Texas 2021 - 87th Regular

Texas House Bill HB1820 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R20091 JAM-F
2	1		By: Zwiener H.B. No. 1820
3		-	Substitute the following for H.B. No. 1820:
4		-	By: Goodwin C.S.H.B. No. 1820
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the regulation, monitoring, and enforcement of matters
10	7		under the jurisdiction of the Texas Commission on Environmental
11	8		Quality; authorizing the assessment or increase of civil and
12	9		administrative penalties.
13	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	11		SECTION 1. Sections 374.252(b) and (c), Health and Safety
15	12		Code, are amended to read as follows:
16	13		(b) If a registration fee is not paid on or before the 30th
17	14		day after the date the fee is due, the commission may assess for
18	15		each day the fee is not paid a penalty not to exceed $50 per day or
19	16		the amount published under Section 7.0522, Water Code [for each day
20	17		the fee is not paid].
21	18		(c) If a registration application for an operating dry
22	19		cleaning facility or drop station is not filed with the commission
23	20		on or before the 30th day after the date the application is due, the
24	21		commission may assess for each day the application is not filed a
25	22		penalty not to exceed $50 per day or the amount published under
26	23		Section 7.0522, Water Code [for each day the application is not
27	24		filed].
28	25		SECTION 2. Section 382.0215(b), Health and Safety Code, is
29	26		amended to read as follows:
30	27		(b) The commission shall require the owner or operator of a
31	28		regulated entity that experiences emissions events:
32	29		(1) to maintain a record of all emissions events at the
33	30		regulated entity in the manner and for the periods prescribed by
34	31		commission rule;
35	32		(2) to notify the commission in a single report for
36	33		each emissions event, as soon as practicable but not later than 24
37	34		hours after discovery of the emissions event, of an emissions event
38	35		resulting in the emission of a reportable quantity of air
39	36		contaminants as determined by commission rule; and
40	37		(3) to report to the commission in a single report for
41	38		each emissions event, not later than two weeks after the occurrence
42	39		of an emissions event that results in the emission of a reportable
43	40		quantity of air contaminants as determined by commission rule, all
44	41		information necessary to evaluate the emissions event, including:
45	42		(A) the name of the owner or operator of the
46	43		reporting regulated entity;
47	44		(B) the location of the reporting regulated
48	45		entity expressed in terms of longitude and latitude;
49	46		(C) the date and time the emissions began;
50	47		(D) the duration of the emissions;
51	48		(E) the nature and measured or estimated quantity
52	49		of air contaminants emitted, including the method of calculation
53	50		of, or other basis for determining, the quantity of air
54	51		contaminants emitted;
55	52		(F) the processes and equipment involved in the
56	53		emissions event;
57	54		(G) the cause of the emissions; and
58	55		(H) any additional information necessary to
59	56		evaluate the emissions event.
60		-	SECTION 3. Subchapter B, Chapter 382, Health and Safety
	57	+	SECTION 3. Section 382.0216, Health and Safety Code, is
	58	+	amended by adding Subsections (k), (l), and (m) to read as follows:
	59	+	(k) The commission by rule shall provide for the imposition
	60	+	of permit conditions that establish a:
	61	+	(1) maximum number of emissions events that may occur
	62	+	in a year before the commission will temporarily revoke the
	63	+	facility's permit or take another enforcement action; and
	64	+	(2) maximum volume of emissions events, expressed in
	65	+	terms of a percentage of permitted emissions, that may occur in a
	66	+	year before the commission will temporarily revoke the facility's
	67	+	permit or take another enforcement action.
	68	+	(l) The commission shall enforce rules concerning emissions
	69	+	events by means of civil or administrative penalties or by
	70	+	injunctive relief as provided by Chapter 7, Water Code. The
	71	+	commission may not exempt excess emissions from penalties or
	72	+	injunctive relief.
	73	+	(m) The commission shall develop and implement policies to
	74	+	limit the cumulative effects of emissions from maintenance,
	75	+	startups, and shutdowns of facilities. The fact that a facility
	76	+	does not exceed a threshold established under this subsection may
	77	+	not be considered as evidence of good faith or a lack of effect on
	78	+	environmental or public health.
	79	+	SECTION 4. Subchapter B, Chapter 382, Health and Safety
61	80		Code, is amended by adding Section 382.0217 to read as follows:
62		-	Sec. 382.0217. STUDY ON EXCESSIVE EMISSIONS EVENTS PENALTY.
63		-	(a) In this section, "emissions event" and "regulated entity" have
64		-	the meanings assigned by Section 382.0215.
65		-	(b) The commission shall conduct a study on the efficacy of
66		-	imposing on the owner or operator of a regulated entity that reports
67		-	an emissions event a penalty of not less than $1 per pound of each
68		-	pollutant classified under Subsection (c) released that:
	81	+	Sec. 382.0217. EXCESSIVE EMISSIONS EVENTS PENALTY. (a) In
	82	+	this section, "emissions event" and "regulated entity" have the
	83	+	meanings assigned by Section 382.0215.
	84	+	(b) In addition to any other penalty assessed by the
	85	+	commission for an emissions event, the owner or operator of a
	86	+	regulated entity that reports an emissions event shall pay to the
	87	+	commission a mandatory penalty of not less than $1 per pound of each
	88	+	pollutant released that:
69	89		(1) exceeds an authorized emission limit for the
70	90		pollutant; or
71	91		(2) is not authorized by any permit, permit by rule, or
72	92		regulation.
73		-	(c) The commission shall assess which pollutants to include
74		-	in penalties described under Subsection (b) based on risks posed
75		-	to:
76		-	(1) human health;
77		-	(2) public safety; and
78		-	(3) environmental health.
79		-	(d) The commission shall examine the potential effects of
80		-	the penalty described under Subsection (b), including:
81		-	(1) the potential to improve compliance amongst
82		-	operators; and
83		-	(2) anticipated costs to facilities as a result of
84		-	penalties described under Subsection (b).
85		-	(e) Not later than March 1, 2022, the commission shall
86		-	prepare and submit to the governor, the lieutenant governor, and
87		-	the legislature a report on the findings of the study.
88		-	(f) This section expires September 1, 2027.
89		-	SECTION 4. Section 7.052, Water Code, is amended by
90		-	amending Subsections (a), (b), (b-1), (b-2), (b-4), and (c) and
91		-	adding Subsection (b-5) to read as follows:
	93	+	(c) In assessing penalties for an excessive emissions
	94	+	event, the commission may assess penalties based on individual
	95	+	pollutants that exceeded the owner's or operator's permit.
	96	+	SECTION 5. The heading to Section 505.017, Health and
	97	+	Safety Code, is amended to read as follows:
	98	+	Sec. 505.017. NOTICE ISSUED UNDER EMERGENCIES; TOXIC
	99	+	CHEMICAL EMERGENCY ALERT SYSTEM.
	100	+	SECTION 6. Section 505.017, Health and Safety Code, is
	101	+	amended by adding Subsections (c), (d), (e), (f), and (g) to read as
	102	+	follows:
	103	+	(c) If the responsible state agency determines that a
	104	+	release will substantially endanger human health or the
	105	+	environment, the agency shall, not later than 30 minutes after
	106	+	making the determination, notify persons in the area in which the
	107	+	facility is located of the release using the alert system
	108	+	established under Subsection (d). When the agency determines a
	109	+	release is no longer a threat to human health or the environment,
	110	+	the agency shall notify persons using the alert system.
	111	+	(d) The state emergency response commission shall develop
	112	+	and maintain a toxic chemical emergency alert system to notify
	113	+	persons in the area in which the facility is located of a release
	114	+	that will substantially endanger human health or the environment.
	115	+	The commission may partner with other state agencies in developing
	116	+	the alert system and shall allow persons to register for a preferred
	117	+	method of, and preferred language for, receiving a message under
	118	+	the alert system. In developing the alert system, the commission
	119	+	may use as a model the alert systems established by Subchapter L,
	120	+	Chapter 411, Government Code, and Section 51.854, Water Code. The
	121	+	alert system must allow a person the option of not receiving the
	122	+	alerts on the person's notification to the commission.
	123	+	(e) The toxic chemical emergency alert system must:
	124	+	(1) provide notification through reverse 9-1-1 calls,
	125	+	text messages, e-mails, social media, and other instant messaging
	126	+	systems; and
	127	+	(2) allow the state agency providing the notification
	128	+	to modify the notification based on:
	129	+	(A) the distance of the release to the person
	130	+	receiving the notification; and
	131	+	(B) the projected movement of the release.
	132	+	(f) An alert issued by the toxic chemical emergency alert
	133	+	system must include:
	134	+	(1) each area affected by the release, including a
	135	+	geographic display of the severity of the threat posed by the
	136	+	release;
	137	+	(2) a link to an Internet website or other message
	138	+	system that maintains current information on each affected area;
	139	+	(3) a link to an Internet website or other message
	140	+	system that describes a symptom of any illness caused by the release
	141	+	that may require emergency medical treatment;
	142	+	(4) the chemicals involved in and toxicity of the
	143	+	release;
	144	+	(5) the projected movement of the release; and
	145	+	(6) instructions for protection from exposure to the
	146	+	release or for reducing exposure to the release.
	147	+	(g) The state emergency response commission shall review
	148	+	and modify the toxic chemical emergency alert system, as
	149	+	appropriate, every four years.
	150	+	SECTION 7. Section 7.052, Water Code, is amended by
	151	+	amending Subsections (a), (b), (b-1), (b-2), (b-4), (c), and (d)
	152	+	and adding Subsection (b-5) to read as follows:
92	153		(a) The amount of the penalty for each [a] violation of
93	154		Chapter 37 of this code, Chapter 366, 371, or 372, Health and Safety
94	155		Code, or Chapter 1903, Occupations Code, may not exceed the greater
95		-	of $5,000 a day or the amount per day published under Section 7.~~0522~~
	156	+	of $5,000 a day or the amount per day published under Section 7.0521
96	157		[for each violation].
97	158		(b) Except as provided by Subsection (b-3), the amount of
98	159		the penalty for operating a rock crusher or a concrete plant that
99	160		performs wet batching, dry batching, or central mixing, that is
100	161		required to obtain a permit under Section 382.0518, Health and
101	162		Safety Code, and that is operating without the required permit is
102	163		the greater of $10,000 or the amount published under Section
103		-	7.~~0522~~. Each day that a continuing violation occurs is a separate
	164	+	7.0521. Each day that a continuing violation occurs is a separate
104	165		violation.
105	166		(b-1) The amount of the penalty assessed against a
106	167		manufacturer that does not label its computer equipment or covered
107	168		television equipment or adopt and implement a recovery plan as
108	169		required by Section 361.955, 361.975, or 361.978, Health and Safety
109	170		Code, as applicable, may not exceed the greater of $10,000 for the
110	171		second violation, [or] $25,000 for each subsequent violation, or
111		-	the amount published under Section 7.~~0522~~. A penalty under this
	172	+	the amount published under Section 7.0521. A penalty under this
112	173		subsection is in addition to any other penalty that may be assessed
113	174		for a violation of Subchapter Y or Z, Chapter 361, Health and Safety
114	175		Code.
115	176		(b-2) Except as provided by Subsection (b-1), the amount of
116	177		the penalty for a violation of Subchapter Y or Z, Chapter 361,
117	178		Health and Safety Code, may not exceed $1,000 for the second
118	179		violation, [or] $2,000 for each subsequent violation, or the amount
119		-	published under Section 7.~~0522~~. A penalty under this subsection is
	180	+	published under Section 7.0521. A penalty under this subsection is
120	181		in addition to any other penalty that may be assessed for a
121	182		violation of Subchapter Y or Z, Chapter 361, Health and Safety Code.
122	183		(b-4) Except as provided by Subsection (b-5), the [The]
123	184		amount of the penalty against a facility operator who violates
124	185		Chapter 505, Health and Safety Code, or a rule adopted or order
125	186		issued under that chapter, for each day a violation continues, may
126	187		not exceed $500 a day or the amount per day published under Section
127		-	7.~~0522~~ [for each day a violation continues] with a total for each
	188	+	7.0521 [for each day a violation continues] with a total for each
128	189		violation not to exceed $5,000 or the total amount published under
129		-	Section 7.~~0522~~ [for each violation]. Except as provided by
	190	+	Section 7.0521 [for each violation]. Except as provided by
130	191		Subsection (b-5), the [The] amount of a penalty against a facility
131	192		operator who violates Chapter 506 or 507, Health and Safety Code, or
132	193		a rule adopted or order issued under those chapters, for each day a
133	194		violation continues, may not exceed $50 a day or the amount per day
134		-	published under Section 7.~~0522~~ [for each day a violation continues]
	195	+	published under Section 7.0521 [for each day a violation continues]
135	196		with a total for each violation not to exceed $1,000 or the total
136		-	amount published under Section 7.0522 [for each violation].
137		-	(b-5) The amount of a penalty assessed under Subsection
138		-	(b-4) must be tripled if a first responder who is not employed at
139		-	the facility that is the subject of the penalty, or who does not
140		-	participate in a shared service agreement with another facility, is
141		-	injured as a result of exposure to hazardous material while
142		-	responding to an incident at the facility.
	197	+	amount published under Section 7.0521 [for each violation].
	198	+	(b-5) The amount of a penalty assessed under Subsection (b-
	199	+	4) must be tripled if a first responder is injured as a result of
	200	+	exposure to hazardous material while responding to an incident at
	201	+	the facility that is the subject of the penalty.
143	202		(c) The amount of the penalty for each [all] other violation
144	203		[violations] within the jurisdiction of the commission to enforce
145		-	may not exceed $25,000 a day or the amount per day ~~published under~~
146		-	Section 7.~~0522~~ [for each violation].
147		-	~~SECTION 5. Effective September 1~~, ~~2023, Section 7.052(c),~~
148		-	~~Water Code,~~ ~~is amended to read as follows:~~
149		-	~~(c)~~ The ~~amount of the penalty for each [all] other violation~~
150		-	~~[violations] within the jurisdiction of the commission to enforce~~
151		-	~~may not exceed $50,000 [$25,000] a day or the amount published~~ under
152		-	Section 7.~~0522 [for each violation]~~.
153		-	SECTION 6. Subchapter C, Chapter 7, Water Code, is amended
	204	+	may not exceed $50,000 [$25,000] a day or the amount per day
	205	+	published under Section 7.0521 [for each violation].
	206	+	(d) Except as provided by Subsection (b), each day that a
	207	+	continuing violation occurs shall [may] be considered a separate
	208	+	violation. The commission may authorize an installment payment
	209	+	schedule for an administrative penalty assessed under this
	210	+	subchapter, except for an administrative penalty assessed under
	211	+	Section 7.057.
	212	+	SECTION 8. Subchapter C, Chapter 7, Water Code, is amended
154	213		by adding Sections 7.0521 and 7.0522 to read as follows:
155	214		Sec. 7.0521. INCREASE OF AMOUNT OF PENALTY FOR CERTAIN
156	215		VIOLATIONS. Notwithstanding Section 7.052, Section 7.0525, or any
157	216		other provision of law, the commission may increase the amount of a
158	217		penalty assessed under this subchapter by an amount not to exceed 50
159	218		percent of the maximum authorized penalty if the alleged violator
160	219		has a history of previous violations.
161	220		Sec. 7.0522. INFLATION ADJUSTMENT OF AMOUNT OF CERTAIN
162	221		PENALTIES. (a) The commission annually shall compute and publish a
163	222		dollar amount to reflect inflation for the penalty amounts in:
164	223		(1) Section 7.052; and
165	224		(2) Section 7.103.
166	225		(b) In making the computation under Subsection (a), the
167	226		commission shall consider the Consumer Price Index for All Urban
168	227		Consumers, or its successor in function, published by the United
169	228		States Bureau of Labor Statistics.
170	229		(c) The commission shall use 2021 as the base year and
171	230		adjust the dollar amounts, effective on September 1 of each year.
172	231		(d) The commission shall make available to the public
173	232		information regarding adjustments made under this section.
174	233		(e) The commission may adopt rules as necessary to
175	234		administer this section.
176		-	SECTION 7. Sections 7.0525(a) and (b), Water Code, are
	235	+	SECTION 9. Sections 7.0525(a) and (b), Water Code, are
177	236		amended to read as follows:
178	237		(a) Except as provided by Subsection (b), the amount of the
179	238		penalty for a violation of Section 374.252, Health and Safety Code,
180		-	may not exceed $5,000 or the amount published under Section 7.~~0522~~.
	239	+	may not exceed $5,000 or the amount published under Section 7.0521.
181	240		(b) The amount of the penalty for a violation of Section
182	241		374.252(a)(3), Health and Safety Code, may not exceed $10,000 or
183		-	the amount published under Section 7.~~0522~~.
184		-	SECTION 8. Section 7.102, Water Code, is amended to read as
	242	+	the amount published under Section 7.0521.
	243	+	SECTION 10. Section 7.102, Water Code, is amended to read as
185	244		follows:
186	245		Sec. 7.102. MAXIMUM PENALTY. (a) A person who causes,
187	246		suffers, allows, or permits a violation of a statute, rule, order,
188	247		or permit relating to Chapter 37 of this code, Chapter 366, 371, or
189	248		372, Health and Safety Code, Subchapter G, Chapter 382, Health and
190	249		Safety Code, or Chapter 1903, Occupations Code, shall be assessed
191	250		for each day of each violation a civil penalty, as the court or jury
192	251		considers proper:
193	252		(1) of not less than $50 nor greater than $5,000; or
194	253		(2) in the amount per day published under Section
195	254		7.0522 [for each day of each violation as the court or jury
196	255		considers proper].
197	256		(b) A person who causes, suffers, allows, or permits a
198	257		violation of a statute, rule, order, or permit relating to any other
199	258		matter within the commission's jurisdiction to enforce, other than
200	259		violations of Chapter 11, 12, 13, 16, or 36 of this code, or Chapter
201	260		341, Health and Safety Code, shall be assessed for each day of each
202	261		violation a civil penalty, as the court or jury considers proper:
203	262		(1) of not less than $100 [$50] nor greater than
204		-	$50,000; or
	263	+	$50,000 [$25,000]; or
205	264		(2) in the amount per day published under Section
206		-	7.0522 [~~$25,000~~ for each day of each violation as the court or jury
	265	+	7.0522 [for each day of each violation as the court or jury
207	266		considers proper].
208	267		(c) Each day of a continuing violation is a separate
209	268		violation.
210		-	SECTION 9. Section 7.1021, Water Code, is amended by
	269	+	SECTION 11. Section 7.1021, Water Code, is amended by
211	270		amending Subsection (a) and adding Subsection (a-1) to read as
212	271		follows:
213	272		(a) Except as provided by Subsection (a-1), a [A] person who
214	273		knowingly discloses false information or negligently fails to
215	274		disclose a hazard as required by Chapter 505 or 506, Health and
216	275		Safety Code, is subject to a civil penalty of not more than $5,000
217	276		for each violation.
218	277		(a-1) The amount of a penalty assessed under Subsection (a)
219		-	must be tripled if a first responder who is not employed at the
220		-	facility that is the subject of the penalty, or who does not
221		-	participate in a shared service agreement with another facility, is
222		-	injured as a result of exposure to hazardous material while
223		-	responding to an incident at the facility.
224		-	SECTION 10. Section 7.103, Water Code, is amended to read as
	278	+	must be tripled if a first responder is injured as a result of
	279	+	exposure to hazardous material while responding to an incident at
	280	+	the facility that is the subject of the penalty.
	281	+	SECTION 12. Section 7.103, Water Code, is amended to read as
225	282		follows:
226	283		Sec. 7.103. CONTINUING VIOLATIONS. (a) If it is shown on a
227	284		trial of a defendant that the defendant has previously been
228	285		assessed a civil penalty for a violation of a statute within the
229	286		commission's jurisdiction or a rule adopted or an order or a permit
230	287		issued under such a statute within the year before the date on which
231	288		the violation being tried occurred, the defendant shall be assessed
232	289		a civil penalty:
233	290		(1) of not less than $200 [$100] nor greater than
234	291		$50,000 [$25,000] for each subsequent day and for each subsequent
235	292		violation; or
236	293		(2) in the amount per day published under Section
237		-	7.~~0522~~.
	294	+	7.0521.
238	295		(b) Each day of a continuing violation is a separate
239	296		violation.
240		-	SECTION 11. Section 374.252, Health and Safety Code, as
241		-	amended by this Act, applies only to an enforcement action
242		-	initiated by the Texas Commission on Environmental Quality on or
243		-	after the effective date of this Act. An enforcement action
	297	+	SECTION 13. Section 7.105, Water Code, is amended by adding
	298	+	Subsection (d) to read as follows:
	299	+	(d) A penalty recovered under this section is additional to
	300	+	any penalty assessed by the commission.
	301	+	SECTION 14. Section 7.302, Water Code, is amended by adding
	302	+	Subsection (c) to read as follows:
	303	+	(c) After notice and hearing, the commission shall revoke,
	304	+	suspend, or revoke and reissue a permit or exemption if a violation
	305	+	of a term or condition of the permit causes a catastrophic event
	306	+	that results in the death or serious injury of an individual.
	307	+	SECTION 15. Sections 382.0216(f) and (h), Health and Safety
	308	+	Code, are repealed.
	309	+	SECTION 16. Sections 374.252 and 382.0216, Health and
	310	+	Safety Code, as amended by this Act, apply only to an enforcement
	311	+	action initiated by the Texas Commission on Environmental Quality
	312	+	on or after the effective date of this Act. An enforcement action
244	313		initiated before the effective date of this Act is governed by the
245	314		law in effect immediately before the effective date of this Act, and
246	315		the former law is continued in effect for that purpose.
247		-	SECTION 12. Sections 7.052, 7.0525, 7.102, 7.1021, and
248		-	7.103, Water Code, as amended by this Act, and Sections 7.0521 and
249		-	7.0522, Water Code, as added by this Act, apply only to a violation
250		-	that occurs on or after the effective date of this Act. For
251		-	purposes of this section, a violation occurs before the effective
252		-	date of this Act if any element of the violation occurs before that
253		-	date.
254		-	SECTION 13. Except as provided by Section 5 of this Act,
255		-	this Act takes effect September 1, 2021.
	316	+	SECTION 17. Section 382.0217, Health and Safety Code, as
	317	+	added by this Act, applies only to an emissions event that occurs on
	318	+	or after the effective date of this Act. An emissions event that
	319	+	occurs before that date is governed by the law in effect on the date
	320	+	the emissions event occurred, and the former law is continued in
	321	+	effect for that purpose.
	322	+	SECTION 18. Not later than January 1, 2023, the state
	323	+	emergency response commission, as defined in Section 505.004,
	324	+	Health and Safety Code, shall establish the toxic chemical
	325	+	emergency alert system as required by Section 505.017, Health and
	326	+	Safety Code, as amended by this Act.
	327	+	SECTION 19. Sections 7.052, 7.0525, 7.102, 7.1021, 7.103,
	328	+	7.105, and 7.302, Water Code, as amended by this Act, and Sections
	329	+	7.0521 and 7.0522, Water Code, as added by this Act, apply only to a
	330	+	violation that occurs on or after the effective date of this Act.
	331	+	For purposes of this section, a violation occurs before the
	332	+	effective date of this Act if any element of the violation occurs
	333	+	before that date.
	334	+	SECTION 20. This Act takes effect September 1, 2021.