By: Zwiener H.B. No. 1820       A BILL TO BE ENTITLED   AN ACT   relating to the regulation, monitoring, and enforcement of matters   under the jurisdiction of the Texas Commission on Environmental   Quality; authorizing the assessment or increase of civil and   administrative penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 374.252(b) and (c), Health and Safety   Code, are amended to read as follows:          (b)  If a registration fee is not paid on or before the 30th   day after the date the fee is due, the commission may assess for   each day the fee is not paid a penalty not to exceed $50 per day or   the amount published under Section 7.0522, Water Code [for each day   the fee is not paid].          (c)  If a registration application for an operating dry   cleaning facility or drop station is not filed with the commission   on or before the 30th day after the date the application is due, the   commission may assess for each day the application is not filed a   penalty not to exceed $50 per day or the amount published under   Section 7.0522, Water Code [for each day the application is not   filed].          SECTION 2.  Section 382.0215(b), Health and Safety Code, is   amended to read as follows:          (b)  The commission shall require the owner or operator of a   regulated entity that experiences emissions events:                (1)  to maintain a record of all emissions events at the   regulated entity in the manner and for the periods prescribed by   commission rule;                (2)  to notify the commission in a single report for   each emissions event, as soon as practicable but not later than 24   hours after discovery of the emissions event, of an emissions event   resulting in the emission of a reportable quantity of air   contaminants as determined by commission rule; and                (3)  to report to the commission in a single report for   each emissions event, not later than two weeks after the occurrence   of an emissions event that results in the emission of a reportable   quantity of air contaminants as determined by commission rule, all   information necessary to evaluate the emissions event, including:                      (A)  the name of the owner or operator of the   reporting regulated entity;                      (B)  the location of the reporting regulated   entity expressed in terms of longitude and latitude;                      (C)  the date and time the emissions began;                      (D)  the duration of the emissions;                      (E)  the nature and measured or estimated quantity   of air contaminants emitted, including the method of calculation   of, or other basis for determining, the quantity of air   contaminants emitted;                      (F)  the processes and equipment involved in the   emissions event;                      (G)  the cause of the emissions; and                      (H)  any additional information necessary to   evaluate the emissions event.          SECTION 3.  Section 382.0216, Health and Safety Code, is   amended by adding Subsections (k), (l), and (m) to read as follows:          (k)  The commission by rule shall provide for the imposition   of permit conditions that establish a:                (1)  maximum number of emissions events that may occur   in a year before the commission will temporarily revoke the   facility's permit or take another enforcement action; and                (2)  maximum volume of emissions events, expressed in   terms of a percentage of permitted emissions, that may occur in a   year before the commission will temporarily revoke the facility's   permit or take another enforcement action.          (l)  The commission shall enforce rules concerning emissions   events by means of civil or administrative penalties or by   injunctive relief as provided by Chapter 7, Water Code. The   commission may not exempt excess emissions from penalties or   injunctive relief.          (m)  The commission shall develop and implement policies to   limit the cumulative effects of emissions from maintenance,   startups, and shutdowns of facilities. The fact that a facility   does not exceed a threshold established under this subsection may   not be considered as evidence of good faith or a lack of effect on   environmental or public health.          SECTION 4.  Subchapter B, Chapter 382, Health and Safety   Code, is amended by adding Section 382.0217 to read as follows:          Sec. 382.0217.  EXCESSIVE EMISSIONS EVENTS PENALTY. (a) In   this section, "emissions event" and "regulated entity" have the   meanings assigned by Section 382.0215.          (b)  In addition to any other penalty assessed by the   commission for an emissions event, the owner or operator of a   regulated entity that reports an emissions event shall pay to the   commission a mandatory penalty of not less than $1 per pound of each   pollutant released that:                (1)  exceeds an authorized emission limit for the   pollutant; or                (2)  is not authorized by any permit, permit by rule, or   regulation.          (c)  In assessing penalties for an excessive emissions   event, the commission may assess penalties based on individual   pollutants that exceeded the owner's or operator's permit.          SECTION 5.  The heading to Section 505.017, Health and   Safety Code, is amended to read as follows:          Sec. 505.017.  NOTICE ISSUED UNDER EMERGENCIES; TOXIC   CHEMICAL EMERGENCY ALERT SYSTEM.          SECTION 6.  Section 505.017, Health and Safety Code, is   amended by adding Subsections (c), (d), (e), (f), and (g) to read as   follows:          (c)  If the responsible state agency determines that a   release will substantially endanger human health or the   environment, the agency shall, not later than 30 minutes after   making the determination, notify persons in the area in which the   facility is located of the release using the alert system   established under Subsection (d). When the agency determines a   release is no longer a threat to human health or the environment,   the agency shall notify persons using the alert system.          (d)  The state emergency response commission shall develop   and maintain a toxic chemical emergency alert system to notify   persons in the area in which the facility is located of a release   that will substantially endanger human health or the environment.   The commission may partner with other state agencies in developing   the alert system and shall allow persons to register for a preferred   method of, and preferred language for, receiving a message under   the alert system. In developing the alert system, the commission   may use as a model the alert systems established by Subchapter L,   Chapter 411, Government Code, and Section 51.854, Water Code. The   alert system must allow a person the option of not receiving the   alerts on the person's notification to the commission.          (e)  The toxic chemical emergency alert system must:                (1)  provide notification through reverse 9-1-1 calls,   text messages, e-mails, social media, and other instant messaging   systems; and                (2)  allow the state agency providing the notification   to modify the notification based on:                      (A)  the distance of the release to the person   receiving the notification; and                      (B)  the projected movement of the release.          (f)  An alert issued by the toxic chemical emergency alert   system must include:                (1)  each area affected by the release, including a   geographic display of the severity of the threat posed by the   release;                (2)  a link to an Internet website or other message   system that maintains current information on each affected area;                (3)  a link to an Internet website or other message   system that describes a symptom of any illness caused by the release   that may require emergency medical treatment;                (4)  the chemicals involved in and toxicity of the   release;                (5)  the projected movement of the release; and                (6)  instructions for protection from exposure to the   release or for reducing exposure to the release.          (g)  The state emergency response commission shall review   and modify the toxic chemical emergency alert system, as   appropriate, every four years.          SECTION 7.  Section 7.052, Water Code, is amended by   amending Subsections (a), (b), (b-1), (b-2), (b-4), (c), and (d)   and adding Subsection (b-5) to read as follows:          (a)  The amount of the penalty for each [a] violation of   Chapter 37 of this code, Chapter 366, 371, or 372, Health and Safety   Code, or Chapter 1903, Occupations Code, may not exceed the greater   of $5,000 a day or the amount per day published under Section 7.0521   [for each violation].          (b)  Except as provided by Subsection (b-3), the amount of   the penalty for operating a rock crusher or a concrete plant that   performs wet batching, dry batching, or central mixing, that is   required to obtain a permit under Section 382.0518, Health and   Safety Code, and that is operating without the required permit is   the greater of $10,000 or the amount published under Section   7.0521. Each day that a continuing violation occurs is a separate   violation.          (b-1)  The amount of the penalty assessed against a   manufacturer that does not label its computer equipment or covered   television equipment or adopt and implement a recovery plan as   required by Section 361.955, 361.975, or 361.978, Health and Safety   Code, as applicable, may not exceed the greater of $10,000 for the   second violation, [or] $25,000 for each subsequent violation, or   the amount published under Section 7.0521. A penalty under this   subsection is in addition to any other penalty that may be assessed   for a violation of Subchapter Y or Z, Chapter 361, Health and Safety   Code.          (b-2)  Except as provided by Subsection (b-1), the amount of   the penalty for a violation of Subchapter Y or Z, Chapter 361,   Health and Safety Code, may not exceed $1,000 for the second   violation, [or] $2,000 for each subsequent violation, or the amount   published under Section 7.0521. A penalty under this subsection is   in addition to any other penalty that may be assessed for a   violation of Subchapter Y or Z, Chapter 361, Health and Safety Code.          (b-4)  Except as provided by Subsection (b-5), the [The]   amount of the penalty against a facility operator who violates   Chapter 505, Health and Safety Code, or a rule adopted or order   issued under that chapter, for each day a violation continues, may   not exceed $500 a day or the amount per day published under Section   7.0521 [for each day a violation continues] with a total for each   violation not to exceed $5,000 or the total amount published under   Section 7.0521 [for each violation]. Except as provided by   Subsection (b-5), the [The] amount of a penalty against a facility   operator who violates Chapter 506 or 507, Health and Safety Code, or   a rule adopted or order issued under those chapters, for each day a   violation continues, may not exceed $50 a day or the amount per day   published under Section 7.0521 [for each day a violation continues]   with a total for each violation not to exceed $1,000 or the total   amount published under Section 7.0521 [for each violation].          (b-5)  The amount of a penalty assessed under Subsection (b-   4) must be tripled if a first responder is injured as a result of   exposure to hazardous material while responding to an incident at   the facility that is the subject of the penalty.          (c)  The amount of the penalty for each [all] other violation   [violations] within the jurisdiction of the commission to enforce   may not exceed $50,000 [$25,000] a day or the amount per day   published under Section 7.0521 [for each violation].          (d)  Except as provided by Subsection (b), each day that a   continuing violation occurs shall [may] be considered a separate   violation.  The commission may authorize an installment payment   schedule for an administrative penalty assessed under this   subchapter, except for an administrative penalty assessed under   Section 7.057.          SECTION 8.  Subchapter C, Chapter 7, Water Code, is amended   by adding Sections 7.0521 and 7.0522 to read as follows:          Sec. 7.0521.  INCREASE OF AMOUNT OF PENALTY FOR CERTAIN   VIOLATIONS.  Notwithstanding Section 7.052, Section 7.0525, or any   other provision of law, the commission may increase the amount of a   penalty assessed under this subchapter by an amount not to exceed 50   percent of the maximum authorized penalty if the alleged violator   has a history of previous violations.          Sec. 7.0522.  INFLATION ADJUSTMENT OF AMOUNT OF CERTAIN   PENALTIES.  (a)  The commission annually shall compute and publish a   dollar amount to reflect inflation for the penalty amounts in:                (1)   Section 7.052; and                (2)  Section 7.103.          (b)  In making the computation under Subsection (a), the   commission shall consider the Consumer Price Index for All Urban   Consumers, or its successor in function, published by the United   States Bureau of Labor Statistics.          (c)  The commission shall use 2021 as the base year and   adjust the dollar amounts, effective on September 1 of each year.          (d)  The commission shall make available to the public   information regarding adjustments made under this section.          (e)  The commission may adopt rules as necessary to   administer this section.          SECTION 9.  Sections 7.0525(a) and (b), Water Code, are   amended to read as follows:          (a)  Except as provided by Subsection (b), the amount of the   penalty for a violation of Section 374.252, Health and Safety Code,   may not exceed $5,000 or the amount published under Section 7.0521.          (b)  The amount of the penalty for a violation of Section   374.252(a)(3), Health and Safety Code, may not exceed $10,000 or   the amount published under Section 7.0521.          SECTION 10.  Section 7.102, Water Code, is amended to read as   follows:          Sec. 7.102.  MAXIMUM PENALTY.  (a) A person who causes,   suffers, allows, or permits a violation of a statute, rule, order,   or permit relating to Chapter 37 of this code, Chapter 366, 371, or   372, Health and Safety Code, Subchapter G, Chapter 382, Health and   Safety Code, or Chapter 1903, Occupations Code, shall be assessed   for each day of each violation a civil penalty, as the court or jury   considers proper:                (1)  of not less than $50 nor greater than $5,000; or                (2)  in the amount per day published under Section   7.0522 [for each day of each violation as the court or jury   considers proper].          (b)  A person who causes, suffers, allows, or permits a   violation of a statute, rule, order, or permit relating to any other   matter within the commission's jurisdiction to enforce, other than   violations of Chapter 11, 12, 13, 16, or 36 of this code, or Chapter   341, Health and Safety Code, shall be assessed for each day of each   violation a civil penalty, as the court or jury considers proper:                (1)  of not less than $100 [$50] nor greater than   $50,000 [$25,000]; or                (2)  in the amount per day published under Section   7.0522 [for each day of each violation as the court or jury   considers proper].          (c)  Each day of a continuing violation is a separate   violation.          SECTION 11.  Section 7.1021, Water Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  Except as provided by Subsection (a-1), a [A] person who   knowingly discloses false information or negligently fails to   disclose a hazard as required by Chapter 505 or 506, Health and   Safety Code, is subject to a civil penalty of not more than $5,000   for each violation.          (a-1)  The amount of a penalty assessed under Subsection (a)   must be tripled if a first responder is injured as a result of   exposure to hazardous material while responding to an incident at   the facility that is the subject of the penalty.          SECTION 12.  Section 7.103, Water Code, is amended to read as   follows:          Sec. 7.103.  CONTINUING VIOLATIONS.  (a) If it is shown on a   trial of a defendant that the defendant has previously been   assessed a civil penalty for a violation of a statute within the   commission's jurisdiction or a rule adopted or an order or a permit   issued under such a statute within the year before the date on which   the violation being tried occurred, the defendant shall be assessed   a civil penalty:                (1)  of not less than $200 [$100] nor greater than   $50,000 [$25,000] for each subsequent day and for each subsequent   violation; or                (2)  in the amount per day published under Section   7.0521.          (b)  Each day of a continuing violation is a separate   violation.          SECTION 13.  Section 7.105, Water Code, is amended by adding   Subsection (d) to read as follows:          (d)  A penalty recovered under this section is additional to   any penalty assessed by the commission.          SECTION 14.  Section 7.302, Water Code, is amended by adding   Subsection (c) to read as follows:          (c)  After notice and hearing, the commission shall revoke,   suspend, or revoke and reissue a permit or exemption if a violation   of a term or condition of the permit causes a catastrophic event   that results in the death or serious injury of an individual.          SECTION 15.  Sections 382.0216(f) and (h), Health and Safety   Code, are repealed.          SECTION 16.  Sections 374.252 and 382.0216, Health and   Safety Code, as amended by this Act, apply only to an enforcement   action initiated by the Texas Commission on Environmental Quality   on or after the effective date of this Act. An enforcement action   initiated before the effective date of this Act is governed by the   law in effect immediately before the effective date of this Act, and   the former law is continued in effect for that purpose.          SECTION 17.  Section 382.0217, Health and Safety Code, as   added by this Act, applies only to an emissions event that occurs on   or after the effective date of this Act. An emissions event that   occurs before that date is governed by the law in effect on the date   the emissions event occurred, and the former law is continued in   effect for that purpose.          SECTION 18.  Not later than January 1, 2023, the state   emergency response commission, as defined in Section 505.004,   Health and Safety Code, shall establish the toxic chemical   emergency alert system as required by Section 505.017, Health and   Safety Code, as amended by this Act.          SECTION 19.  Sections 7.052, 7.0525, 7.102, 7.1021, 7.103,   7.105, and 7.302, Water Code, as amended by this Act, and Sections   7.0521 and 7.0522, Water Code, as added by this Act, 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.          SECTION 20.  This Act takes effect September 1, 2021.