By: Laubenberg H.B. No. 3450
A BILL TO BE ENTITLED
AN ACT
relating to the Texas Commission on Environmental Quality,
emissions, state sovereignty and certain actions taken by the
United States Environmental Protection Agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 5, Water Code, is amended
by adding Section 5.136 to read as follows:
Sec. 5.136. NOTIFICATION BY COMMISSION. The commission
shall notify the governor, the lieutenant governor, and the
speaker of the house of repres
entatives not later than the 10th day
after the date that the commission:
(1) learns that the United States Environmental
Protection Agency has initiated an enforcement action under the
federal Clean Air Act (42 U.S.C. Section 7401 et seq.) against the
state or has reason to believe that the agency will initiate an
enforcement action against the state under that Act;
(2) learns that a permit application under the
federal Clean Air Act (42 U.S.C. Section 7401 et seq.) for a
facility located in this state has been pending with the United
States Environmental Protection Agency for more than one year and
the commission has determined the facility, equipment and tangible
property has no emissions;
(3) learns that the United States Environmental
Protection Agency has proposed or adopted a rule or regulation
under the federal Clean Air Act (42 U.S.C. Section 7401 et seq.)
that adversely affects the state's sovereignty or economic
development or state determination of emissions levels or job
creation in this state;
(4) learns that the United States Environmental
Protection Agency is considering prohibiting a category of
emissions or imposing more stringent standards for a category of
emissions under the federal Clean Air Act (42 U.S.C. Section 7401
et seq.);
(5) has a dispute with the United States Environmental
Protection Agency relating to the issuance of permits or proposed
or adopted rules or regulations relating to emissions; or
(6) learns that the United States Environmental
Protection Agency has objection to programs in Chapter 386, Texas
Emissions Reduction Plan.
Sec. 5.137. COMMISSION EMMISSIONS DETERMINATION. The
commission determination that a facility, equipment or tangible
property has no emissions or that a no emissions event has
occurred, shall be considered conclusional. The commission
decision shall be defended by the state including any federal
action.
SECTION 2. Subchapter B, Chapter 386, Health and Safety
Code, is amended by adding Section 386.059 to read as follows:
Sec. 386.059. DEFENSE OF TEXAS EMISSIONS REDUCTION PLAN.
(a) It is the intent of the Legislature that any Commission
decision under Chapter 386, Texas Emissions Reduction Plan, shall
be defended by the State, including against any federal actions.
SECTION 3. Subchapter D, Chapter 5, Water Code, is amended
by adding Section 5.1032 to read as follows:
Sec. 5.1032. ADOPTION OF ENVIRONMENTAL RULES. (a) In this
section:
(1) "Benefit" has the meaning assigned by Section
2001.0225, Government Code.
(2) "Cost" means a reasonably identifiable and
significant direct or indirect economic effect.
(3) "Environmental effect" means a reasonably
identifiable and quantifiable direct or indirect effect or outcome
affecting the environment, including air, soil, or water quality.
(4) "Environmental rule" means a rule the specific
intent of which is to protect the environment or reduce risks to
human health from environmental exposure by the control of
emissions or contaminants in the air, water, or soil. The term does
not include an emergency rule or a rule that provides only
procedural requirements.
(b) Before adopting an environmental rule, the commission
shall conduct a regulatory analysis that considers the costs and
environmental effects and benefits expected to result from
implementation of and compliance with the rule.
(c) The commission shall expedite any rule, in which the
commission staff has determined that a facility, equipment or
tangible property produces no emissions.
SECTION 4. This Act takes effect September 1, 2015.