85R4545 JAM-D
By: Burkett H.B. No. 815
A BILL TO BE ENTITLED
AN ACT
relating to the regulatory analysis of rules proposed by the Texas
Commission on Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 5, Water Code, is amended
by adding Section 5.1032 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.
(5) "Small business" means a business that employs not
more than 250 individuals.
(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) When giving notice of an environmental rule, the
commission shall incorporate into the public benefits and costs
note required by Section 2001.024, Government Code, an analysis
describing the anticipated effects of the proposed rule. The
analysis, at a minimum, must:
(1) identify the problem the rule is intended to
address;
(2) identify the environmental effects and benefits
that the commission expects to result from implementation of and
compliance with the rule, including the projected level of
reduction of pollutants or contaminants in air, water, and soil
media;
(3) identify and describe the compliance costs that
the commission expects that state agencies, local governments, the
public, and the affected regulated entities, other than small
businesses, will incur from implementation of and compliance with
the rule; and
(4) identify and describe in a separate economic
impact analysis the compliance costs that the commission expects
that small businesses will incur from implementation of and
compliance with the rule.
(d) In identifying the environmental effects and benefits
of a rule under Subsection (c)(2), the commission shall include the
modeled improvement for the criteria pollutant design value
expected from implementation of the rule, if the rule will be
submitted as a control measure in this state's air quality state
implementation plan.
(e) After considering public comments submitted under
Section 2001.029, Government Code, and determining that a proposed
rule should be adopted, the commission shall prepare a final
regulatory analysis that complies with Section 2001.033,
Government Code.
(f) A person who submitted a comment in accordance with
Section 2001.029, Government Code, may challenge the validity of an
environmental rule that is not proposed and adopted in strict
compliance with the procedural requirements of this section by
filing an action for declaratory judgment as provided by Section
2001.038, Government Code, not later than the 30th day after the
effective date of the rule. If the court determines that an
environmental rule was not proposed and adopted in strict
compliance with the procedural requirements of this section, the
rule is invalid except that a rule to be included in this state's
air quality state implementation plan may not be invalidated for
failure of strict compliance if the invalidation will prevent the
timely implementation of a federal requirement.
(g) If a court determines that an environmental rule is
invalid under Subsection (f), the provisions of Section 2001.040,
Government Code, apply.
SECTION 2. The change in law made by this Act applies only
to a rule proposed by the Texas Commission on Environmental Quality
for which notice is given under Sections 2001.023 and 2001.024,
Government Code, on or after December 1, 2017.
SECTION 3. This Act takes effect September 1, 2017.