|(a) Except as provided in subsection (b) or (c) of
this section, a person whose application to participate in an innovative
program or whose application for an incentive meets the minimum standards
of §90.13 of this title (relating to Application for Incentives)
shall be eligible to receive regulatory incentives under this chapter.
(b) A person who has incurred a judgment in a suit
brought by the Texas or United States attorney general against the
site for which the person is requesting regulatory incentives, is
ineligible to participate in an innovative program or to receive regulatory
incentives at that site for a period of five years after the date
the judgment was final.
(c) A person who has been convicted of an environmental
crime regarding the site for which the person is requesting to participate
in an innovative program or requesting regulatory incentives is ineligible
to receive regulatory incentives through participation in an innovative
program under this chapter for a period of three years after the date
of the conviction.
(d) A person shall be accepted into a strategically
directed regulatory structure by meeting the criteria and standards
for the following:
(1) regulatory flexibility under §90.20 of this
title (relating to Regulatory Flexibility);
(2) incentives for using an environmental management
system under §90.30 of this title (relating to Minimum Standards
for Environmental Management Systems);
(3) programs authorized as innovative by the executive
(4) flexible permits under Chapter 116 of this title
(relating to Control of Air Pollution by Permits for New Construction
or Modification); or
(5) other programs set forth under this subchapter.
(e) Incentives provided under one innovative program
do not guarantee the providing of incentives offered under another
innovative program, except where those incentives are equivalent.