| Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
|---|---|---|---|---|---|
| No | Negative | Neutral | Neutral | Negative | Neutral |
Relating to supplemental environmental projects authorized by the
Texas Commission on Environmental Quality.
No significant fiscal implication to the State is anticipated.
As described by the Texas Commission on Environmental Quality (TCEQ), supplemental environmental projects (SEP) are "environmentally beneficial projects that a respondent agrees to undertake in settlement of an enforcement action. Dollars directed to TCEQ-approved environmental projects may be used to offset assessed penalties in enforcement actions."
TCEQ goes on to explain that there are three types of SEPs:
HB 4493 would allow TCEQ to determine the types of projects that may be approved as a SEP. However, the bill would stipulate that for a respondent that is a local government, those types of projects must include: (1) purchasing, operating, or maintaining alternative fuel vehicles and alternative fuels heavy equipment, (2) constructing, operating, or maintaining alternative fuel refueling infrastructure, and (3) providing energy efficiency upgrades to buildings and facilities owned by the local government.
Texas Action opposes HB 4493 which would unnecessarily restrict local governments options when it comes to choosing supplemental project to conduct in compliance with the terms of settlement related to an enforcement action. This would preclude a local government from correcting the violations alleged in the enforcement action or remediating the environmental harm caused by the alleged actions.
The legislature should not use enforcement of environmental laws and regulations as a way to coerce local governments to purchase and operate alternative fuels vehicles, create associated infrastructure, and make energy efficiency upgrades, especially not at the expense of potentially addressing the actual root causes of the enforcement action that led to the settlement in the first place.
This infringes on limited government and free markets, causing economic distortion by coercing government entities to make purchasing decisions that benefit a particular industry at the expense of cleaning up whatever environmental mess out of which the action arose. For these reasons we oppose HB 4493.