Texas Senate Bill SB1404

Texas 2015 - 84th Regular

Caption

Relating to the Texas Commission on Environmental Quality, emissions, state sovereignty and certain actions taken by the United States Environmental Protection Agency.

Impact

The bill is expected to reinforce Texas's regulatory authority by ensuring that decisions made by TCEQ regarding emissions are upheld by the state in potential disputes with the federal government. Additionally, it introduces a mandate for TCEQ to engage in regulatory analyses before adopting new environmental rules, weighing the expected costs against the environmental benefits. Through these provisions, SB1404 aims to promote economic development while maintaining the integrity of Texas’s environmental policies, aiming to strike a balance between regulatory compliance and local governance.

Summary

Senate Bill 1404 seeks to amend the Water Code and the Health and Safety Code in Texas, establishing a framework for the Texas Commission on Environmental Quality (TCEQ) to address interactions with the United States Environmental Protection Agency (EPA) concerning emissions and regulatory enforcement. The bill mandates that TCEQ notify state leaders within ten days of learning about potential enforcement actions or regulatory changes initiated by the EPA that could impact Texas's sovereignty or economic interests. This measure is designed to enhance state control over local environmental governance and reduce federal influence on Texas's emissions policies.

Contention

A notable point of contention surrounding SB1404 is its implications for federal oversight and state supremacy in environmental regulation. Proponents argue that the bill will protect Texas’s economic interests by limiting the federal government's reach into state emissions policies, thereby allowing for a more flexible and responsive regulatory environment. Conversely, opponents may raise concerns over reduced environmental protections and the potential for a decline in air quality if state regulations become less stringent due to diminished federal pressure. The effectiveness and enforceability of such measures in the face of ever-evolving federal standards could also be a contentious issue.