1 | 1 | | 88R6549 MP-D |
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2 | 2 | | By: Bell of Kaufman H.B. No. 1505 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the continuation and functions of the Texas Commission |
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8 | 8 | | on Environmental Quality. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 382.05101, Health and Safety Code, is |
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11 | 11 | | amended to read as follows: |
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12 | 12 | | Sec. 382.05101. DE MINIMIS AIR CONTAMINANTS. The |
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13 | 13 | | commission may develop by rule the criteria to establish a de |
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14 | 14 | | minimis level of air contaminants for facilities or groups of |
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15 | 15 | | facilities below which the following types of permits are not |
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16 | 16 | | required: |
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17 | 17 | | (1) a permit under Section 382.0518 or 382.0519; |
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18 | 18 | | (2) [,] a standard permit under Section 382.05195, |
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19 | 19 | | [or] 382.05198, or 382.051985; or |
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20 | 20 | | (3) [, or] a permit by rule under Section 382.05196 [is |
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21 | 21 | | not required]. |
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22 | 22 | | SECTION 2. Section 382.0511(c), Health and Safety Code, is |
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23 | 23 | | amended to read as follows: |
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24 | 24 | | (c) The commission may authorize changes in a federal source |
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25 | 25 | | to proceed before the owner or operator obtains a federal operating |
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26 | 26 | | permit or revisions to a federal operating permit if: |
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27 | 27 | | (1) the changes are de minimis under Section |
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28 | 28 | | 382.05101; or |
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29 | 29 | | (2) the owner or operator: |
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30 | 30 | | (A) has obtained a preconstruction permit or |
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31 | 31 | | permit amendment required by Section 382.0518; or |
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32 | 32 | | (B) is operating under: |
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33 | 33 | | (i) a standard permit under Section |
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34 | 34 | | 382.05195, [or] 382.05198, or 382.051985; |
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35 | 35 | | (ii) a permit by rule under Section |
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36 | 36 | | 382.05196; or |
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37 | 37 | | (iii) an exemption allowed under Section |
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38 | 38 | | 382.057. |
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39 | 39 | | SECTION 3. Subchapter C, Chapter 382, Health and Safety |
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40 | 40 | | Code, is amended by adding Section 382.051985 to read as follows: |
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41 | 41 | | Sec. 382.051985. STANDARD PERMIT FOR CERTAIN TEMPORARY |
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42 | 42 | | CONCRETE PLANTS. (a) The commission shall issue a standard permit |
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43 | 43 | | for a temporary concrete plant that performs wet batching, dry |
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44 | 44 | | batching, or central mixing to support a public works project. A |
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45 | 45 | | plant operating under the permit: |
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46 | 46 | | (1) may not support a project that is not related to |
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47 | 47 | | the public works project; |
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48 | 48 | | (2) must be located in or contiguous to the |
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49 | 49 | | right-of-way of the public works project; and |
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50 | 50 | | (3) must meet the requirements of Section 382.05198. |
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51 | 51 | | (b) A permit issued under this section: |
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52 | 52 | | (1) may not have an initial term that exceeds one year; |
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53 | 53 | | (2) may be renewed for an additional term not to exceed |
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54 | 54 | | one year; |
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55 | 55 | | (3) may be renewed for a second additional term not to |
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56 | 56 | | exceed one year only on a finding of good cause by the commission; |
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57 | 57 | | and |
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58 | 58 | | (4) may not be renewed a third time. |
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59 | 59 | | SECTION 4. Sections 382.05199(a), (b), and (h), Health and |
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60 | 60 | | Safety Code, are amended to read as follows: |
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61 | 61 | | (a) A person may not begin construction of a permanent |
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62 | 62 | | concrete plant that performs wet batching, dry batching, or central |
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63 | 63 | | mixing under a standard permit issued under Section 382.05198 or a |
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64 | 64 | | temporary concrete plant that performs wet batching, dry batching, |
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65 | 65 | | or central mixing under a standard permit issued under Section |
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66 | 66 | | 382.051985 unless the commission authorizes the person to use the |
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67 | 67 | | permit as provided by this section. The notice and hearing |
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68 | 68 | | requirements of Subsections (b)-(g) apply only to an applicant for |
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69 | 69 | | authorization to use a standard permit issued under Section |
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70 | 70 | | 382.05198 or 382.051985. An applicant for a permit for a concrete |
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71 | 71 | | plant that does not meet the requirements of a standard permit |
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72 | 72 | | issued under Section 382.05198 or 382.051985 must comply with: |
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73 | 73 | | (1) Section 382.058 to obtain authorization to use a |
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74 | 74 | | standard permit issued under Section 382.05195 or a permit by rule |
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75 | 75 | | adopted under Section 382.05196; or |
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76 | 76 | | (2) Section 382.056 to obtain a permit issued under |
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77 | 77 | | Section 382.0518. |
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78 | 78 | | (b) An applicant for an authorization to use a standard |
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79 | 79 | | permit under Section 382.05198 or 382.051985 must publish notice |
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80 | 80 | | under this section not later than the earlier of: |
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81 | 81 | | (1) the 30th day after the date the applicant receives |
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82 | 82 | | written notice from the executive director that the application is |
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83 | 83 | | technically complete; or |
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84 | 84 | | (2) the 75th day after the date the executive director |
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85 | 85 | | receives the application. |
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86 | 86 | | (h) Not later than the 35th day after the date the public |
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87 | 87 | | hearing is held, the executive director shall approve or deny the |
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88 | 88 | | application for authorization to use the standard permit. The |
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89 | 89 | | executive director shall base the decision on whether the |
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90 | 90 | | application meets the requirements of Section 382.05198 or |
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91 | 91 | | 382.051985. The executive director shall consider all comments |
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92 | 92 | | received during the public comment period and at the public hearing |
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93 | 93 | | in determining whether to approve the application. If the |
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94 | 94 | | executive director denies the application, the executive director |
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95 | 95 | | shall state the reasons for the denial and any modifications to the |
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96 | 96 | | application that are necessary for the proposed plant to qualify |
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97 | 97 | | for the authorization. |
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98 | 98 | | SECTION 5. Section 382.056, Health and Safety Code, is |
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99 | 99 | | amended by amending Subsection (b) and adding Subsection (k-2) to |
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100 | 100 | | read as follows: |
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101 | 101 | | (b) The notice must include: |
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102 | 102 | | (1) a description of the location or proposed location |
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103 | 103 | | of the facility or federal source; |
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104 | 104 | | (2) [the location at which a copy of the application is |
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105 | 105 | | available for review and copying as provided by Subsection (d); |
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106 | 106 | | [(3)] a description, including a telephone number, of |
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107 | 107 | | the manner in which the commission may be contacted for further |
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108 | 108 | | information; |
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109 | 109 | | (3) [(4)] a description, including a telephone |
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110 | 110 | | number, of the manner in which the applicant may be contacted for |
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111 | 111 | | further information; |
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112 | 112 | | (4) [(5)] a description of the procedural rights and |
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113 | 113 | | obligations of the public, printed in a font style or size that |
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114 | 114 | | clearly provides emphasis and distinguishes it from the remainder |
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115 | 115 | | of the notice, that includes a statement that a person who may be |
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116 | 116 | | affected by emissions of air contaminants from the facility, |
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117 | 117 | | proposed facility, or federal source is entitled to request a |
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118 | 118 | | hearing from the commission; |
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119 | 119 | | (5) [(6)] a description of the procedure by which a |
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120 | 120 | | person may be placed on a mailing list in order to receive |
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121 | 121 | | additional information about the application; |
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122 | 122 | | (6) [(7)] the time and location of any public meeting |
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123 | 123 | | to be held under Subsection (e); and |
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124 | 124 | | (7) [(8)] any other information the commission by rule |
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125 | 125 | | requires. |
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126 | 126 | | (k-2) Notwithstanding any other law, if the commission |
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127 | 127 | | holds a public meeting for a permit application under this |
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128 | 128 | | subchapter the commission shall hold open the public comment period |
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129 | 129 | | for the permit application for at least 36 hours after the end of |
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130 | 130 | | the meeting. |
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131 | 131 | | SECTION 6. Section 5.014, Water Code, is amended to read as |
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132 | 132 | | follows: |
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133 | 133 | | Sec. 5.014. SUNSET PROVISION. The Texas Commission on |
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134 | 134 | | Environmental Quality is subject to Chapter 325, Government Code |
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135 | 135 | | (Texas Sunset Act). Unless continued in existence as provided by |
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136 | 136 | | that chapter, the commission is abolished [and this chapter |
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137 | 137 | | expires] September 1, 2035 [2023]. |
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138 | 138 | | SECTION 7. Section 5.0535, Water Code, is amended by |
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139 | 139 | | amending Subsection (b) and adding Subsection (d) to read as |
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140 | 140 | | follows: |
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141 | 141 | | (b) The training program must provide the person with |
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142 | 142 | | information regarding: |
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143 | 143 | | (1) the law governing [legislation that created the] |
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144 | 144 | | commission operations; |
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145 | 145 | | (2) the programs, functions, rules, and budget of |
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146 | 146 | | [operated by] the commission; |
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147 | 147 | | (3) the scope of and limitations on the rulemaking |
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148 | 148 | | authority of the commission [the role and functions of the |
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149 | 149 | | commission]; |
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150 | 150 | | (4) [the rules of the commission, with an emphasis on |
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151 | 151 | | the rules that relate to disciplinary and investigatory authority; |
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152 | 152 | | [(5) the current budget for the commission; |
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153 | 153 | | [(6)] the results of the most recent formal audit |
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154 | 154 | | [significant internal and external audits] of the commission; |
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155 | 155 | | (5) [(7)] the requirements of: |
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156 | 156 | | (A) laws relating to [the] open meetings, [law, |
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157 | 157 | | Chapter 551, Government Code; |
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158 | 158 | | [(B) the] public information, [law, Chapter 552, |
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159 | 159 | | Government Code; |
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160 | 160 | | [(C) the] administrative procedure, and |
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161 | 161 | | disclosing conflicts-of-interest [law, Chapter 2001, Government |
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162 | 162 | | Code; and |
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163 | 163 | | [(D) other laws relating to public officials, |
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164 | 164 | | including conflict-of-interest laws]; and |
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165 | 165 | | (B) other laws applicable to members of a state |
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166 | 166 | | policy-making body in performing their duties; and |
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167 | 167 | | (6) [(8)] any applicable ethics policies adopted by |
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168 | 168 | | the commission or the Texas Ethics Commission. |
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169 | 169 | | (d) The executive director of the commission shall create a |
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170 | 170 | | training manual that includes the information required by |
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171 | 171 | | Subsection (b). The executive director shall distribute a copy of |
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172 | 172 | | the training manual annually to each member of the commission. Each |
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173 | 173 | | member of the commission shall sign and submit to the executive |
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174 | 174 | | director a statement acknowledging that the member received and has |
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175 | 175 | | reviewed the training manual. |
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176 | 176 | | SECTION 8. Section 5.113, Water Code, is amended to read as |
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177 | 177 | | follows: |
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178 | 178 | | Sec. 5.113. COMMISSION AND STAFF RESPONSIBILITY POLICY. |
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179 | 179 | | The commission shall develop and implement policies that clearly |
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180 | 180 | | separate the policy-making [the respective] responsibilities of |
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181 | 181 | | the commission and the management responsibilities of the executive |
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182 | 182 | | director and the staff of the commission. |
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183 | 183 | | SECTION 9. The heading to Section 5.129, Water Code, is |
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184 | 184 | | amended to read as follows: |
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185 | 185 | | Sec. 5.129. SUMMARY OF AND INFORMATION PROVIDED BY [FOR] |
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186 | 186 | | PUBLIC NOTICES. |
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187 | 187 | | SECTION 10. Section 5.129, Water Code, is amended by |
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188 | 188 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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189 | 189 | | follows: |
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190 | 190 | | (a) The commission by rule shall provide for each public |
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191 | 191 | | notice issued or published by the commission or by a person under |
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192 | 192 | | the jurisdiction of the commission as required by law or by |
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193 | 193 | | commission rule to include: |
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194 | 194 | | (1) at the beginning of the notice a succinct |
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195 | 195 | | statement of the subject of the notice; and |
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196 | 196 | | (2) to the extent applicable, the name of the permit |
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197 | 197 | | applicant, the type of permit applied for, and the address of each |
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198 | 198 | | proposed or existing site subject to the proposed permit. |
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199 | 199 | | (a-1) Rules adopted under this section [The rules] must |
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200 | 200 | | provide that a summary statement must be designed to inform the |
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201 | 201 | | reader of the subject matter of the notice without having to read |
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202 | 202 | | the entire text of the notice. |
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203 | 203 | | SECTION 11. Subchapter E, Chapter 5, Water Code, is amended |
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204 | 204 | | by adding Section 5.1734 to read as follows: |
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205 | 205 | | Sec. 5.1734. ELECTRONIC POSTING OF PERMIT APPLICATIONS. |
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206 | 206 | | (a) The commission shall post on its website at the time a permit |
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207 | 207 | | application becomes administratively complete: |
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208 | 208 | | (1) the permit application and any associated |
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209 | 209 | | materials; and |
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210 | 210 | | (2) for a permit application under Subchapter D, |
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211 | 211 | | Chapter 11, any map accompanying the permit application. |
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212 | 212 | | (b) Notwithstanding any other law, the commission shall |
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213 | 213 | | require each applicant for a permit, permit amendment, or permit |
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214 | 214 | | renewal that requires notice be published to include in the notice |
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215 | 215 | | the address of the website where the public can access information |
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216 | 216 | | about the permit as described by Subsection (a). |
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217 | 217 | | (c) In implementing this section, the commission shall |
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218 | 218 | | consider and accommodate residents of each area affected by a |
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219 | 219 | | proposed permit, permit amendment, or permit renewal who may need |
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220 | 220 | | assistance accessing the application and associated materials |
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221 | 221 | | because of a lack of access to Internet services, particularly when |
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222 | 222 | | there is a heightened interest in or response to public notice or |
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223 | 223 | | comment. |
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224 | 224 | | (d) Notice posted under this section shall be in lieu of a |
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225 | 225 | | requirement that a physical copy of the permit be made available in |
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226 | 226 | | a public place. |
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227 | 227 | | SECTION 12. Section 5.552(c), Water Code, is amended to |
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228 | 228 | | read as follows: |
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229 | 229 | | (c) The commission by rule shall establish the form and |
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230 | 230 | | content of the notice. The notice must include: |
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231 | 231 | | (1) the location and nature of the proposed activity; |
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232 | 232 | | (2) [the location at which a copy of the application is |
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233 | 233 | | available for review and copying as provided by Subsection (e); |
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234 | 234 | | [(3)] a description, including a telephone number, of |
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235 | 235 | | the manner in which a person may contact the commission for further |
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236 | 236 | | information; |
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237 | 237 | | (3) [(4)] a description, including a telephone |
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238 | 238 | | number, of the manner in which a person may contact the applicant |
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239 | 239 | | for further information; |
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240 | 240 | | (4) [(5)] a description of the procedural rights and |
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241 | 241 | | obligations of the public, printed in a font style or size that |
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242 | 242 | | clearly provides emphasis and distinguishes it from the remainder |
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243 | 243 | | of the notice; |
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244 | 244 | | (5) [(6)] a description of the procedure by which a |
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245 | 245 | | person may be placed on a mailing list in order to receive |
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246 | 246 | | additional information about the application; |
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247 | 247 | | (6) [(7)] the time and location of any public meeting |
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248 | 248 | | to be held under Subsection (f); and |
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249 | 249 | | (7) [(8)] any other information the commission by rule |
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250 | 250 | | requires. |
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251 | 251 | | SECTION 13. Chapter 5, Water Code, is amended by adding |
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252 | 252 | | Subchapter M-1 to read as follows: |
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253 | 253 | | SUBCHAPTER M-1. PERMITTING PROCEDURES GENERALLY |
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254 | 254 | | Sec. 5.581. APPLICABILITY. This subchapter applies to |
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255 | 255 | | programs and permits arising under the air, waste, or water |
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256 | 256 | | programs within the commission's jurisdiction. |
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257 | 257 | | Sec. 5.582. MEANS OF PUBLICATION OF NOTICE. (a) |
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258 | 258 | | Notwithstanding any other law, the commission may publish notice of |
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259 | 259 | | a permit application by electronic means instead of by printed |
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260 | 260 | | means. |
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261 | 261 | | (b) If the commission publishes notice of a permit |
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262 | 262 | | application by electronic means, the commission shall post the |
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263 | 263 | | notice on the commission's website and may provide additional |
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264 | 264 | | electronic notice through other means, including direct e-mail. |
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265 | 265 | | (c) The commission shall consider and accommodate residents |
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266 | 266 | | of each area affected by a proposed permit, permit amendment, or |
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267 | 267 | | permit renewal who may need assistance accessing notice published |
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268 | 268 | | by electronic means because of a lack of access to Internet |
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269 | 269 | | services, particularly when there is a heightened interest in or |
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270 | 270 | | response to public notice or comment. |
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271 | 271 | | (d) This section does not authorize the commission to use an |
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272 | 272 | | electronic means of notice instead of newspaper publication or |
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273 | 273 | | another form of notice if an applicable federal law requires a |
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274 | 274 | | particular form of notice. |
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275 | 275 | | Sec. 5.583. VIRTUAL PUBLIC MEETING. (a) Notwithstanding |
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276 | 276 | | any other law, the commission may hold a public meeting virtually |
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277 | 277 | | through the Internet provided that members of the general public |
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278 | 278 | | are able to participate in the meeting. |
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279 | 279 | | (b) The commission shall consider and accommodate members |
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280 | 280 | | of the public who may need assistance participating in a virtually |
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281 | 281 | | held public meeting because of a lack of access to Internet |
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282 | 282 | | services, particularly when there is a heightened interest in or |
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283 | 283 | | response to public notice or comment. |
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284 | 284 | | (c) This section does not authorize the commission to hold a |
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285 | 285 | | public meeting virtually instead of an in-person public meeting if |
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286 | 286 | | an applicable federal law requires an in-person public meeting. |
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287 | 287 | | Sec. 5.584. TEMPORARY AND INDEFINITE PERMIT REPORTING. (a) |
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288 | 288 | | In this section, "permit" means a permit, approval, registration, |
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289 | 289 | | or other form of authorization required by law for a person to |
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290 | 290 | | engage in an action. |
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291 | 291 | | (b) This section does not apply to a person who holds a |
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292 | 292 | | temporary permit or permit with an indefinite term that has a |
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293 | 293 | | regular reporting requirement. |
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294 | 294 | | (c) A person who holds a temporary permit or permit with an |
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295 | 295 | | indefinite term shall report to the commission annually whether the |
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296 | 296 | | activity subject to the permit is ongoing. |
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297 | 297 | | SECTION 14. Section 5.754, Water Code, is amended by |
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298 | 298 | | amending Subsection (c) and adding Subsection (c-1) to read as |
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299 | 299 | | follows: |
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300 | 300 | | (c) In classifying a person's compliance history, the |
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301 | 301 | | commission shall: |
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302 | 302 | | (1) determine whether a violation of an applicable |
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303 | 303 | | legal requirement is of major, moderate, or minor significance; |
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304 | 304 | | (2) establish criteria for classifying a repeat |
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305 | 305 | | violator, including: |
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306 | 306 | | (A) setting the number of major, moderate, and |
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307 | 307 | | minor violations needed to be classified as a repeat violator; and |
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308 | 308 | | (B) giving consideration to the size and |
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309 | 309 | | complexity of the site at which the violations occurred, and |
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310 | 310 | | limiting consideration to violations of the same nature and the |
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311 | 311 | | same environmental media that occurred in the preceding five years; |
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312 | 312 | | and |
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313 | 313 | | (3) consider: |
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314 | 314 | | (A) the significance of the violation and whether |
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315 | 315 | | the person is a repeat violator; |
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316 | 316 | | (B) the size and complexity of the site, |
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317 | 317 | | including whether the site is subject to Title V of the federal |
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318 | 318 | | Clean Air Act (42 U.S.C. Section 7661 et seq.); and |
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319 | 319 | | (C) the potential for a violation at the site |
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320 | 320 | | that is attributable to the nature and complexity of the site. |
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321 | 321 | | (c-1) The commission may review, suspend, or reclassify a |
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322 | 322 | | person's compliance history at any time if the commission |
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323 | 323 | | determines that exigent circumstances exist. |
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324 | 324 | | SECTION 15. Sections 7.052(b-1) and (c), Water Code, are |
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325 | 325 | | amended to read as follows: |
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326 | 326 | | (b-1) The amount of the penalty assessed against a |
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327 | 327 | | manufacturer that does not label its computer equipment or covered |
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328 | 328 | | television equipment or adopt and implement a recovery plan as |
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329 | 329 | | required by Section 361.955, 361.975, or 361.978, Health and Safety |
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330 | 330 | | Code, as applicable, may not exceed $10,000 for the second |
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331 | 331 | | violation or $40,000 [$25,000] for each subsequent violation. A |
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332 | 332 | | penalty under this subsection is in addition to any other penalty |
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333 | 333 | | that may be assessed for a violation of Subchapter Y or Z, Chapter |
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334 | 334 | | 361, Health and Safety Code. |
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335 | 335 | | (c) The amount of the penalty for all other violations |
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336 | 336 | | within the jurisdiction of the commission to enforce may not exceed |
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337 | 337 | | $40,000 [$25,000] a day for each violation. |
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338 | 338 | | SECTION 16. Subchapter C, Chapter 7, Water Code, is amended |
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339 | 339 | | by adding Section 7.0675 to read as follows: |
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340 | 340 | | Sec. 7.0675. ENFORCEMENT DIVERSION PROGRAM FOR SMALL |
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341 | 341 | | BUSINESSES AND LOCAL GOVERNMENTS. (a) In this section, "small |
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342 | 342 | | business" has the meaning assigned by Section 5.135. |
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343 | 343 | | (b) The commission shall establish an enforcement diversion |
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344 | 344 | | program for small businesses and local governments. The program |
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345 | 345 | | must include: |
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346 | 346 | | (1) resources developed for the small business |
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347 | 347 | | compliance assistance program under Section 5.135; |
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348 | 348 | | (2) compliance assistance training; and |
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349 | 349 | | (3) on-site technical assistance and training |
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350 | 350 | | performed by commission staff. |
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351 | 351 | | (c) Before the commission initiates an enforcement action |
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352 | 352 | | for a violation committed by a small business or local government, |
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353 | 353 | | the commission may enroll the business or government into the |
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354 | 354 | | enforcement diversion program. |
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355 | 355 | | (d) The commission may not initiate against a small business |
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356 | 356 | | or local government an enforcement action for a violation that |
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357 | 357 | | prompted enrollment in the enforcement diversion program after the |
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358 | 358 | | business or government has successfully completed the program. |
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359 | 359 | | (e) A small business or local government is not eligible to |
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360 | 360 | | enroll in the enforcement diversion program if the small business |
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361 | 361 | | or local government: |
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362 | 362 | | (1) committed a violation that: |
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363 | 363 | | (A) resulted in an imminent threat to public |
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364 | 364 | | health; or |
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365 | 365 | | (B) was a major violation, as classified under |
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366 | 366 | | Section 5.754; or |
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367 | 367 | | (2) was enrolled in the program in the two years |
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368 | 368 | | preceding the date of the violation. |
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369 | 369 | | SECTION 17. Subchapter B, Chapter 11, Water Code, is |
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370 | 370 | | amended by adding Section 11.02363 to read as follows: |
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371 | 371 | | Sec. 11.02363. PERIODIC REVIEW OF ENVIRONMENTAL FLOW |
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372 | 372 | | RECOMMENDATIONS; STATEWIDE WORK PLAN. (a) Periodically, the |
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373 | 373 | | advisory group shall review the environmental flow standards for |
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374 | 374 | | each river basin and bay system adopted by the commission under |
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375 | 375 | | Section 11.1471. In conducting a review of the environmental flow |
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376 | 376 | | standards, the advisory group shall: |
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377 | 377 | | (1) work with the science advisory committee and the |
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378 | 378 | | pertinent basin and bay area stakeholder committees and basin and |
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379 | 379 | | bay expert science teams in a manner similar to that provided by |
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380 | 380 | | Section 11.02362; |
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381 | 381 | | (2) take into consideration the work plans developed |
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382 | 382 | | under Section 11.02362(p); |
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383 | 383 | | (3) analyze previous environmental flow regime |
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384 | 384 | | recommendations and standards; |
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385 | 385 | | (4) prescribe future monitoring, studies, and |
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386 | 386 | | activities needed to better understand the environmental flow; and |
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387 | 387 | | (5) validate or refine: |
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388 | 388 | | (A) the environmental flow recommendations; |
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389 | 389 | | (B) the environmental flow standards adopted by |
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390 | 390 | | the commission; and |
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391 | 391 | | (C) strategies to achieve the environmental flow |
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392 | 392 | | standards. |
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393 | 393 | | (b) The advisory group shall develop a biennial statewide |
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394 | 394 | | work plan to prioritize and schedule the review of environmental |
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395 | 395 | | flow standards under Subsection (a). The work plan must establish: |
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396 | 396 | | (1) the methodology used to prioritize the review of |
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397 | 397 | | the environmental flow standards of each river basin and bay |
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398 | 398 | | system; and |
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399 | 399 | | (2) a timeline for the review of the environmental |
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400 | 400 | | flow standards of each river basin and bay system. |
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401 | 401 | | (c) The advisory group shall submit to the commission: |
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402 | 402 | | (1) any review conducted under Subsection (a), |
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403 | 403 | | including recommendations to the commission for use in adopting |
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404 | 404 | | rules under Section 11.1471; and |
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405 | 405 | | (2) the biennial work plan developed under Subsection |
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406 | 406 | | (b). |
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407 | 407 | | SECTION 18. Section 11.1471, Water Code, is amended by |
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408 | 408 | | amending Subsection (f) and adding Subsection (g) to read as |
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409 | 409 | | follows: |
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410 | 410 | | (f) An environmental flow standard or environmental flow |
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411 | 411 | | set-aside adopted under Subsection (a) may be altered by the |
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412 | 412 | | commission in a rulemaking process undertaken in accordance with a |
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413 | 413 | | schedule established by the commission. The commission shall |
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414 | 414 | | consider the review of environmental flows by the advisory group |
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415 | 415 | | under Section 11.02363(a) when altering an environmental flow. In |
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416 | 416 | | establishing a schedule, the commission shall consider the work |
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417 | 417 | | plan developed by the advisory group under Section 11.02363(b) and |
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418 | 418 | | the applicable work plan approved by the advisory group under |
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419 | 419 | | Section 11.02362(p). The commission's schedule may not provide for |
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420 | 420 | | the rulemaking process to occur more frequently than once every 10 |
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421 | 421 | | years unless the work plans provide [plan provides] for a periodic |
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422 | 422 | | review under Sections 11.02363(a) and [Section] 11.02362(p) to |
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423 | 423 | | occur more frequently than once every 10 years. In that event, the |
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424 | 424 | | commission may provide for the rulemaking process to be undertaken |
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425 | 425 | | in conjunction with the periodic review if the commission |
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426 | 426 | | determines that schedule to be appropriate. A rulemaking process |
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427 | 427 | | undertaken under this subsection must provide for the participation |
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428 | 428 | | of stakeholders having interests in the particular river basin and |
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429 | 429 | | bay system for which the process is undertaken. |
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430 | 430 | | (g) The commission shall submit a biennial report to the |
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431 | 431 | | advisory group on the implementation and effectiveness of |
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432 | 432 | | environmental flow standards. The report must include: |
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433 | 433 | | (1) a description of progress made over the previous |
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434 | 434 | | biennium in implementing environmental flow standards, including |
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435 | 435 | | the status of any efforts to set aside unappropriated water for |
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436 | 436 | | environmental flow protection; |
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437 | 437 | | (2) input provided by the board and the Parks and |
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438 | 438 | | Wildlife Department on their: |
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439 | 439 | | (A) activities related to environmental flow |
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440 | 440 | | standards; and |
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441 | 441 | | (B) recommendations for the work plan developed |
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442 | 442 | | under Section 11.02363(b); and |
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443 | 443 | | (3) recommendations for the work plan developed under |
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444 | 444 | | Section 11.02363(b). |
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445 | 445 | | SECTION 19. Section 49.011(b), Water Code, is amended to |
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446 | 446 | | read as follows: |
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447 | 447 | | (b) The commission by rule shall establish a procedure for |
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448 | 448 | | public notice and hearing of applications. The rules must require |
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449 | 449 | | an applicant to publish the notice issued by the commission under |
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450 | 450 | | Subsection (a) once a week for two consecutive weeks in a newspaper |
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451 | 451 | | regularly published or circulated in the county where the district |
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452 | 452 | | is proposed to be located not later than the 30th day before the |
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453 | 453 | | date on which the commission may act on the application. The |
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454 | 454 | | commission shall provide the notice to each state representative |
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455 | 455 | | and state senator who represents an area inside the proposed |
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456 | 456 | | district's boundaries. |
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457 | 457 | | SECTION 20. The following provisions are repealed: |
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458 | 458 | | (1) Section 382.056(d), Health and Safety Code; |
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459 | 459 | | (2) Section 5.552(e), Water Code; |
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460 | 460 | | (3) Section 11.0236(m), Water Code; |
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461 | 461 | | (4) Section 11.02361(g), Water Code; and |
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462 | 462 | | (5) Section 11.02362(s), Water Code. |
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463 | 463 | | SECTION 21. (a) Except as provided by Subsection (b) of |
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464 | 464 | | this section, Section 5.0535, Water Code, as amended by this Act, |
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465 | 465 | | applies to a member of the Texas Commission on Environmental |
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466 | 466 | | Quality appointed before, on, or after the effective date of this |
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467 | 467 | | Act. |
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468 | 468 | | (b) A member of the Texas Commission on Environmental |
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469 | 469 | | Quality who, before the effective date of this Act, completed the |
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470 | 470 | | training program required by Section 5.0535, Water Code, as that |
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471 | 471 | | law existed before the effective date of this Act, is only required |
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472 | 472 | | to complete additional training on the subjects added by this Act to |
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473 | 473 | | the training program required by Section 5.0535, Water Code. A |
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474 | 474 | | member described by this subsection may not vote, deliberate, or be |
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475 | 475 | | counted as a member in attendance at a meeting of the commission |
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476 | 476 | | held on or after December 1, 2023, until the member completes the |
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477 | 477 | | additional training. |
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478 | 478 | | SECTION 22. A permit holder subject to Section 5.584, Water |
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479 | 479 | | Code, as added by this Act, shall first report to the Texas |
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480 | 480 | | Commission on Environmental Quality the status of the permitted |
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481 | 481 | | activity not later than December 31, 2024. |
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482 | 482 | | SECTION 23. The change in law made by this Act to Section |
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483 | 483 | | 7.052, Water Code, applies only to a violation that occurs on or |
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484 | 484 | | after the effective date of this Act. A violation that occurs |
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485 | 485 | | before the effective date of this Act is governed by the law in |
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486 | 486 | | effect on the date the violation occurred, and the former law is |
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487 | 487 | | continued in effect for that purpose. |
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488 | 488 | | SECTION 24. (a) The Texas Commission on Environmental |
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489 | 489 | | Quality shall submit to the environmental flows advisory group the |
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490 | 490 | | first biennial report on the implementation and effectiveness of |
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491 | 491 | | environmental flow standards under Section 11.1471(g), Water Code, |
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492 | 492 | | as added by this Act, not later than January 1, 2024. |
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493 | 493 | | (b) The environmental flows advisory group shall produce |
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494 | 494 | | and deliver to the commission the first biennial statewide work |
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495 | 495 | | plan developed under Section 11.02363, Water Code, as added by this |
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496 | 496 | | Act, not later than January 1, 2025. |
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497 | 497 | | SECTION 25. This Act takes effect September 1, 2023. |
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