Texas 2023 - 88th Regular

Texas House Bill HB2437 Compare Versions

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1	1	By: Zwiener H.B. No. 2437
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the regulation, monitoring, and enforcement of matters
7	7	under the jurisdiction of the Texas Commission on Environmental
8	8	Quality; authorizing the assessment or increase of civil and
9	9	administrative penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 374.252(b) and (c), Health and Safety
12	12	Code, are amended to read as follows:
13	13	(b) If a registration fee is not paid on or before the 30th
14	14	day after the date the fee is due, the commission may assess for
15	15	each day the fee is not paid a penalty not to exceed $50 per day or
16	16	the amount published under Section 7.0522, Water Code [for each day
17	17	the fee is not paid].
18	18	(c) If a registration application for an operating dry
19	19	cleaning facility or drop station is not filed with the commission
20	20	on or before the 30th day after the date the application is due, the
21	21	commission may assess for each day the application is not filed a
22	22	penalty not to exceed $50 per day or the amount published under
23	23	Section 7.0522, Water Code [for each day the application is not
24	24	filed].
25	25	SECTION 2. Section 382.0215(b), Health and Safety Code, is
26	26	amended to read as follows:
27	27	(b) The commission shall require the owner or operator of a
28	28	regulated entity that experiences emissions events:
29	29	(1) to maintain a record of all emissions events at the
30	30	regulated entity in the manner and for the periods prescribed by
31	31	commission rule;
32	32	(2) to notify the commission in a single report for
33	33	each emissions event, as soon as practicable but not later than 24
34	34	hours after discovery of the emissions event, of an emissions event
35	35	resulting in the emission of a reportable quantity of air
36	36	contaminants as determined by commission rule; and
37	37	(3) to report to the commission in a single report for
38	38	each emissions event, not later than two weeks after the occurrence
39	39	of an emissions event that results in the emission of a reportable
40	40	quantity of air contaminants as determined by commission rule, all
41	41	information necessary to evaluate the emissions event, including:
42	42	(A) the name of the owner or operator of the
43	43	reporting regulated entity;
44	44	(B) the location of the reporting regulated
45	45	entity expressed in terms of longitude and latitude;
46	46	(C) the date and time the emissions began;
47	47	(D) the duration of the emissions;
48	48	(E) the nature and measured or estimated quantity
49	49	of air contaminants emitted, including the method of calculation
50	50	of, or other basis for determining, the quantity of air
51	51	contaminants emitted;
52	52	(F) the processes and equipment involved in the
53	53	emissions event;
54	54	(G) the cause of the emissions; and
55	55	(H) any additional information necessary to
56	56	evaluate the emissions event.
57	57	SECTION 3. Subchapter B, Chapter 382, Health and Safety
58	58	Code, is amended by adding Section 382.0217 to read as follows:
59	59	Sec. 382.0217. STUDY ON EXCESSIVE EMISSIONS EVENTS PENALTY.
60	60	(a) In this section, "emissions event" and "regulated entity" have
61	61	the meanings assigned by Section 382.0215.
62	62	(b) The commission shall conduct a study on the efficacy of
63	63	imposing on the owner or operator of a regulated entity that reports
64	64	an emissions event a penalty of not less than $1 per pound of each
65	65	pollutant classified under Subsection (c) released that:
66	66	(1) exceeds an authorized emission limit for the
67	67	pollutant; or
68	68	(2) is not authorized by any permit, permit by rule, or
69	69	regulation.
70	70	(c) The commission shall assess which pollutants to include
71	71	in penalties described under Subsection (b) based on risks posed
72	72	to:
73	73	(1) human health;
74	74	(2) public safety; and
75	75	(3) environmental health.
76	76	(d) The commission shall examine the potential effects of
77	77	the penalty described under Subsection (b), including:
78	78	(1) the potential to improve compliance amongst
79	79	operators; and
80	80	(2) anticipated costs to facilities as a result of
81	81	penalties described under Subsection (b).
82	82	(e) Not later than March 1, 2024, the commission shall
83	83	prepare and submit to the governor, the lieutenant governor, and
84	84	the legislature a report on the findings of the study.
85	85	(f) This section expires September 1, 2029.
86	86	SECTION 4. Section 7.052, Water Code, is amended by
87	87	amending Subsections (a), (b), (b-1), (b-2), (b-4), and (c) and
88	88	adding Subsection (b-5) to read as follows:
89	89	(a) The amount of the penalty for each [a] violation of
90	90	Chapter 37 of this code, Chapter 366, 371, or 372, Health and Safety
91	91	Code, or Chapter 1903, Occupations Code, may not exceed the greater
92	92	of $5,000 a day or the amount per day published under Section 7.0522
93	93	[for each violation].
94	94	(b) Except as provided by Subsection (b-3), the amount of
95	95	the penalty for operating a rock crusher or a concrete plant that
96	96	performs wet batching, dry batching, or central mixing, that is
97	97	required to obtain a permit under Section 382.0518, Health and
98	98	Safety Code, and that is operating without the required permit is
99	99	the greater of $10,000 or the amount published under Section
100	100	7.0522. Each day that a continuing violation occurs is a separate
101	101	violation.
102	102	(b-1) The amount of the penalty assessed against a
103	103	manufacturer that does not label its computer equipment or covered
104	104	television equipment or adopt and implement a recovery plan as
105	105	required by Section 361.955, 361.975, or 361.978, Health and Safety
106	106	Code, as applicable, may not exceed the greater of $10,000 for the
107	107	second violation, [or] $25,000 for each subsequent violation, or
108	108	the amount published under Section 7.0522. A penalty under this
109	109	subsection is in addition to any other penalty that may be assessed
110	110	for a violation of Subchapter Y or Z, Chapter 361, Health and Safety
111	111	Code.
112	112	(b-2) Except as provided by Subsection (b-1), the amount of
113	113	the penalty for a violation of Subchapter Y or Z, Chapter 361,
114	114	Health and Safety Code, may not exceed $1,000 for the second
115	115	violation, [or] $2,000 for each subsequent violation, or the amount
116	116	published under Section 7.0522. A penalty under this subsection is
117	117	in addition to any other penalty that may be assessed for a
118	118	violation of Subchapter Y or Z, Chapter 361, Health and Safety Code.
119	119	(b-4) Except as provided by Subsection (b-5), the [The]
120	120	amount of the penalty against a facility operator who violates
121	121	Chapter 505, Health and Safety Code, or a rule adopted or order
122	122	issued under that chapter, for each day a violation continues, may
123	123	not exceed $500 a day or the amount per day published under Section
124	124	7.0522 [for each day a violation continues] with a total for each
125	125	violation not to exceed $5,000 or the total amount published under
126	126	Section 7.0522 [for each violation]. Except as provided by
127	127	Subsection (b-5), the [The] amount of a penalty against a facility
128	128	operator who violates Chapter 506 or 507, Health and Safety Code, or
129	129	a rule adopted or order issued under those chapters, for each day a
130	130	violation continues, may not exceed $50 a day or the amount per day
131	131	published under Section 7.0522 [for each day a violation continues]
132	132	with a total for each violation not to exceed $1,000 or the total
133	133	amount published under Section 7.0522 [for each violation].
134	134	(b-5) The amount of a penalty assessed under Subsection
135	135	(b-4) must be tripled if a first responder who is not employed at
136	136	the facility that is the subject of the penalty, or who does not
137	137	participate in a shared service agreement with another facility, is
138	138	injured as a result of exposure to hazardous material while
139	139	responding to an incident at the facility.
140	140	(c) The amount of the penalty for each [all] other violation
141	141	[violations] within the jurisdiction of the commission to enforce
142	142	may not exceed $25,000 a day or the amount per day published under
143	143	Section 7.0522 [for each violation].
144	144	SECTION 5. Effective September 1, 2025, Section 7.052(c),
145	145	Water Code, is amended to read as follows:
146	146	(c) The amount of the penalty for each [all] other violation
147	147	[violations] within the jurisdiction of the commission to enforce
148	148	may not exceed $50,000 [$25,000] a day or the amount published under
149	149	Section 7.0522 [for each violation].
150	150	SECTION 6. Subchapter C, Chapter 7, Water Code, is amended
151	151	by adding Sections 7.0521 and 7.0522 to read as follows:
152	152	Sec. 7.0521. INCREASE OF AMOUNT OF PENALTY FOR CERTAIN
153	153	VIOLATIONS. Notwithstanding Section 7.052, Section 7.0525, or any
154	154	other provision of law, the commission may increase the amount of a
155	155	penalty assessed under this subchapter by an amount not to exceed 50
156	156	percent of the maximum authorized penalty if the alleged violator
157	157	has a history of previous violations.
158	158	Sec. 7.0522. INFLATION ADJUSTMENT OF AMOUNT OF CERTAIN
159	159	PENALTIES. (a) The commission annually shall compute and publish a
160	160	dollar amount to reflect inflation for the penalty amounts in:
161	161	(1) Section 7.052; and
162	162	(2) Section 7.103.
163	163	(b) In making the computation under Subsection (a), the
164	164	commission shall consider the Consumer Price Index for All Urban
165	165	Consumers, or its successor in function, published by the United
166	166	States Bureau of Labor Statistics.
167	167	(c) The commission shall use 2025 as the base year and
168	168	adjust the dollar amounts, effective on September 1 of each year.
169	169	(d) The commission shall make available to the public
170	170	information regarding adjustments made under this section.
171	171	(e) The commission may adopt rules as necessary to
172	172	administer this section.
173	173	SECTION 7. Sections 7.0525(a) and (b), Water Code, are
174	174	amended to read as follows:
175	175	(a) Except as provided by Subsection (b), the amount of the
176	176	penalty for a violation of Section 374.252, Health and Safety Code,
177	177	may not exceed $5,000 or the amount published under Section 7.0522.
178	178	(b) The amount of the penalty for a violation of Section
179	179	374.252(a)(3), Health and Safety Code, may not exceed $10,000 or
180	180	the amount published under Section 7.0522.
181	181	SECTION 8. Section 7.102, Water Code, is amended to read as
182	182	follows:
183	183	Sec. 7.102. MAXIMUM PENALTY. (a) A person who causes,
184	184	suffers, allows, or permits a violation of a statute, rule, order,
185	185	or permit relating to Chapter 37 of this code, Chapter 366, 371, or
186	186	372, Health and Safety Code, Subchapter G, Chapter 382, Health and
187	187	Safety Code, or Chapter 1903, Occupations Code, shall be assessed
188	188	for each day of each violation a civil penalty, as the court or jury
189	189	considers proper:
190	190	(1) of not less than $50 nor greater than $5,000; or
191	191	(2) in the amount per day published under Section
192	192	7.0522 [for each day of each violation as the court or jury
193	193	considers proper].
194	194	(b) A person who causes, suffers, allows, or permits a
195	195	violation of a statute, rule, order, or permit relating to any other
196	196	matter within the commission's jurisdiction to enforce, other than
197	197	violations of Chapter 11, 12, 13, 16, or 36 of this code, or Chapter
198	198	341, Health and Safety Code, shall be assessed for each day of each
199	199	violation a civil penalty, as the court or jury considers proper:
200	200	(1) of not less than $100 [$50] nor greater than
201	201	$50,000; or
202	202	(2) in the amount per day published under Section
203	203	7.0522 [$25,000 for each day of each violation as the court or jury
204	204	considers proper].
205	205	(c) Each day of a continuing violation is a separate
206	206	violation.
207	207	SECTION 9. Section 7.1021, Water Code, is amended by
208	208	amending Subsection (a) and adding Subsection (a-1) to read as
209	209	follows:
210	210	(a) Except as provided by Subsection (a-1), a [A] person who
211	211	knowingly discloses false information or negligently fails to
212	212	disclose a hazard as required by Chapter 505 or 506, Health and
213	213	Safety Code, is subject to a civil penalty of not more than $5,000
214	214	for each violation.
215	215	(a-1) The amount of a penalty assessed under Subsection (a)
216	216	must be tripled if a first responder who is not employed at the
217	217	facility that is the subject of the penalty, or who does not
218	218	participate in a shared service agreement with another facility, is
219	219	injured as a result of exposure to hazardous material while
220	220	responding to an incident at the facility.
221	221	SECTION 10. Section 7.103, Water Code, is amended to read as
222	222	follows:
223	223	Sec. 7.103. CONTINUING VIOLATIONS. (a) If it is shown on a
224	224	trial of a defendant that the defendant has previously been
225	225	assessed a civil penalty for a violation of a statute within the
226	226	commission's jurisdiction or a rule adopted or an order or a permit
227	227	issued under such a statute within the year before the date on which
228	228	the violation being tried occurred, the defendant shall be assessed
229	229	a civil penalty:
230	230	(1) of not less than $200 [$100] nor greater than
231	231	$50,000 [$25,000] for each subsequent day and for each subsequent
232	232	violation; or
233	233	(2) in the amount per day published under Section
234	234	7.0522.
235	235	(b) Each day of a continuing violation is a separate
236	236	violation.
237	237	SECTION 11. Section 374.252, Health and Safety Code, as
238	238	amended by this Act, applies only to an enforcement action
239	239	initiated by the Texas Commission on Environmental Quality on or
240	240	after the effective date of this Act. An enforcement action
241	241	initiated before the effective date of this Act is governed by the
242	242	law in effect immediately before the effective date of this Act, and
243	243	the former law is continued in effect for that purpose.
244	244	SECTION 12. Sections 7.052, 7.0525, 7.102, 7.1021, and
245	245	7.103, Water Code, as amended by this Act, and Sections 7.0521 and
246	246	7.0522, Water Code, as added by this Act, apply only to a violation
247	247	that occurs on or after the effective date of this Act. For
248	248	purposes of this section, a violation occurs before the effective
249	249	date of this Act if any element of the violation occurs before that
250	250	date.
251	251	SECTION 13. Except as provided by Section 5 of this Act,
252	252	this Act takes effect September 1, 2023.