Texas 2013 - 83rd Regular

Texas Senate Bill SB467 Compare Versions

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1	1	By: Hegar S.B. No. 467
2	2	(In the Senate - Filed February 11, 2013; February 13, 2013,
3	3	read first time and referred to Committee on Natural Resources;
4	4	April 3, 2013, reported favorably by the following vote: Yeas 9,
5	5	Nays 0; April 3, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the regulatory analysis of rules proposed by the Texas
11	11	Commission on Environmental Quality.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter D, Chapter 5, Water Code, is amended
14	14	by adding Section 5.1032 to read as follows:
15	15	Sec. 5.1032. ADOPTION OF ENVIRONMENTAL RULES. (a) In this
16	16	section:
17	17	(1) "Cost" means a reasonably identifiable and
18	18	significant direct or indirect economic effect.
19	19	(2) "Environmental effect" means a reasonably
20	20	identifiable and quantifiable effect or outcome affecting the
21	21	environment, including air, soil, or water quality.
22	22	(3) "Environmental rule" means a rule the specific
23	23	intent of which is to protect the environment or reduce risks to
24	24	human health from environmental exposure.
25	25	(4) "Small business" means a business that employs not
26	26	more than 250 individuals.
27	27	(b) Before adopting an environmental rule, the commission
28	28	shall conduct a regulatory analysis that weighs the costs and
29	29	environmental effects expected to result from implementation of and
30	30	compliance with the rule.
31	31	(c) When giving notice of an environmental rule, the
32	32	commission shall incorporate into the fiscal note required by
33	33	Section 2001.024, Government Code, a draft impact analysis
34	34	describing the anticipated effects of the proposed rule. The draft
35	35	impact analysis, at a minimum, must:
36	36	(1) identify the problem the rule is intended to
37	37	address;
38	38	(2) identify the environmental effects that the agency
39	39	expects to result from implementation of and compliance with the
40	40	rule, including the projected level of reduction of pollutants or
41	41	contaminants in air, water, and soil media;
42	42	(3) identify and describe the costs that the agency
43	43	expects that state agencies, local governments, the public, and the
44	44	affected regulated entities, other than small businesses, will
45	45	incur from implementation of and compliance with the rule; and
46	46	(4) identify and describe in a separate economic
47	47	impact analysis the costs that the agency expects that small
48	48	businesses will incur from implementation of and compliance with
49	49	the rule.
50	50	(d) In identifying the environmental effects of a rule under
51	51	Subsection (c)(2), the commission shall include the modeled
52	52	improvement for the criteria pollutant design value expected from
53	53	implementation of the rule, if the rule will be included in this
54	54	state's air quality state implementation plan.
55	55	(e) After considering public comments submitted under
56	56	Section 2001.029, Government Code, and determining that a proposed
57	57	rule should be adopted, the agency shall prepare a final regulatory
58	58	analysis that complies with Section 2001.033, Government Code.
59	59	(f) A person who submitted a comment in accordance with
60	60	Section 2001.029, Government Code, may challenge the validity of an
61	61	environmental rule that is not proposed and adopted in strict
62	62	compliance with the procedural requirements of this section by
63	63	filing an action for declaratory judgment as provided by Section
64	64	2001.038, Government Code, not later than the 30th day after the
65	65	effective date of the rule. If the court determines that an
66	66	environmental rule was not proposed and adopted in strict
67	67	compliance with the procedural requirements of this section, the
68	68	rule is invalid provided that a rule to be included in this state's
69	69	air quality state implementation plan may not be invalidated for
70	70	failure of strict compliance if the invalidation will prevent the
71	71	timely implementation of a federal requirement.
72	72	SECTION 2. The change in law made by this Act applies only
73	73	to a rule proposed by the Texas Commission on Environmental Quality
74	74	for which notice is given under Sections 2001.023 and 2001.024,
75	75	Government Code, on or after December 1, 2013.
76	76	SECTION 3. This Act takes effect September 1, 2013.
77	77	* * * * *