HBA-KMH H.B. 3570 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3570
By: Haggerty
Environmental Regulation
4/5/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Section 7.067 of the Water Code authorizes the Texas Natural
Resource Conservation Commission (TNRCC) to compromise, modify, or set
aside administrative penalties imposed on businesses or other entities for
violations of environmental laws or agency rules.  One factor for TNRCC to
use to determine the amount of an administrative penalty is the violator's
willingness to contribute to a "supplemental environmental project" (SEP)
approved by TNRCC.  SEPs are projects designed to benefit the environment
by preventing or reducing pollution, enhancing the quality of the
environment, or contributing to public awareness of environmental matters.
Under current law, SEPs are essentially limited to territory in Texas, even
though there are often instances, particularly on the Texas-Mexico border,
where SEPs located wholly or partially in Mexico would provide
environmental benefits in Texas. 

H.B. 3570 authorizes TNRCC to 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
this section.  This bill also prohibits TNRCC from approving a 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. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 7.067, Water Code, to authorize the Texas
Natural Resource Conservation Commission (TNRCC) to 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 this section.  Prohibits TNRCC from approving a 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.  Makes a conforming change. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.