By: Zaffirini S.B. No. 1719
A BILL TO BE ENTITLED
AN ACT
relating to the permitting processes of the Texas Commission on
Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS
SECTION 1. Section 361.064, Health and Safety Code, is
amended by adding Subsections (c), (d), and (e), to read as follows:
(c) The commission may impose penalties on any applicant who
files an application in bad faith, with the amount of the penalty to
be determined by rulemaking considering the nature of the bad faith
conduct, the harm caused by the conduct, and any prior violations
by the applicant in determining the penalty.
(d) The commission shall impose reasonable fees for filing
amendments to permits, except that the first amendment filed for
the same application shall not have any associated filing fees.
Such fees shall be based on the actual cost to the commission to
process the amendments.
(e) Notwithstanding any other provision of law, any fees
associated with an application for a permit under Section 361.061
shall be adjusted annually by the commission to reflect the cost of
inflation as determined by the consumer price index.
SECTION 2. Subsection 361.089(f), Health and Safety Code,
is repealed.
SECTION 3. Section 361.089, Health and Safety Code, is
amended by adding Subsections (f) and (g) and amending Subsection
(e)(2) to read as follows:
(e) The commission may deny an original or renewal permit if
it is found, after notice and hearing, that:
(1) the applicant or permit holder has a compliance
history that is classified as unsatisfactory according to
commission standards under Sections 5.753 and 5.754, Water Code,
and rules adopted and procedures developed under those sections;
[(2) the permit holder or applicant made a false or
misleading statement in connection with an original or renewal
application, either in the formal application or in any other
written instrument relating to the application submitted to the
commission, its officers, or its employees;]
(2) the permit holder or applicant is indebted to the
state for fees, payment of penalties, or taxes imposed by
this title or by a rule of the commission; or
(3) the permit holder or applicant is unable to ensure
that the management of the hazardous waste management facility
conforms or will conform to this title and the rules of the
commission.
(f) The commission shall deny an original or renewal permit
if it is found, after notice and hearing, that the permit holder or
applicant made a materially false or misleading statement in
connection with an original or renewal application, either in the
formal application or any other written instrument relating to the
application submitted to the commission, its officers, or its
employees.
(g) The commission shall deny an original or renewal permit:
(1) if the permit holder or applicant files more than
three amendments to the same application; or
(2) five years after the day the application for a
permit is submitted if the application is not administratively
complete under Section 361.068.
(h) For purposes of this section, the terms "permit holder"
and "applicant" include each member of a partnership or association
and, with respect to a corporation, each officer and the owner or
owners of a majority of the corporate stock, provided such partner
or owner controls at least 20 percent of the permit holder or
applicant and at least 20 percent of another business which
operates a solid waste management facility.
SECTION 4. This act takes effect September 1, 2023.