Bill Text: TX SB1719 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the permitting processes of the Texas Commission on Environmental Quality.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-05-11 - Co-author authorized [SB1719 Detail]
Download: Texas-2023-SB1719-Introduced.html
By: Zaffirini | S.B. No. 1719 | |
|
||
|
||
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is repealed.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 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. |