of a term or condition of the permit causes a catastrophic event
that results in the death or serious injury of an individual.
SECTION 15. Sections 382.0216(f) and (h), Health and Safety
Code, are repealed.
SECTION 16. Sections 374.252 and 382.0216, Health and
Safety Code, as amended by this Act, apply only to an enforcement
action initiated by the Texas Commission on Environmental Quality
on or after the effective date of this Act. An enforcement action
initiated before the effective date of this Act is governed by the
law in effect immediately before the effective date of this Act, and
the former law is continued in effect for that purpose.
SECTION 17. Section 382.0217, Health and Safety Code, as
added by this Act, applies only to an emissions event that occurs on
or after the effective date of this Act. An emissions event that
occurs before that date is governed by the law in effect on the date
the emissions event occurred, and the former law is continued in
effect for that purpose.
SECTION 18. Not later than January 1, 2023, the state
emergency response commission, as defined in Section 505.004,
Health and Safety Code, shall establish the toxic chemical
emergency alert system as required by Section 505.017, Health and
Safety Code, as amended by this Act.
SECTION 19. Sections 7.052, 7.0525, 7.102, 7.1021, 7.103,
7.105, and 7.302, Water Code, as amended by this Act, and Sections
7.0521 and 7.0522, Water Code, as added by this Act, apply only to a
violation that occurs on or after the effective date of this Act.
For purposes of this section, a violation occurs before the
effective date of this Act if any element of the violation occurs
before that date.
SECTION 20. This Act takes effect September 1, 2021.