ENFORCEMENT DIVERSION PROGRAM FOR SMALL BUSINESSES AND LOCAL GOVERNMENTS

(a) In this section, "small business" means a legal entity, including a corporation, partnership, or sole proprietorship, that: (1) is formed for the purpose of making a profit; (2) is independently owned and operated; and (3) has fewer than 100 employees. (b) The commission shall establish an enforcement diversion program for small businesses and local governments. The program must include: (1) resources developed for the small business compliance assistance program under Section 5.135; (2) compliance assistance training; and (3) on-site technical assistance and training performed by commission staff. (c) Before the commission initiates an enforcement action for a violation committed by a small business or local government, the commission may enroll the business or government into the enforcement diversion program. (d) The commission may not enroll a small business or local government into the enforcement diversion program if an enforcement action against the business or government is required by federal law. (e) The commission may not initiate against a small business or local government an enforcement action for a violation that prompted enrollment in the enforcement diversion program after the business or government has successfully completed the program. (f) A small business or local government is not eligible to enroll in the enforcement diversion program if the business or government: (1) committed a violation that: (A) resulted in an imminent threat to public health; or (B) was a major violation, as classified under Section 5.754; or (2) was enrolled in the program in the two years preceding the date of the violation.