Bill Text: TX HB2694 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the continuation and functions of the Texas Commission on Environmental Quality and abolishing the On-site Wastewater Treatment Research Council.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB2694 Detail]
Download: Texas-2011-HB2694-Comm_Sub.html
Bill Title: Relating to the continuation and functions of the Texas Commission on Environmental Quality and abolishing the On-site Wastewater Treatment Research Council.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB2694 Detail]
Download: Texas-2011-HB2694-Comm_Sub.html
82R17886 SLB-D | |||
By: Smith of Harris | H.B. No. 2694 | ||
Substitute the following for H.B. No. 2694: | |||
By: Chisum | C.S.H.B. No. 2694 |
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relating to the continuation and functions of the Texas Commission | ||
on Environmental Quality and abolishing the On-site Wastewater | ||
Treatment Research Council. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. GENERAL PROVISIONS | ||
SECTION 1.01. The heading to Chapter 5, Water Code, is | ||
amended to read as follows: | ||
CHAPTER 5. TEXAS [ |
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ENVIRONMENTAL QUALITY | ||
SECTION 1.02. Section 5.014, Water Code, is amended to read | ||
as follows: | ||
Sec. 5.014. SUNSET PROVISION. The Texas [ |
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Chapter 325, Government Code (Texas Sunset Act). Unless continued | ||
in existence as provided by that chapter, the commission is | ||
abolished and this chapter expires September 1, 2023 [ |
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SECTION 1.03. Subchapter C, Chapter 5, Water Code, is | ||
amended by adding Section 5.061 to read as follows: | ||
Sec. 5.061. PROHIBITION ON ACCEPTING CAMPAIGN | ||
CONTRIBUTIONS. A member of the commission may not accept a | ||
contribution to a campaign for election to an elected office. If a | ||
member of the commission accepts a campaign contribution, the | ||
person is considered to have resigned from the office and the office | ||
immediately becomes vacant. The vacancy shall be filled in the | ||
manner provided by law. | ||
SECTION 1.04. Subchapter D, Chapter 5, Water Code, is | ||
amended by adding Section 5.1031 to read as follows: | ||
Sec. 5.1031. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE | ||
RESOLUTION. (a) The commission shall develop and implement a | ||
policy to encourage the use of: | ||
(1) negotiated rulemaking procedures under Chapter | ||
2008, Government Code, for the adoption of commission rules; and | ||
(2) appropriate alternative dispute resolution | ||
procedures under Chapter 2009, Government Code, to assist in the | ||
resolution of internal and external disputes under the commission's | ||
jurisdiction. | ||
(b) The commission's procedures relating to alternative | ||
dispute resolution must conform, to the extent possible, to any | ||
model guidelines issued by the State Office of Administrative | ||
Hearings for the use of alternative dispute resolution by state | ||
agencies. | ||
(c) The commission shall: | ||
(1) coordinate the implementation of the policy | ||
adopted under Subsection (a); | ||
(2) provide training as needed to implement the | ||
procedures for negotiated rulemaking or alternative dispute | ||
resolution; and | ||
(3) collect data concerning the effectiveness of those | ||
procedures. | ||
SECTION 1.05. Section 5.2291(b), Water Code, is amended to | ||
read as follows: | ||
(b) Except as provided by Section 5.2292, the [ |
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procurement of a contract for scientific and technical | ||
environmental services shall be conducted under the procedures for | ||
professional services selection provided in Subchapter A, Chapter | ||
2254, Government Code. | ||
SECTION 1.06. Subchapter F, Chapter 5, Water Code, is | ||
amended by adding Section 5.2292 to read as follows: | ||
Sec. 5.2292. CONTRACTS FOR SERVICES UNDER PETROLEUM STORAGE | ||
TANK STATE-LEAD PROGRAM. (a) The executive director may directly | ||
award a contract for scientific and technical environmental | ||
services to a person if: | ||
(1) the contract is for the performance of services | ||
related to the remediation of a site that has been placed in the | ||
state-lead program under Section 26.3573(r-1); | ||
(2) the person has registered to perform corrective | ||
action under Section 26.364; | ||
(3) the person is eligible to receive a contract award | ||
from the state; | ||
(4) the person was performing related work at the site | ||
on or before July 1, 2011; and | ||
(5) the contract includes all contract provisions | ||
required for state contracts. | ||
(b) Notwithstanding Section 2254.004, Government Code, the | ||
executive director may directly award a contract for engineering | ||
services to a person if: | ||
(1) the contract is for the performance of services | ||
related to the remediation of a site that has been placed in the | ||
state-lead program under Section 26.3573(r-1); | ||
(2) the person is licensed under Chapter 1001, | ||
Occupations Code; | ||
(3) the person has registered to perform corrective | ||
action under Section 26.364; | ||
(4) the person is eligible to receive a contract award | ||
from the state; | ||
(5) the person was performing related work at the site | ||
on or before July 1, 2011; and | ||
(6) the contract includes all contract provisions | ||
required for state contracts. | ||
(c) Nothing in Subsection (a) or (b) requires the executive | ||
director to make an award at a site or prevents the executive | ||
director from negotiating additional contract terms, including | ||
qualifications. | ||
SECTION 1.07. Section 12.052(a), Water Code, is amended to | ||
read as follows: | ||
(a) The commission shall make and enforce rules and orders | ||
and shall perform all other acts necessary to provide for the safe | ||
construction, maintenance, repair, and removal of dams located in | ||
this state. In performing the commission's duties under this | ||
subsection, the commission shall identify and focus on the most | ||
hazardous dams in the state. | ||
ARTICLE 2. TRANSFER OF CERTAIN DUTIES TO THE RAILROAD COMMISSION | ||
SECTION 2.01. Section 91.011, Natural Resources Code, is | ||
amended to read as follows: | ||
Sec. 91.011. CASING. (a) Before drilling into the oil or | ||
gas bearing rock, the owner or operator of a well being drilled for | ||
oil or gas shall encase the well with good and sufficient wrought | ||
iron or steel casing or with any other material that meets standards | ||
adopted by the commission, particularly where wells could be | ||
subjected to corrosive elements or high pressures and temperatures, | ||
in a manner and to a depth that will exclude surface or fresh water | ||
from the lower part of the well from penetrating the oil or gas | ||
bearing rock, and if the well is drilled through the first into the | ||
lower oil or gas bearing rock, the well shall be cased in a manner | ||
and to a depth that will exclude fresh water above the last oil or | ||
gas bearing rock penetrated. | ||
(b) The commission shall adopt rules regarding the depth of | ||
well casings necessary to meet the requirements of this section. | ||
SECTION 2.02. Subchapter B, Chapter 91, Natural Resources | ||
Code, is amended by adding Section 91.0115 to read as follows: | ||
Sec. 91.0115. CASING; LETTER OF DETERMINATION. (a) The | ||
commission shall issue, on request from an applicant for a permit | ||
for a well to be drilled into oil or gas bearing rock, a letter of | ||
determination stating the total depth of surface casing required | ||
for the well by Section 91.011. | ||
(b) The commission may charge a fee in an amount to be | ||
determined by the commission for a letter of determination. | ||
(c) The commission shall charge a fee not to exceed $75, in | ||
addition to the fee required by Subsection (b), for processing a | ||
request to expedite a letter of determination. Money collected | ||
under this subsection may be used to study and evaluate electronic | ||
access to geologic data and surface casing depths under Section | ||
91.020. | ||
SECTION 2.03. Subchapter B, Chapter 91, Natural Resources | ||
Code, is amended by adding Section 91.020 to read as follows: | ||
Sec. 91.020. ELECTRONIC GEOLOGIC DATA. The commission | ||
shall work cooperatively with other appropriate state agencies to | ||
study and evaluate electronic access to geologic data and surface | ||
casing depths necessary to protect usable groundwater in this | ||
state. | ||
SECTION 2.04. Subchapter D, Chapter 91, Natural Resources | ||
Code, is amended by adding Section 91.1015 to read as follows: | ||
Sec. 91.1015. GROUNDWATER PROTECTION REQUIREMENTS. The | ||
commission shall adopt rules to establish groundwater protection | ||
requirements for operations that are within the jurisdiction of the | ||
commission, including requirements relating to the depth of surface | ||
casing for wells. | ||
SECTION 2.05. Section 27.033, Water Code, is amended to | ||
read as follows: | ||
Sec. 27.033. LETTER OF DETERMINATION [ |
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for a permit under this chapter shall submit with the application a | ||
letter of determination from the railroad commission [ |
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well and injecting oil and gas waste into the subsurface stratum | ||
will not endanger the freshwater strata in that area and that the | ||
formation or stratum to be used for the disposal is not freshwater | ||
sand. | ||
SECTION 2.06. Section 27.046, Water Code, is amended to | ||
read as follows: | ||
Sec. 27.046. LETTER OF DETERMINATION [ |
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under rules adopted under this subchapter until the railroad | ||
commission issues to the applicant for the permit [ |
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carbon dioxide injection well for geologic storage or operating the | ||
geologic storage facility will not injure any freshwater strata in | ||
that area and that the formation or stratum to be used for the | ||
geologic storage facility is not freshwater sand. | ||
(b) To make the determination required by Subsection (a), | ||
the railroad commission [ |
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(1) the area of review and corrective action plans; | ||
(2) any subsurface monitoring plans required during | ||
injection or post injection; | ||
(3) any postinjection site care plans; and | ||
(4) any other elements of the application reasonably | ||
required in order for the railroad commission [ |
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to make the determination required by Subsection (a). | ||
(c) The railroad commission shall adopt rules to implement | ||
and administer this section. | ||
SECTION 2.07. Section 5.701(r), Water Code, is repealed. | ||
SECTION 2.08. (a) The Railroad Commission of Texas shall | ||
adopt rules to implement the changes in law made by this article not | ||
later than March 1, 2012. | ||
(b) A rule, form, policy, or procedure of the Texas | ||
Commission on Environmental Quality related to the changes in law | ||
made by this article continues in effect as a rule, form, policy, or | ||
procedure of the Railroad Commission of Texas and remains in effect | ||
until amended or replaced by that agency. | ||
ARTICLE 3. PUBLIC INTEREST | ||
SECTION 3.01. Subchapter F, Chapter 5, Water Code, is | ||
amended by adding Section 5.239 to read as follows: | ||
Sec. 5.239. PUBLIC EDUCATION AND ASSISTANCE. (a) The | ||
executive director shall ensure that the agency is responsive to | ||
environmental and citizens' concerns, including environmental | ||
quality and consumer protection. | ||
(b) The executive director shall develop and implement a | ||
program to: | ||
(1) provide a centralized point for the public to | ||
access information about the commission and to learn about matters | ||
regulated by the commission; | ||
(2) identify and assess the concerns of the public in | ||
regard to matters regulated by the commission; and | ||
(3) respond to the concerns identified by the program. | ||
SECTION 3.02. Section 5.271, Water Code, is amended to read | ||
as follows: | ||
Sec. 5.271. CREATION AND GENERAL RESPONSIBILITY OF THE | ||
OFFICE OF PUBLIC INTEREST COUNSEL. The office of public interest | ||
counsel is created to ensure that the commission promotes the | ||
public's interest [ |
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The primary duty of the office is to represent the public interest | ||
as a party to matters before the commission. | ||
SECTION 3.03. Subchapter G, Chapter 5, Water Code, is | ||
amended by adding Section 5.2725 to read as follows: | ||
Sec. 5.2725. ANNUAL REPORT; PERFORMANCE MEASURES. (a) The | ||
office of public interest counsel shall report to the commission | ||
each year in a public meeting held on a date determined by the | ||
commission to be timely for the commission to include the reported | ||
information in the commission's reports under Sections 5.178(a) and | ||
(b) and in the commission's biennial legislative appropriations | ||
requests as appropriate: | ||
(1) an evaluation of the office's performance in | ||
representing the public interest in the preceding year; | ||
(2) an assessment of the budget needs of the office, | ||
including the need to contract for outside expertise; and | ||
(3) any legislative or regulatory changes recommended | ||
under Section 5.273. | ||
(b) The commission and the office of public interest counsel | ||
shall work cooperatively to identify performance measures for the | ||
office. | ||
SECTION 3.04. Subchapter G, Chapter 5, Water Code, is | ||
amended by adding Section 5.276 to read as follows: | ||
Sec. 5.276. FACTORS FOR PUBLIC INTEREST REPRESENTATION. | ||
(a) The commission by rule, after consideration of recommendations | ||
from the office of public interest counsel, shall establish factors | ||
the public interest counsel must consider before the public | ||
interest counsel decides to represent the public interest as a | ||
party to a commission proceeding. | ||
(b) Rules adopted under this section must include: | ||
(1) factors to determine the nature and extent of the | ||
public interest; and | ||
(2) factors to consider in prioritizing the workload | ||
of the office of public interest counsel. | ||
ARTICLE 4. COMPLIANCE AND ENFORCEMENT | ||
SECTION 4.01. Section 5.751, Water Code, is amended to read | ||
as follows: | ||
Sec. 5.751. APPLICABILITY. This subchapter applies to | ||
programs under the jurisdiction of the commission under Chapters | ||
26, [ |
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401, Health and Safety Code. It does not apply to occupational | ||
licensing programs under the jurisdiction of the commission. | ||
SECTION 4.02. Section 5.752(1), Water Code, is amended to | ||
read as follows: | ||
(1) "Applicable legal requirement" means an | ||
environmental law, regulation, permit, order, consent[ |
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or other requirement. | ||
SECTION 4.03. The heading to Section 5.753, Water Code, is | ||
amended to read as follows: | ||
Sec. 5.753. STANDARDS [ |
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COMPLIANCE HISTORY. | ||
SECTION 4.04. Section 5.753, Water Code, is amended by | ||
amending Subsections (a), (b), and (d) and adding Subsection (d-1) | ||
to read as follows: | ||
(a) Consistent with other law and the requirements | ||
necessary to maintain federal program authorization, the | ||
commission by rule shall develop standards [ |
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evaluating and using compliance history. | ||
(b) The components of compliance history must include: | ||
(1) enforcement orders, court judgments, [ |
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requirements under the jurisdiction of the commission [ |
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(2) notwithstanding any other provision of this code, | ||
orders issued under Section 7.070; | ||
(3) to the extent readily available to the commission, | ||
enforcement orders, court judgments, consent decrees, and criminal | ||
convictions relating to violations of environmental rules [ |
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the United States Environmental Protection Agency [ |
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and | ||
(4) changes in ownership. | ||
(d) For purposes of using compliance history in any | ||
escalation of penalties, the commission may not use notices of | ||
violation unless the commission takes subsequent action or the | ||
person is classified as a repeat violator as determined according | ||
to criteria established under Section 5.754(c). If the commission | ||
includes a notice of violation in a compliance history, the listing | ||
must be preceded by the following statement prominently displayed: | ||
"A notice of violation represents a written allegation of a | ||
violation of a specific regulatory requirement from the commission | ||
to a regulated entity. A notice of violation is not a final | ||
enforcement action nor proof that a violation has actually | ||
occurred." [ |
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be without merit may [ |
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history. A notice of violation that is included in a compliance | ||
history shall be removed from the compliance history if the | ||
commission subsequently determines the notice of violation to be | ||
without merit. | ||
(d-1) For purposes of listing compliance history or using | ||
compliance history in any escalation of penalties, the commission | ||
may not include as a notice of violation deviations or violations | ||
provided by a person to the commission, such as deviations reported | ||
in discharge monitoring reports or Title V deviation reports, | ||
unless the commission issues a written notice of violation. Final | ||
enforcement orders or judgments resulting from self-reported | ||
deviations or violations may be considered as compliance history | ||
components for purposes of determining compliance history. | ||
SECTION 4.05. Section 5.754, Water Code, is amended by | ||
amending Subsections (a), (b), (c), (d), (e), (g), and (h) and | ||
adding Subsection (e-1) to read as follows: | ||
(a) The commission by rule shall establish a set of | ||
standards for the classification of a person's compliance history | ||
as a means of evaluating compliance history. The commission may | ||
consider the person's classification when using compliance history | ||
under Subsection (e). | ||
(b) Rules adopted under Subsection (a): | ||
(1) [ |
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classifications of compliance history in a manner adequate to | ||
distinguish among: | ||
(A) unsatisfactory [ |
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regulated entities that in the commission's judgment perform below | ||
minimal acceptable performance standards established by the | ||
commission [ |
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(B) satisfactory [ |
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regulated entities that generally comply with environmental | ||
regulations; and | ||
(C) [ |
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that have an above-satisfactory [ |
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(2) may establish a category of unclassified | ||
performers, or regulated entities for which the commission does not | ||
have adequate compliance information about the site; and | ||
(3) must take into account both positive and negative | ||
factors related to the operation, size, and complexity of the site, | ||
including whether the site is subject to Title V of the federal | ||
Clean Air Act (42 U.S.C. Section 7661 et seq.). | ||
(c) In classifying a person's compliance history, the | ||
commission shall: | ||
(1) determine whether a violation of an applicable | ||
legal requirement is of major, moderate, or minor significance; | ||
(2) establish criteria for classifying a repeat | ||
violator, giving consideration to the size [ |
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of the site at which the violations occurred, and limiting | ||
consideration to violations of the same nature and the same | ||
environmental media that occurred in the preceding five years | ||
[ |
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(3) consider: | ||
(A) the significance of the violation and whether | ||
the person is a repeat violator; | ||
(B) the size and complexity of the site, | ||
including whether the site is subject to Title V of the federal | ||
Clean Air Act (42 U.S.C. Section 7661 et seq.); and | ||
(C) the potential for a violation at the site | ||
that is attributable to the nature and complexity of the site. | ||
(d) The commission by rule may require [ |
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an entity's eligibility for participation in a program that | ||
requires a high level of compliance. | ||
(e) The commission by rule shall provide for the use of | ||
compliance history [ |
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regarding: | ||
(1) the issuance, renewal, amendment, modification, | ||
denial, suspension, or revocation of a permit; | ||
(2) enforcement; | ||
(3) the use of announced inspections; and | ||
(4) participation in innovative programs. | ||
(e-1) In using a person's compliance history classification | ||
for an enforcement purpose, the components used to determine that | ||
compliance history classification may not be used individually for | ||
penalty enhancement or escalation. | ||
(g) Rules adopted under Subsection (e) for the use of | ||
compliance history shall provide for additional oversight of, and | ||
review of applications regarding, facilities owned or operated by a | ||
person whose compliance performance is classified as | ||
unsatisfactory according to commission standards [ |
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(h) The commission by rule shall, at a minimum, prohibit a | ||
person whose compliance history is classified as unsatisfactory | ||
according to commission standards [ |
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the program administered by the commission under Chapter 382, | ||
Health and Safety Code, or participating in the regulatory | ||
flexibility program administered by the commission under Section | ||
5.758. | ||
SECTION 4.06. Section 5.755(b), Water Code, is amended to | ||
read as follows: | ||
(b) The strategically directed regulatory structure shall | ||
offer incentives based on: | ||
(1) a person's compliance history [ |
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and | ||
(2) any voluntary measures undertaken by the person to | ||
improve environmental quality. | ||
SECTION 4.07. Section 5.756, Water Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) Before compliance performance information about a site | ||
may be placed on the Internet under this subchapter, the | ||
information must be evaluated through a quality assurance and | ||
control procedure, including a 30-day period for the owner or | ||
operator of the site to review and comment on the information. | ||
SECTION 4.08. Sections 5.758(a), (b), (d), and (h), Water | ||
Code, are amended to read as follows: | ||
(a) The commission by order may exempt an applicant from a | ||
requirement of a statute or commission rule regarding the control | ||
or abatement of pollution if the applicant proposes to control or | ||
abate pollution by an alternative method or by applying an | ||
alternative standard that is: | ||
(1) as [ |
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public health as [ |
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statute or commission rule that would otherwise apply; and | ||
(2) not inconsistent with federal law. | ||
(b) The commission may not exempt an applicant under this | ||
section unless the applicant can present to the commission | ||
[ |
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is as protective of the environment and the public health as the | ||
method or standard prescribed by the statute or commission rule | ||
that would otherwise apply [ |
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(d) The commission's order must provide a [ |
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description of the alternative method or standard and condition the | ||
exemption on compliance with the method or standard as the order | ||
prescribes. | ||
(h) In implementing the program of regulatory flexibility | ||
authorized by this section, the commission shall: | ||
(1) promote [ |
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state through all available appropriate media; | ||
(2) endorse alternative methods that will clearly | ||
benefit the environment and impose the least onerous restrictions | ||
on business; | ||
(3) fix and enforce environmental standards, allowing | ||
businesses flexibility in meeting the standards in a manner that | ||
clearly enhances environmental outcomes; and | ||
(4) work to achieve consistent and predictable results | ||
for the regulated community and shorter waits for permit issuance. | ||
SECTION 4.09. Subchapter A, Chapter 7, Water Code, is | ||
amended by adding Section 7.006 to read as follows: | ||
Sec. 7.006. ENFORCEMENT POLICIES. (a) The commission by | ||
rule shall adopt a general enforcement policy that describes the | ||
commission's approach to enforcement. | ||
(b) The commission shall assess, update, and publicly adopt | ||
specific enforcement policies regularly, including policies | ||
regarding the calculation of penalties. | ||
(c) The commission shall make the policies available to the | ||
public, including by posting the policies on the commission's | ||
Internet website. | ||
SECTION 4.10. Sections 7.052(a) and (c), Water Code, are | ||
amended to read as follows: | ||
(a) The amount of the penalty for a violation of Chapter 37 | ||
of this code, Chapter 366, 371, or 372, Health and Safety Code, or | ||
Chapter 1903, Occupations Code, may not be less than $50 or greater | ||
than $5,000 [ |
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(c) The amount of the penalty for all other violations | ||
within the jurisdiction of the commission to enforce may not be less | ||
than $50 or greater than $25,000 [ |
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violation. | ||
SECTION 4.11. 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 or that is necessary to | ||
remediate environmental harm caused by the respondent's alleged | ||
violation if the respondent is a local government. | ||
(a-2) The commission shall develop a policy to prevent | ||
regulated entities from systematically avoiding compliance through | ||
the use of supplemental environmental projects under Subsection | ||
(a-1), including a requirement for an assessment of: | ||
(1) the respondent's financial ability to pay | ||
administrative penalties; | ||
(2) the ability of the respondent to remediate the | ||
harm or come into compliance; and | ||
(3) the need for corrective action. | ||
(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 4.12. Section 13.4151(a), Water Code, is amended to | ||
read as follows: | ||
(a) If a person, affiliated interest, or entity subject to | ||
the jurisdiction of the commission violates this chapter or a rule | ||
or order adopted under this chapter, the commission may assess a | ||
penalty against that person, affiliated interest, or entity as | ||
provided by this section. The penalty may be in an amount not less | ||
than $100 or greater than $5,000 [ |
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violation continues may be considered a separate violation. | ||
SECTION 4.13. Section 26.028(d), Water Code, is amended to | ||
read as follows: | ||
(d) Notwithstanding any other provision of this chapter, | ||
the commission, at a regular meeting without the necessity of | ||
holding a public hearing, may approve an application to renew or | ||
amend a permit if: | ||
(1) the applicant is not applying to: | ||
(A) increase significantly the quantity of waste | ||
authorized to be discharged; or | ||
(B) change materially the pattern or place of | ||
discharge; | ||
(2) the activities to be authorized by the renewed or | ||
amended permit will maintain or improve the quality of waste | ||
authorized to be discharged; | ||
(3) for NPDES permits, notice and the opportunity to | ||
request a public meeting shall be given in compliance with NPDES | ||
program requirements, and the commission shall consider and respond | ||
to all timely received and significant public comment; and | ||
(4) the commission determines that an applicant's | ||
compliance history under the method for using [ |
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compliance history developed by the commission under Section 5.754 | ||
raises no issues regarding the applicant's ability to comply with a | ||
material term of its permit. | ||
SECTION 4.14. Section 26.0281, Water Code, is amended to | ||
read as follows: | ||
Sec. 26.0281. CONSIDERATION OF COMPLIANCE HISTORY. In | ||
considering the issuance, amendment, or renewal of a permit to | ||
discharge effluent comprised primarily of sewage or municipal | ||
waste, the commission shall consider the compliance history of the | ||
applicant and its operator under the method for using [ |
||
compliance history developed by the commission under Section 5.754. | ||
In considering an applicant's compliance history under this | ||
subsection, the commission shall consider as evidence of compliance | ||
information regarding the applicant's implementation of an | ||
environmental management system at the facility for which the | ||
permit, permit amendment, or permit renewal is sought. In this | ||
section, "environmental management system" has the meaning | ||
assigned by Section 5.127. | ||
SECTION 4.15. Section 26.040(h), Water Code, is amended to | ||
read as follows: | ||
(h) Notwithstanding other provisions of this chapter, the | ||
commission, after hearing, shall deny or suspend a discharger's | ||
authority to discharge under a general permit if the commission | ||
determines that the discharger's compliance history is classified | ||
as unsatisfactory according to commission standards [ |
||
|
||
and procedures developed under those sections. A hearing under this | ||
subsection is not subject to Chapter 2001, Government Code. | ||
SECTION 4.16. Section 26.3467, Water Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) A person may not deliver any regulated substance into an | ||
underground storage tank regulated under this chapter unless the | ||
underground storage tank has been issued a valid, current | ||
underground storage tank registration and certificate of | ||
compliance under Section 26.346. The commission may impose an | ||
administrative penalty against a person who violates this | ||
subsection. The commission shall adopt rules as necessary to | ||
enforce this subsection. | ||
SECTION 4.17. Section 26.351, Water Code, is amended by | ||
adding Subsections (c-1) and (c-2) to read as follows: | ||
(c-1) The commission may undertake corrective action to | ||
remove an underground or aboveground storage tank that: | ||
(1) is not in compliance with the requirements of this | ||
chapter; | ||
(2) is out of service; | ||
(3) presents a contamination risk; and | ||
(4) is owned or operated by a person who is financially | ||
unable to remove the tank. | ||
(c-2) The commission shall adopt rules to implement | ||
Subsection (c-1), including rules regarding: | ||
(1) the determination of the financial ability of the | ||
tank owner or operator to remove the tank; and | ||
(2) the assessment of the potential risk of | ||
contamination from the site. | ||
SECTION 4.18. Section 26.3573(d), Water Code, is amended to | ||
read as follows: | ||
(d) The commission may use the money in the petroleum | ||
storage tank remediation account to pay: | ||
(1) necessary expenses associated with the | ||
administration of the petroleum storage tank remediation account | ||
and the groundwater protection cleanup program; | ||
(2) expenses associated with investigation, cleanup, | ||
or corrective action measures performed in response to a release or | ||
threatened release from a petroleum storage tank, whether those | ||
expenses are incurred by the commission or pursuant to a contract | ||
between a contractor and an eligible owner or operator as | ||
authorized by this subchapter; | ||
(3) subject to the conditions of Subsection (f), | ||
expenses associated with investigation, cleanup, or corrective | ||
action measures performed in response to a release or threatened | ||
release of hydraulic fluid or spent oil from hydraulic lift systems | ||
or tanks located at a vehicle service and fueling facility and used | ||
as part of the operations of that facility; [ |
||
(4) expenses associated with assuring compliance with | ||
the commission's applicable underground or aboveground storage | ||
tank administrative and technical requirements, including | ||
technical assistance and support, inspections, enforcement, and | ||
the provision of matching funds for grants; and | ||
(5) expenses associated with investigation, cleanup, | ||
or corrective action measures performed under Section 26.351(c-1). | ||
SECTION 4.19. Section 26.3574, Water Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-1) to read as | ||
follows: | ||
(b) A fee is imposed on the delivery of a petroleum product | ||
on withdrawal from bulk of that product as provided by this | ||
subsection. Each operator of a bulk facility on withdrawal from | ||
bulk of a petroleum product shall collect from the person who orders | ||
the withdrawal a fee in an amount determined as follows: | ||
(1) not more than $3.75 for each delivery into a cargo | ||
tank having a capacity of less than 2,500 gallons [ |
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|
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(2) not more than $7.50 for each delivery into a cargo | ||
tank having a capacity of 2,500 gallons or more but less than 5,000 | ||
gallons [ |
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|
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(3) not more than $11.75 for each delivery into a cargo | ||
tank having a capacity of 5,000 gallons or more but less than 8,000 | ||
gallons [ |
||
|
||
(4) not more than $15.00 for each delivery into a cargo | ||
tank having a capacity of 8,000 gallons or more but less than 10,000 | ||
gallons [ |
||
|
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(5) not more than $7.50 for each increment of 5,000 | ||
gallons or any part thereof delivered into a cargo tank having a | ||
capacity of 10,000 gallons or more [ |
||
|
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(b-1) The commission by rule shall set the amount of the fee | ||
in Subsection (b) in an amount not to exceed the amount necessary to | ||
cover the agency's costs of administering this subchapter, as | ||
indicated by the amount appropriated by the legislature from the | ||
petroleum storage tank remediation account for that purpose. | ||
SECTION 4.20. Section 27.025(g), Water Code, is amended to | ||
read as follows: | ||
(g) Notwithstanding the other provisions of this chapter, | ||
the commission, after hearing, shall deny or suspend authorization | ||
for the use of an injection well under a general permit if the | ||
commission determines that the owner's compliance history is | ||
classified as unsatisfactory according to commission standards [ |
||
|
||
adopted and procedures developed under those sections. A hearing | ||
under this subsection is not subject to the requirements relating | ||
to a contested case hearing under Chapter 2001, Government Code. | ||
SECTION 4.21. Section 27.051(d), Water Code, is amended to | ||
read as follows: | ||
(d) The commission, in determining if the use or | ||
installation of an injection well is in the public interest under | ||
Subsection (a)(1), shall consider, but shall not be limited to the | ||
consideration of: | ||
(1) compliance history of the applicant and related | ||
entities under the method for using [ |
||
developed by the commission under Section 5.754 and in accordance | ||
with the provisions of Subsection (e); | ||
(2) whether there is a practical, economic, and | ||
feasible alternative to an injection well reasonably available; and | ||
(3) if the injection well will be used for the disposal | ||
of hazardous waste, whether the applicant will maintain sufficient | ||
public liability insurance for bodily injury and property damage to | ||
third parties that is caused by sudden and non-sudden accidents or | ||
will otherwise demonstrate financial responsibility in a manner | ||
adopted by the commission in lieu of public liability insurance. A | ||
liability insurance policy which satisfies the policy limits | ||
required by the hazardous waste management regulations of the | ||
commission for the applicant's proposed pre-injection facilities | ||
shall be deemed "sufficient" under this subdivision if the policy: | ||
(A) covers the injection well; and | ||
(B) is issued by a company that is authorized to | ||
do business and to write that kind of insurance in this state and is | ||
solvent and not currently under supervision or in conservatorship | ||
or receivership in this state or any other state. | ||
SECTION 4.22. Section 32.101(c), Water Code, is amended to | ||
read as follows: | ||
(c) The commission, in determining if the use or | ||
installation of a subsurface area drip dispersal system is in the | ||
public interest under Subsection (a)(1), shall consider: | ||
(1) compliance history of the applicant and related | ||
entities under the method for using [ |
||
developed by the commission under Section 5.754 and in accordance | ||
with the provisions of Subsection (d) of this section; | ||
(2) whether there is a practical, economic, and | ||
feasible alternative to a subsurface area drip dispersal system | ||
reasonably available; and | ||
(3) any other factor the commission considers | ||
relevant. | ||
SECTION 4.23. Sections 361.089(a), (e), and (f), Health and | ||
Safety Code, are amended to read as follows: | ||
(a) The commission may, for good cause, deny or amend a | ||
permit it issues or has authority to issue for reasons pertaining to | ||
public health, air or water pollution, or land use, or for having a | ||
compliance history that is classified as unsatisfactory according | ||
to commission standards [ |
||
Sections 5.753 and 5.754, Water Code, and rules adopted and | ||
procedures developed under those sections. | ||
(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 [ |
||
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; | ||
(3) 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 | ||
(4) 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) Before denying a permit under this section, the | ||
commission must find: | ||
(1) that the applicant or permit holder has a | ||
compliance history that is classified as unsatisfactory according | ||
to commission standards [ |
||
Sections 5.753 and 5.754, Water Code, and rules adopted and | ||
procedures developed under those sections; or | ||
(2) that 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. | ||
SECTION 4.24. Section 382.0518(c), Health and Safety Code, | ||
is amended to read as follows: | ||
(c) In considering the issuance, amendment, or renewal of a | ||
permit, the commission may consider the applicant's compliance | ||
history in accordance with the method for using [ |
||
compliance history developed by the commission under Section 5.754, | ||
Water Code. In considering an applicant's compliance history under | ||
this subsection, the commission shall consider as evidence of | ||
compliance information regarding the applicant's implementation of | ||
an environmental management system at the facility for which the | ||
permit, permit amendment, or permit renewal is sought. In this | ||
subsection, "environmental management system" has the meaning | ||
assigned by Section 5.127, Water Code. | ||
SECTION 4.25. Section 382.056(o), Health and Safety Code, | ||
is amended to read as follows: | ||
(o) Notwithstanding other provisions of this chapter, the | ||
commission may hold a hearing on a permit amendment, modification, | ||
or renewal if the commission determines that the application | ||
involves a facility for which the applicant's compliance history is | ||
classified as unsatisfactory according to commission standards [ |
||
|
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Code, and rules adopted and procedures developed under those | ||
sections. | ||
SECTION 4.26. Section 401.110(a), Health and Safety Code, | ||
is amended to read as follows: | ||
(a) In making a determination whether to grant, deny, amend, | ||
renew, revoke, suspend, or restrict a license or registration, the | ||
commission may consider an applicant's or license holder's | ||
technical competence, financial qualifications, and compliance | ||
history under the method for using [ |
||
history developed by the commission under Section 5.754, Water | ||
Code. | ||
SECTION 4.27. Section 401.112(a), Health and Safety Code, | ||
is amended to read as follows: | ||
(a) The commission, in making a licensing decision on a | ||
specific license application to process or dispose of low-level | ||
radioactive waste from other persons, shall consider: | ||
(1) site suitability, geological, hydrological, and | ||
meteorological factors, and natural hazards; | ||
(2) compatibility with present uses of land near the | ||
site; | ||
(3) socioeconomic effects on surrounding communities | ||
of operation of the licensed activity and of associated | ||
transportation of low-level radioactive waste; | ||
(4) the need for and alternatives to the proposed | ||
activity, including an alternative siting analysis prepared by the | ||
applicant; | ||
(5) the applicant's qualifications, including: | ||
(A) financial and technical qualifications and | ||
compliance history under the method for using [ |
||
compliance history developed by the commission under Section 5.754, | ||
Water Code, for an application to the commission; and | ||
(B) the demonstration of financial | ||
qualifications under Section 401.108; | ||
(6) background monitoring plans for the proposed site; | ||
(7) suitability of facilities associated with the | ||
proposed activities; | ||
(8) chemical, radiological, and biological | ||
characteristics of the low-level radioactive waste and waste | ||
classification under Section 401.053; | ||
(9) adequate insurance of the applicant to cover | ||
potential injury to any property or person, including potential | ||
injury from risks relating to transportation; | ||
(10) training programs for the applicant's employees; | ||
(11) a monitoring, record-keeping, and reporting | ||
program; | ||
(12) spill detection and cleanup plans for the | ||
licensed site and related to associated transportation of low-level | ||
radioactive waste; | ||
(13) decommissioning and postclosure care plans; | ||
(14) security plans; | ||
(15) worker monitoring and protection plans; | ||
(16) emergency plans; and | ||
(17) a monitoring program for applicants that includes | ||
prelicense and postlicense monitoring of background radioactive | ||
and chemical characteristics of the soils, groundwater, and | ||
vegetation. | ||
SECTION 4.28. (a) Not later than September 1, 2012, the | ||
Texas Commission on Environmental Quality by rule shall establish | ||
the method for evaluating compliance history as required by Section | ||
5.753(a), Water Code, as amended by this article. Until the | ||
commission adopts that method, the commission shall continue in | ||
effect its current standard for evaluating compliance history. | ||
(b) The changes in law made by Sections 7.052 and 13.4151, | ||
Water Code, as amended by this article, apply only to a violation | ||
that occurs on or after the effective date of this Act. For | ||
purposes of this section, a violation occurs before the effective | ||
date of this Act if any element of the violation occurs before that | ||
date. A violation that occurs before the effective date of this Act | ||
is covered by the law in effect on the date the violation occurred, | ||
and the former law is continued in effect for that purpose. | ||
(c) The change in law made by Section 26.3467(d), Water | ||
Code, as added by this article, applies only to a delivery of a | ||
regulated substance to a petroleum storage tank made on or after the | ||
effective date of this Act. | ||
(d) The fee applicable to a delivery in Section 26.3574(b), | ||
Water Code, as that subsection existed immediately before the | ||
effective date of this Act, remains in effect until the Texas | ||
Commission on Environmental Quality adopts and implements a fee | ||
applicable to that delivery under Section 26.3574(b-1), Water Code, | ||
as added by this Act. | ||
ARTICLE 5. WATER RIGHTS | ||
SECTION 5.01. Section 11.031, Water Code, is amended by | ||
adding Subsections (d), (e), (f), and (g) to read as follows: | ||
(d) Each person who has a water right issued by the | ||
commission or who impounds, diverts, or otherwise uses state water | ||
shall maintain water use information on a monthly basis during the | ||
months a water rights holder uses permitted water. The person shall | ||
make the information available to the commission on the | ||
commission's request. | ||
(e) The commission may request information maintained under | ||
Subsection (d) only during a drought or other emergency shortage of | ||
water. | ||
(f) A person submitting a report under Subsection (a) is not | ||
required to include information maintained under Subsection (d). | ||
(g) Subsections (e) and (f) do not affect the authority of a | ||
watermaster to obtain water use information under other law. | ||
SECTION 5.02. Subchapter B, Chapter 11, Water Code, is | ||
amended by adding Section 11.053 to read as follows: | ||
Sec. 11.053. EMERGENCY ORDER CONCERNING WATER RIGHTS. (a) | ||
During a period of drought or other emergency shortage of water, the | ||
executive director by order may: | ||
(1) temporarily suspend the right of any person who | ||
holds a water right to use the water; and | ||
(2) adjust the allocation of water between water | ||
rights holders. | ||
(b) The executive director in ordering a suspension or an | ||
allocation adjustment under this section shall ensure that an | ||
action taken: | ||
(1) maximizes the beneficial use of water; | ||
(2) minimizes the impact on water rights holders; and | ||
(3) prevents the waste of water. | ||
(c) The commission shall adopt rules to implement this | ||
section, including rules to determine the conditions under which | ||
the executive director may take action under this section. | ||
SECTION 5.03. Section 11.326, Water Code, is amended by | ||
adding Subsections (g) and (h) to read as follows: | ||
(g) For a water basin in which a watermaster is not | ||
appointed, the executive director shall: | ||
(1) evaluate the water basin at least once every five | ||
years to determine whether a watermaster should be appointed; and | ||
(2) report the findings and make recommendations to | ||
the commission. | ||
(h) The commission shall: | ||
(1) determine the criteria or risk factors to be | ||
considered in an evaluation under Subsection (g); and | ||
(2) include the findings and recommendations under | ||
Subsection (g) in the commission's biennial report to the | ||
legislature. | ||
ARTICLE 6. FUNDING | ||
SECTION 6.01. Section 401.246(a), Health and Safety Code, | ||
is amended to read as follows: | ||
(a) Compact waste disposal fees adopted by the commission | ||
must be sufficient to: | ||
(1) allow the compact waste facility license holder to | ||
recover costs of operating and maintaining the compact waste | ||
disposal facility and a reasonable profit on the operation of that | ||
facility; | ||
(2) provide an amount necessary to meet future costs | ||
of decommissioning, closing, and postclosure maintenance and | ||
surveillance of the compact waste disposal facility and the compact | ||
waste disposal facility portion of the disposal facility site; | ||
(3) provide an amount to fund local public projects | ||
under Section 401.244; | ||
(4) provide a reasonable rate of return on capital | ||
investment in the facilities used for management or disposal of | ||
compact waste at the compact waste disposal facility; [ |
||
(5) provide an amount necessary to pay compact waste | ||
disposal facility licensing fees, to pay compact waste disposal | ||
facility fees set by rule or statute, and to provide security for | ||
the compact waste disposal facility as required by the commission | ||
under law and commission rules; and | ||
(6) provide an amount necessary to support the | ||
activities of the Texas Low-Level Radioactive Waste Disposal | ||
Compact Commission. | ||
SECTION 6.02. Subchapter F, Chapter 401, Health and Safety | ||
Code, is amended by adding Section 401.251 to read as follows: | ||
Sec. 401.251. LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT | ||
COMMISSION ACCOUNT. (a) The low-level radioactive waste disposal | ||
compact commission account is an account in the general revenue | ||
fund. | ||
(b) The commission shall deposit in the account the portion | ||
of the fee collected under Section 401.245 that is calculated to | ||
support the activities of the Texas Low-Level Radioactive Waste | ||
Disposal Compact Commission as required by Section 4.04(4), Texas | ||
Low-Level Radioactive Waste Disposal Compact (Section 403.006 of | ||
this code). | ||
(c) Money in the account may be appropriated only to support | ||
the operations of the Texas Low-Level Radioactive Waste Disposal | ||
Compact Commission. | ||
SECTION 6.03. Sections 5.701(n) and (p), Water Code, are | ||
amended to read as follows: | ||
(n)(1) Each provider of potable water or sewer utility | ||
service shall collect a regulatory assessment from each retail | ||
customer as follows: | ||
(A) A public utility as defined in Section 13.002 | ||
[ |
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assessment equal to one percent of the charge for retail water or | ||
sewer service. | ||
(B) A water supply or sewer service corporation | ||
as defined in Section 13.002 [ |
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retail customer a regulatory assessment equal to [ |
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percent of the charge for retail water or sewer service. | ||
(C) A district as defined in Section 49.001 [ |
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|
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retail customers shall collect from each retail customer a | ||
regulatory assessment equal to [ |
||
charge for retail water or sewer service. | ||
(2) The regulatory assessment may be listed on the | ||
customer's bill as a separate item and shall be collected in | ||
addition to other charges for utility services. | ||
(3) The [ |
||
collected under this subsection may be appropriated by a rider to | ||
the General Appropriations Act to an agency with duties related to | ||
water and sewer utility regulation solely to pay costs and expenses | ||
incurred by the agency [ |
||
water supply or sewer service corporations, and public utilities | ||
under Chapter 13[ |
||
(4) The commission shall annually use a portion of the | ||
assessments to provide on-site technical assistance and training to | ||
public utilities, water supply or sewer service corporations, and | ||
districts. The commission shall contract with others to provide | ||
the services. | ||
(5) The commission by rule may establish due dates, | ||
collection procedures, and penalties for late payment related to | ||
regulatory assessments under this subsection. The executive | ||
director shall collect all assessments from the utility service | ||
providers. | ||
(6) The commission shall assess a penalty against a | ||
municipality with a population of more than 1.5 million that does | ||
not provide municipal water and sewer services in an annexed area in | ||
accordance with Section 43.0565, Local Government Code. A penalty | ||
assessed under this paragraph shall be not more than $1,000 for each | ||
day the services are not provided after March 1, 1998, for areas | ||
annexed before January 1, 1993, or not provided within 4-1/2 years | ||
after the effective date of the annexation for areas annexed on or | ||
after January 1, 1993. A penalty collected under this paragraph | ||
shall be deposited to the credit of the water resource management | ||
account to be used to provide water and sewer service to residents | ||
of the city. | ||
(7) The regulatory assessment does not apply to water | ||
that has not been treated for the purpose of human consumption. | ||
(p) Notwithstanding any other law, fees collected for | ||
deposit to the water resource management account under the | ||
following statutes may be appropriated and used to protect water | ||
resources in this state, including assessment of water quality, | ||
reasonably related to the activities of any of the persons required | ||
to pay a fee under: | ||
(1) Subsection (b), to the extent those fees are paid | ||
by water districts, and Subsections (e), (f), and (n); | ||
(2) [ |
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[ |
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(3) Section 367.010, Health and Safety Code. | ||
SECTION 6.04. Subchapter L, Chapter 13, Water Code, is | ||
repealed. | ||
SECTION 6.05. The changes in law made by Section 5.701, | ||
Water Code, as amended by this article, apply only to a fee assessed | ||
on or after January 1, 2012. A fee assessed before January 1, 2012, | ||
is governed by the law in effect at the time the fee was assessed, | ||
and the former law is continued in effect for that purpose. | ||
ARTICLE 7. WATER AND SEWER UTILITIES | ||
SECTION 7.01. Subchapter E, Chapter 13, Water Code, is | ||
amended by adding Section 13.1325 to read as follows: | ||
Sec. 13.1325. ELECTRONIC COPIES OF RATE INFORMATION. On | ||
request, the state agency with jurisdiction over rates charged by | ||
water and sewer utilities shall provide, at a reasonable cost, | ||
electronic copies of all information provided to the agency under | ||
Sections 13.016, 13.043, and 13.187, to the extent that the | ||
information is available electronically and is not confidential. | ||
ARTICLE 8. ABOLITION OF THE ON-SITE WASTEWATER TREATMENT RESEARCH | ||
COUNCIL | ||
SECTION 8.01. The heading to Chapter 367, Health and Safety | ||
Code, is amended to read as follows: | ||
CHAPTER 367. ON-SITE WASTEWATER TREATMENT RESEARCH [ |
||
SECTION 8.02. Section 367.001, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 367.001. DEFINITIONS. In this chapter: | ||
(1) "Commission" means the Texas Commission on | ||
Environmental Quality [ |
||
(2) [ |
||
|
||
[ |
||
system of treatment devices or disposal facilities that: | ||
(A) is used for the disposal of domestic sewage, | ||
excluding liquid waste resulting from the processes used in | ||
industrial and commercial establishments; | ||
(B) is located on the site where the sewage is | ||
produced; and | ||
(C) produces not more than 5,000 gallons of waste | ||
a day. | ||
SECTION 8.03. Section 367.007, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 367.007. ADMINISTRATION. (a) [ |
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|
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[ |
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|
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|
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|
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[ |
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donations from other sources to supplement the fees collected under | ||
Section 367.010. Grants and donations shall be deposited to the | ||
credit of the water resource management [ |
||
|
||
[ |
||
(b) [ |
||
payable from the water resources management [ |
||
|
||
[ |
||
|
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SECTION 8.04. Section 367.008, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 367.008. AWARD OF COMPETITIVE GRANTS. (a) The | ||
commission [ |
||
competitive grants and disbursing grant money. | ||
(b) The commission [ |
||
to: | ||
(1) support applied research and demonstration | ||
projects by accredited colleges and universities in this state, by | ||
other governmental entities, or by acceptable public or private | ||
research centers regarding on-site wastewater treatment technology | ||
and systems applicable to this state that are directed toward | ||
improving the quality of wastewater treatment and reducing the cost | ||
of providing wastewater treatment to consumers; and | ||
(2) enhance technology transfer regarding on-site | ||
wastewater treatment by using educational courses, seminars, | ||
symposia, publications, and other forms of information | ||
dissemination. | ||
(c) The commission shall seek the advice of relevant experts | ||
when choosing research topics, awarding grants, and holding | ||
educational conferences associated with activities under this | ||
chapter. [ |
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SECTION 8.05. Section 367.009, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 367.009. APPROPRIATIONS. Money collected and | ||
appropriated for the purposes of this chapter shall be disbursed as | ||
the commission [ |
||
367.008. | ||
SECTION 8.06. Section 367.010(d), Health and Safety Code, | ||
is amended to read as follows: | ||
(d) The fee proceeds shall be deposited to the credit of the | ||
water resources management [ |
||
account. | ||
SECTION 8.07. Sections 367.002, 367.003, 367.004, 367.005, | ||
367.006, and 367.011, Health and Safety Code, are repealed. | ||
SECTION 8.08. (a) On the effective date of this Act, the | ||
Texas Commission on Environmental Quality shall assume the | ||
administration of all grants of the On-site Wastewater Treatment | ||
Research Council in existence on that date. | ||
(b) The Texas Commission on Environmental Quality shall | ||
assume all contracts held by the On-site Wastewater Treatment | ||
Research Council on the effective date of this Act, including all | ||
rights and obligations associated with the contracts. | ||
ARTICLE 9. EFFECTIVE DATE | ||
SECTION 9.01. This Act takes effect September 1, 2011. |