Bill Text: TX SB673 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the authority of the Texas Commission on Environmental Quality to approve certain supplemental environmental projects undertaken by local governments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-26 - Left pending in committee [SB673 Detail]
Download: Texas-2011-SB673-Introduced.html
| 82R3980 KJM-D | ||
| By: Gallegos | S.B. No. 673 | |
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| relating to the authority of the Texas Commission on Environmental | ||
| Quality to approve certain supplemental environmental projects | ||
| undertaken by local governments. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 7.067, Water Code, is amended to read as | ||
| follows: | ||
| Sec. 7.067. SUPPLEMENTAL ENVIRONMENTAL PROJECTS. (a) The | ||
| commission may compromise, modify, or remit, with or without | ||
| conditions, an administrative penalty imposed under this | ||
| subchapter. In determining the appropriate amount of a penalty for | ||
| settlement of an administrative enforcement matter, the commission | ||
| may consider a respondent's willingness to contribute to | ||
| supplemental environmental projects that are approved by the | ||
| commission, giving preference to projects that benefit the | ||
| community in which the alleged violation occurred. The commission | ||
| may encourage the cleanup of contaminated property through the use | ||
| of supplemental environmental projects. The commission may approve | ||
| a supplemental environmental project with activities in territory | ||
| of the United Mexican States if the project substantially benefits | ||
| territory in this state in a manner described by Subsection (b). | ||
| Except as provided by Subsection (a-1), the [ |
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| not approve a project that is necessary to bring a respondent into | ||
| compliance with environmental laws, that is necessary to remediate | ||
| environmental harm caused by the respondent's alleged violation, or | ||
| that the respondent has already agreed to perform under a | ||
| preexisting agreement with a governmental agency. | ||
| (a-1) The commission may approve a supplemental | ||
| environmental project that is necessary to bring a respondent into | ||
| compliance with environmental laws, that is necessary to remediate | ||
| environmental harm caused by the respondent's alleged violation, or | ||
| that the respondent has already agreed to perform under a | ||
| preexisting agreement with a governmental agency if the respondent | ||
| is a local government. | ||
| (b) In this section: | ||
| (1) "Local government" means a school district, | ||
| county, municipality, junior college district, river authority, | ||
| water district or other special district, or other political | ||
| subdivision created under the constitution or a statute of this | ||
| state. | ||
| (2) "Supplemental [ |
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| project" means a project that prevents pollution, reduces the | ||
| amount of pollutants reaching the environment, enhances the quality | ||
| of the environment, or contributes to public awareness of | ||
| environmental matters. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2011. | ||
