Texas 2015 - 84th Regular

Texas House Bill HB3450 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Laubenberg H.B. No. 3450
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the Texas Commission on Environmental Quality,
7	7	emissions, state sovereignty and certain actions taken by the
8	8	United States Environmental Protection Agency.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter D, Chapter 5, Water Code, is amended
11	11	by adding Section 5.136 to read as follows:
12	12	Sec. 5.136. NOTIFICATION BY COMMISSION. The commission
13	13	shall notify the governor, the lieutenant governor, and the
14	14	speaker of the house of repres
15	15	entatives not later than the 10th day
16	16	after the date that the commission:
17	17	(1) learns that the United States Environmental
18	18	Protection Agency has initiated an enforcement action under the
19	19	federal Clean Air Act (42 U.S.C. Section 7401 et seq.) against the
20	20	state or has reason to believe that the agency will initiate an
21	21	enforcement action against the state under that Act;
22	22	(2) learns that a permit application under the
23	23	federal Clean Air Act (42 U.S.C. Section 7401 et seq.) for a
24	24	facility located in this state has been pending with the United
25	25	States Environmental Protection Agency for more than one year and
26	26	the commission has determined the facility, equipment and tangible
27	27	property has no emissions;
28	28	(3) learns that the United States Environmental
29	29	Protection Agency has proposed or adopted a rule or regulation
30	30	under the federal Clean Air Act (42 U.S.C. Section 7401 et seq.)
31	31	that adversely affects the state's sovereignty or economic
32	32	development or state determination of emissions levels or job
33	33	creation in this state;
34	34	(4) learns that the United States Environmental
35	35	Protection Agency is considering prohibiting a category of
36	36	emissions or imposing more stringent standards for a category of
37	37	emissions under the federal Clean Air Act (42 U.S.C. Section 7401
38	38	et seq.);
39	39	(5) has a dispute with the United States Environmental
40	40	Protection Agency relating to the issuance of permits or proposed
41	41	or adopted rules or regulations relating to emissions; or
42	42	(6) learns that the United States Environmental
43	43	Protection Agency has objection to programs in Chapter 386, Texas
44	44	Emissions Reduction Plan.
45	45	Sec. 5.137. COMMISSION EMMISSIONS DETERMINATION. The
46	46	commission determination that a facility, equipment or tangible
47	47	property has no emissions or that a no emissions event has
48	48	occurred, shall be considered conclusional. The commission
49	49	decision shall be defended by the state including any federal
50	50	action.
51	51	SECTION 2. Subchapter B, Chapter 386, Health and Safety
52	52	Code, is amended by adding Section 386.059 to read as follows:
53	53	Sec. 386.059. DEFENSE OF TEXAS EMISSIONS REDUCTION PLAN.
54	54	(a) It is the intent of the Legislature that any Commission
55	55	decision under Chapter 386, Texas Emissions Reduction Plan, shall
56	56	be defended by the State, including against any federal actions.
57	57	SECTION 3. Subchapter D, Chapter 5, Water Code, is amended
58	58	by adding Section 5.1032 to read as follows:
59	59	Sec. 5.1032. ADOPTION OF ENVIRONMENTAL RULES. (a) In this
60	60	section:
61	61	(1) "Benefit" has the meaning assigned by Section
62	62	2001.0225, Government Code.
63	63	(2) "Cost" means a reasonably identifiable and
64	64	significant direct or indirect economic effect.
65	65	(3) "Environmental effect" means a reasonably
66	66	identifiable and quantifiable direct or indirect effect or outcome
67	67	affecting the environment, including air, soil, or water quality.
68	68	(4) "Environmental rule" means a rule the specific
69	69	intent of which is to protect the environment or reduce risks to
70	70	human health from environmental exposure by the control of
71	71	emissions or contaminants in the air, water, or soil. The term does
72	72	not include an emergency rule or a rule that provides only
73	73	procedural requirements.
74	74	(b) Before adopting an environmental rule, the commission
75	75	shall conduct a regulatory analysis that considers the costs and
76	76	environmental effects and benefits expected to result from
77	77	implementation of and compliance with the rule.
78	78	(c) The commission shall expedite any rule, in which the
79	79	commission staff has determined that a facility, equipment or
80	80	tangible property produces no emissions.
81	81	SECTION 4. This Act takes effect September 1, 2015.