Texas 2023 - 88th Regular

Texas Senate Bill SB1719 Compare Versions

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1	1	By: Zaffirini S.B. No. 1719
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the permitting processes of the Texas Commission on
7	7	Environmental Quality.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS
9	9	SECTION 1. Section 361.064, Health and Safety Code, is
10	10	amended by adding Subsections (c), (d), and (e), to read as follows:
11	11	(c) The commission may impose penalties on any applicant who
12	12	files an application in bad faith, with the amount of the penalty to
13	13	be determined by rulemaking considering the nature of the bad faith
14	14	conduct, the harm caused by the conduct, and any prior violations
15	15	by the applicant in determining the penalty.
16	16	(d) The commission shall impose reasonable fees for filing
17	17	amendments to permits, except that the first amendment filed for
18	18	the same application shall not have any associated filing fees.
19	19	Such fees shall be based on the actual cost to the commission to
20	20	process the amendments.
21	21	(e) Notwithstanding any other provision of law, any fees
22	22	associated with an application for a permit under Section 361.061
23	23	shall be adjusted annually by the commission to reflect the cost of
24	24	inflation as determined by the consumer price index.
25	25	SECTION 2. Subsection 361.089(f), Health and Safety Code,
26	26	is repealed.
27	27	SECTION 3. Section 361.089, Health and Safety Code, is
28	28	amended by adding Subsections (f) and (g) and amending Subsection
29	29	(e)(2) to read as follows:
30	30	(e) The commission may deny an original or renewal permit if
31	31	it is found, after notice and hearing, that:
32	32	(1) the applicant or permit holder has a compliance
33	33	history that is classified as unsatisfactory according to
34	34	commission standards under Sections 5.753 and 5.754, Water Code,
35	35	and rules adopted and procedures developed under those sections;
36	36	[(2) the permit holder or applicant made a false or
37	37	misleading statement in connection with an original or renewal
38	38	application, either in the formal application or in any other
39	39	written instrument relating to the application submitted to the
40	40	commission, its officers, or its employees;]
41	41	(2) the permit holder or applicant is indebted to the
42	42	state for fees, payment of penalties, or taxes imposed by
43	43	this title or by a rule of the commission; or
44	44	(3) the permit holder or applicant is unable to ensure
45	45	that the management of the hazardous waste management facility
46	46	conforms or will conform to this title and the rules of the
47	47	commission.
48	48	(f) The commission shall deny an original or renewal permit
49	49	if it is found, after notice and hearing, that the permit holder or
50	50	applicant made a materially false or misleading statement in
51	51	connection with an original or renewal application, either in the
52	52	formal application or any other written instrument relating to the
53	53	application submitted to the commission, its officers, or its
54	54	employees.
55	55	(g) The commission shall deny an original or renewal permit:
56	56	(1) if the permit holder or applicant files more than
57	57	three amendments to the same application; or
58	58	(2) five years after the day the application for a
59	59	permit is submitted if the application is not administratively
60	60	complete under Section 361.068.
61	61	(h) For purposes of this section, the terms "permit holder"
62	62	and "applicant" include each member of a partnership or association
63	63	and, with respect to a corporation, each officer and the owner or
64	64	owners of a majority of the corporate stock, provided such partner
65	65	or owner controls at least 20 percent of the permit holder or
66	66	applicant and at least 20 percent of another business which
67	67	operates a solid waste management facility.
68	68	SECTION 4. This act takes effect September 1, 2023.