Bill Text: TX HB4116 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to a voluntary financial assurance program for permit holders under the Texas Pollutant Discharge Elimination System.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2019-05-07 - Referred to Natural Resources & Economic Development [HB4116 Detail]
Download: Texas-2019-HB4116-Introduced.html
Bill Title: Relating to a voluntary financial assurance program for permit holders under the Texas Pollutant Discharge Elimination System.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2019-05-07 - Referred to Natural Resources & Economic Development [HB4116 Detail]
Download: Texas-2019-HB4116-Introduced.html
86R11641 SLB-D | ||
By: Zwiener | H.B. No. 4116 |
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relating to a voluntary financial assurance program for permit | ||
holders under the National Pollutant Discharge Elimination System. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 26, Water Code, is amended | ||
by adding Section 26.054 to read as follows: | ||
Sec. 26.054. VOLUNTARY FINANCIAL ASSURANCE PROGRAM. (a) | ||
In this section, "permit holder" means the holder of a permit to | ||
discharge effluent into any body of water under the NPDES. | ||
(b) The commission shall establish a program to allow a | ||
permit holder to deposit with the commission an amount of money or | ||
evidence of equivalent financial assurance to be held in escrow by | ||
the commission to be used in the event the permit holder causes a | ||
discharge that results in damage to the environment. | ||
(c) The commission shall adopt rules necessary to implement | ||
the program created under this section, including: | ||
(1) establishing a standard escrow agreement | ||
describing the terms of the escrow and withdrawals from the escrow | ||
account; | ||
(2) determining the amount and types of financial | ||
assurance to be deposited under Subsection (b); and | ||
(3) establishing the procedure for withdrawing money | ||
or using financial instruments held in escrow to pay for the | ||
remediation of damage caused by a discharge of effluent by the | ||
permit holder. | ||
(d) The terms of the standard escrow agreement must allow | ||
for an agreement to be for the same term as the discharge permit | ||
held by the permit holder. | ||
(e) The commission shall hold a public meeting in a | ||
municipality in which a permit holder chooses to participate in the | ||
program described by this section to present information about the | ||
program and the permit holder's participation. | ||
SECTION 2. This Act takes effect September 1, 2019. |