HBA-MPM S.B. 828 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 828 By: Shapleigh Environmental Regulation 5/10/1999 Engrossed BACKGROUND AND PURPOSE Under current law, the Texas Natural Resource Conservation Commission (TNRCC) is authorized to compromise, modify, or set aside administrative penalties on businesses or other entities for violations of environmental law or agency rules. One factor TNRCC uses to determine the amount of the administrative penalty is the violator's willingness to contribute to a "supplemental environment project" approved by TNRCC. S.B. 828 authorizes TNRCC to approve supplemental environmental projects located partially or wholly in Mexico if the project substantially benefits territory in Texas. 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 the territory of the United Mexican States if the project substantially benefits territory in this state in a manner described under this subsection (specifically, projects described under the definition of "supplemental environmental project"). 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. Redefines "supplemental environmental project" to make conforming changes. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.