83R3930 JAM-D
By: White H.B. No. 2354
A BILL TO BE ENTITLED
AN ACT
relating to the stringency of environmental regulations adopted by
state agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 2001.0225, Government
Code, is amended to read as follows:
Sec. 2001.0225. ADOPTION [REGULATORY ANALYSIS] OF CERTAIN
[MAJOR] ENVIRONMENTAL RULES PROHIBITED.
SECTION 2. Section 2001.0225(a), Government Code, is
amended to read as follows:
(a) Notwithstanding any other law, [This section applies
only to a major environmental rule adopted by] a state agency may
not by rule adopt an environmental standard or requirement[,] the
result of which is to:
(1) exceed a standard set by federal law, unless the
rule is specifically required by state law;
(2) exceed an express requirement of state law, unless
the rule is specifically required by federal law;
(3) exceed a requirement of a delegation agreement or
contract between the state and an agency or representative of the
federal government to implement a state and federal program; or
(4) adopt a rule solely under the general powers of the
agency instead of under a specific state law.
SECTION 3. Sections 2001.035(a) and (b), Government Code,
are amended to read as follows:
(a) A rule is voidable unless a state agency adopts it in
substantial compliance with Section 2001.0225 and the procedural
requirements of Sections 2001.023 [2001.0225] through 2001.034.
(b) A person must initiate a proceeding to contest a rule on
the ground of noncompliance with Section 2001.0225 or the
procedural requirements of Sections 2001.023 [2001.0225] through
2001.034 not later than the second anniversary of the effective
date of the rule.
SECTION 4. Section 2001.040, Government Code, is amended to
read as follows:
Sec. 2001.040. SCOPE AND EFFECT OF ORDER INVALIDATING
AGENCY RULE. If a court finds that an agency has not substantially
complied with Section 2001.0225 or one or more procedural
requirements of Sections 2001.023 [2001.0225] through 2001.034,
the court may remand the rule, or a portion of the rule, to the
agency and, if it does so remand, shall provide a reasonable time
for the agency to either revise or readopt the rule through
established procedure. During the remand period, the rule shall
remain effective unless the court finds good cause to invalidate
the rule or a portion of the rule, effective as of the date of the
court's order.
SECTION 5. 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 6. Section 382.051961(b), Health and Safety Code,
is amended to read as follows:
(b) The commission may not adopt a new permit by rule or a
new standard permit or amend an existing permit by rule or an
existing standard permit relating to a facility to which this
section applies unless the commission:
(1) [conducts a regulatory analysis as provided by
Section 2001.0225, Government Code;
[(2)] determines, based on the evaluation of credible
air quality monitoring data, that the emissions limits or other
emissions-related requirements of the permit are necessary to
ensure that the intent of this chapter is not contravened,
including the protection of the public's health and physical
property;
(2) [(3)] establishes any required emissions limits
or other emissions-related requirements based on:
(A) the evaluation of credible air quality
monitoring data; and
(B) credible air quality modeling that is not
based on the worst-case scenario of emissions or other worst-case
modeling scenarios unless the actual air quality monitoring data
and evaluation of that data indicate that the worst-case scenario
of emissions or other worst-case modeling scenarios yield modeling
results that reflect the actual air quality monitoring data and
evaluation; and
(3) [(4)] considers whether the requirements of the
permit should be imposed only on facilities that are located in a
particular geographic region of the state.
SECTION 7. Section 91.602(b), Natural Resources Code, is
amended to read as follows:
(b) The rules adopted by the commission under this section
must be consistent with the hazardous waste regulations adopted by
the administrator of the United States Environmental Protection
Agency under the federal Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section
6901 et seq.). [The commission may adopt and enforce rules that are
more stringent than the federal hazardous waste regulations if
necessary to protect human health.]
SECTION 8. 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 9. 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 10. Sections 2001.0225(b), (c), (d), (e), (f), and
(g), Government Code, are repealed.
SECTION 11. (a) Not later than September 1, 2014, a state
agency shall adopt rules to comply with Section 2001.0225,
Government Code, as amended by this Act.
(b) A rule or policy of a state agency that does not meet the
requirements of Section 2001.0225, Government 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
agency under Subsection (a) of this section; or
(2) September 1, 2014.
SECTION 12. 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, 2013.