85R9468 JAM-D
By: Bettencourt S.B. No. 939
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) "Cost" means a reasonably identifiable,
significant, and direct or indirect economic impact.
(2) "Environmental effect" means a reasonably
identifiable and quantifiable effect or outcome affecting the
environment or human health.
(3) "Environmental rule" means a rule the specific
intent of which is to protect the environment or reduce risks to
human health from environmental exposure.
(4) "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 identifies the costs and
environmental effects 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 fiscal note required by
Section 2001.024, Government Code, a draft impact analysis
describing the anticipated effects of the proposed rule. The draft
impact analysis, at a minimum, must:
(1) identify the problem the rule is intended to
address;
(2) identify the environmental effects that the agency
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 costs that the agency
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 costs that the agency expects that small
businesses will incur from implementation of and compliance with
the rule.
(d) In identifying the environmental effects 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 included in the
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 agency 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.
(g) The requirements of this section may not be construed so
as to cause a delay or to prevent the timely implementation of any
federal requirements.
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.