82R9821 KJM-D
By: Christian H.B. No. 3480
A BILL TO BE ENTITLED
AN ACT
relating to the stringency of requirements imposed by the Texas
Commission on Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5.102, Water Code, is amended by adding
Subsection (c) to read as follows:
(c) Notwithstanding any other law, the commission may not
impose a standard or requirement to regulate an activity under the
commission's jurisdiction that is more stringent than the minimum
acceptable standard or requirement under the applicable federal law
or a regulation adopted by the United States Environmental
Protection Agency to regulate the same activity.
SECTION 2. Section 382.0173(d), Health and Safety Code, is
amended to read as follows:
(d) This section applies only while the federal rules cited
in this section are enforceable. The [and does not limit the
authority of the] commission may not [to] implement more stringent
emissions control requirements than are required by federal law.
SECTION 3. Section 26.357(b), Water Code, is amended to
read as follows:
(b) The commission may not impose standards or rules more
stringent than the federal requirements [unless the commission
determines that more stringent standards or rules are necessary to
protect human health or the environment].
SECTION 4. Section 27.020, Water Code, is amended to read as
follows:
Sec. 27.020. MINING OF SULFUR. The commission is
authorized to develop a regulatory program with respect to the
injection of fluid associated with the mining of sulfur by the
Frasch process in accordance with the provisions of this chapter.
The commission may not impose any requirements more stringent than
those promulgated by the administrator of the United States
Environmental Protection Agency pursuant to the federal Safe
Drinking Water Act, 42 U.S.C. 300h et seq., as amended[, unless the
commission determines that more stringent regulations are
necessary to protect human health or the environment].
SECTION 5. (a) Not later than September 1, 2012, the Texas
Commission on Environmental Quality shall adopt rules to comply
with Section 5.102, Water Code, as amended by this Act.
(b) A rule or policy of the Texas Commission on
Environmental Quality that does not meet the requirements of
Section 5.102, Water Code, as amended by this Act, remains in effect
only until the earlier of:
(1) the date the rule or policy is revised by the
commission under Subsection (a) of this section; or
(2) September 1, 2012.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.