Texas 2017 - 85th Regular

Texas House Bill HB815 Compare Versions

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

Old	New	Differences
1	1	85R4545 JAM-D
2	2	By: Burkett H.B. No. 815
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulatory analysis of rules proposed by the Texas
8	8	Commission on Environmental Quality.
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 5.1032 to read as follows:
12	12	Sec. 5.1032. ADOPTION OF ENVIRONMENTAL RULES. (a) In this
13	13	section:
14	14	(1) "Benefit" has the meaning assigned by Section
15	15	2001.0225, Government Code.
16	16	(2) "Cost" means a reasonably identifiable and
17	17	significant direct or indirect economic effect.
18	18	(3) "Environmental effect" means a reasonably
19	19	identifiable and quantifiable direct or indirect effect or outcome
20	20	affecting the environment, including air, soil, or water quality.
21	21	(4) "Environmental rule" means a rule the specific
22	22	intent of which is to protect the environment or reduce risks to
23	23	human health from environmental exposure by the control of
24	24	emissions or contaminants in the air, water, or soil. The term does
25	25	not include an emergency rule or a rule that provides only
26	26	procedural requirements.
27	27	(5) "Small business" means a business that employs not
28	28	more than 250 individuals.
29	29	(b) Before adopting an environmental rule, the commission
30	30	shall conduct a regulatory analysis that considers the costs and
31	31	environmental effects and benefits expected to result from
32	32	implementation of and compliance with the rule.
33	33	(c) When giving notice of an environmental rule, the
34	34	commission shall incorporate into the public benefits and costs
35	35	note required by Section 2001.024, Government Code, an analysis
36	36	describing the anticipated effects of the proposed rule. The
37	37	analysis, at a minimum, must:
38	38	(1) identify the problem the rule is intended to
39	39	address;
40	40	(2) identify the environmental effects and benefits
41	41	that the commission expects to result from implementation of and
42	42	compliance with the rule, including the projected level of
43	43	reduction of pollutants or contaminants in air, water, and soil
44	44	media;
45	45	(3) identify and describe the compliance costs that
46	46	the commission expects that state agencies, local governments, the
47	47	public, and the affected regulated entities, other than small
48	48	businesses, will incur from implementation of and compliance with
49	49	the rule; and
50	50	(4) identify and describe in a separate economic
51	51	impact analysis the compliance costs that the commission expects
52	52	that small businesses will incur from implementation of and
53	53	compliance with the rule.
54	54	(d) In identifying the environmental effects and benefits
55	55	of a rule under Subsection (c)(2), the commission shall include the
56	56	modeled improvement for the criteria pollutant design value
57	57	expected from implementation of the rule, if the rule will be
58	58	submitted as a control measure in this state's air quality state
59	59	implementation plan.
60	60	(e) After considering public comments submitted under
61	61	Section 2001.029, Government Code, and determining that a proposed
62	62	rule should be adopted, the commission shall prepare a final
63	63	regulatory analysis that complies with Section 2001.033,
64	64	Government Code.
65	65	(f) A person who submitted a comment in accordance with
66	66	Section 2001.029, Government Code, may challenge the validity of an
67	67	environmental rule that is not proposed and adopted in strict
68	68	compliance with the procedural requirements of this section by
69	69	filing an action for declaratory judgment as provided by Section
70	70	2001.038, Government Code, not later than the 30th day after the
71	71	effective date of the rule. If the court determines that an
72	72	environmental rule was not proposed and adopted in strict
73	73	compliance with the procedural requirements of this section, the
74	74	rule is invalid except that a rule to be included in this state's
75	75	air quality state implementation plan may not be invalidated for
76	76	failure of strict compliance if the invalidation will prevent the
77	77	timely implementation of a federal requirement.
78	78	(g) If a court determines that an environmental rule is
79	79	invalid under Subsection (f), the provisions of Section 2001.040,
80	80	Government Code, apply.
81	81	SECTION 2. The change in law made by this Act applies only
82	82	to a rule proposed by the Texas Commission on Environmental Quality
83	83	for which notice is given under Sections 2001.023 and 2001.024,
84	84	Government Code, on or after December 1, 2017.
85	85	SECTION 3. This Act takes effect September 1, 2017.