| 1 | 1 | | By: Legler, et al. (Senate Sponsor - Jackson) H.B. No. 125 |
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| 2 | 2 | | (In the Senate - Received from the House April 11, 2011; |
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| 3 | 3 | | April 20, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Natural Resources; May 24, 2011, reported adversely, with |
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| 5 | 5 | | favorable Committee Substitute by the following vote: Yeas 8, |
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| 6 | 6 | | Nays 0; May 24, 2011, sent to printer.) |
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| 7 | 7 | | COMMITTEE SUBSTITUTE FOR H.B. No. 125 By: Hegar |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to the regulatory analysis of rules proposed by the Texas |
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| 13 | 13 | | Commission on Environmental Quality. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Subchapter D, Chapter 5, Water Code, is amended |
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| 16 | 16 | | by adding Section 5.1031 to read as follows: |
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| 17 | 17 | | Sec. 5.1031. ADOPTION OF ENVIRONMENTAL RULES. (a) In this |
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| 18 | 18 | | section: |
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| 19 | 19 | | (1) "Cost" means a reasonably identifiable, |
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| 20 | 20 | | significant, and direct or indirect economic impact. |
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| 21 | 21 | | (2) "Environmental effect" means a reasonably |
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| 22 | 22 | | identifiable and quantifiable effect or outcome affecting the |
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| 23 | 23 | | environment or human health. |
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| 24 | 24 | | (3) "Environmental rule" means a rule the specific |
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| 25 | 25 | | intent of which is to protect the environment or reduce risks to |
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| 26 | 26 | | human health from environmental exposure. |
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| 27 | 27 | | (4) "Small business" means a business that employs not |
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| 28 | 28 | | more than 250 individuals. |
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| 29 | 29 | | (b) Before adopting an environmental rule, the commission |
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| 30 | 30 | | shall conduct a regulatory analysis that identifies the costs and |
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| 31 | 31 | | environmental effects expected to result from implementation of and |
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| 32 | 32 | | compliance with the rule. |
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| 33 | 33 | | (c) When giving notice of an environmental rule, the |
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| 34 | 34 | | commission shall incorporate into the fiscal note required by |
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| 35 | 35 | | Section 2001.024, Government Code, a draft impact analysis |
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| 36 | 36 | | describing the anticipated effects of the proposed rule. The draft |
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| 37 | 37 | | impact analysis, at a minimum, must: |
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| 38 | 38 | | (1) identify the problem the rule is intended to |
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| 39 | 39 | | address; |
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| 40 | 40 | | (2) identify the environmental effects that the agency |
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| 41 | 41 | | expects to result from implementation of and compliance with the |
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| 42 | 42 | | rule, including the projected level of reduction of pollutants or |
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| 43 | 43 | | contaminants in air, water, and soil media; |
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| 44 | 44 | | (3) identify and describe the costs that the agency |
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| 45 | 45 | | expects that state agencies, local governments, the public, and the |
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| 46 | 46 | | affected regulated entities, other than small businesses, will |
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| 47 | 47 | | incur from implementation of and compliance with the rule; and |
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| 48 | 48 | | (4) identify and describe in a separate economic |
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| 49 | 49 | | impact analysis the costs that the agency expects that small |
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| 50 | 50 | | businesses will incur from implementation of and compliance with |
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| 51 | 51 | | the rule. |
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| 52 | 52 | | (d) In identifying the environmental effects of a rule under |
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| 53 | 53 | | Subsection (c)(2), the commission shall include the modeled |
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| 54 | 54 | | improvement for the criteria pollutant design value expected from |
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| 55 | 55 | | implementation of the rule, if the rule will be included in the |
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| 56 | 56 | | state implementation plan. |
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| 57 | 57 | | (e) After considering public comments submitted under |
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| 58 | 58 | | Section 2001.029, Government Code, and determining that a proposed |
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| 59 | 59 | | rule should be adopted, the agency shall prepare a final regulatory |
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| 60 | 60 | | analysis that complies with Section 2001.033, Government Code. |
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| 61 | 61 | | (f) A person who submitted a comment in accordance with |
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| 62 | 62 | | Section 2001.029, Government Code, may challenge the validity of an |
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| 63 | 63 | | environmental rule that is not proposed and adopted in strict |
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| 64 | 64 | | compliance with the procedural requirements of this section by |
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| 65 | 65 | | filing an action for declaratory judgment as provided by Section |
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| 66 | 66 | | 2001.038, Government Code, not later than the 30th day after the |
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| 67 | 67 | | effective date of the rule. If the court determines that an |
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| 68 | 68 | | environmental rule was not proposed and adopted in strict |
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| 69 | 69 | | compliance with the procedural requirements of this section, the |
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| 70 | 70 | | rule is invalid. |
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| 71 | 71 | | (g) The requirements of this section may not be construed so |
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| 72 | 72 | | as to cause a delay or to prevent the timely implementation of any |
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| 73 | 73 | | federal requirements. |
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| 74 | 74 | | SECTION 2. The change in law made by this Act applies only |
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| 75 | 75 | | to a rule proposed by the Texas Commission on Environmental Quality |
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| 76 | 76 | | for which notice is given under Sections 2001.023 and 2001.024, |
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| 77 | 77 | | Government Code, on or after December 1, 2011. |
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| 78 | 78 | | SECTION 3. This Act takes effect September 1, 2011. |
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| 79 | 79 | | * * * * * |
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