Texas 2019 - 86th Regular

Texas House Bill HB3816 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R27708~~ JAM-D
	1	+	86R7514 JAM-D
2	2		By: Morrison H.B. No. 3816
3		-	Substitute the following for H.B. No. 3816:
4		-	By: Lozano C.S.H.B. No. 3816
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the regulatory analysis of rules proposed by the Texas
10	8		Commission on Environmental Quality.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 2001.0225(a), Government Code, is
13	11		amended to read as follows:
14	12		(a) This section applies only to a major environmental rule
15	13		adopted by a state agency other than the Texas Commission on
16	14		Environmental Quality, the result of which is to:
17	15		(1) exceed a standard set by federal law, unless the
18	16		rule is specifically required by state law;
19	17		(2) exceed an express requirement of state law, unless
20	18		the rule is specifically required by federal law;
21	19		(3) exceed a requirement of a delegation agreement or
22	20		contract between the state and an agency or representative of the
23	21		federal government to implement a state and federal program; or
24	22		(4) adopt a rule solely under the general powers of the
25	23		agency instead of under a specific state law.
26	24		SECTION 2. Section 382.051961(b), Health and Safety Code,
27	25		is amended to read as follows:
28	26		(b) The commission may not adopt a new permit by rule or a
29	27		new standard permit or amend an existing permit by rule or an
30	28		existing standard permit relating to a facility to which this
31	29		section applies unless the commission:
32	30		(1) conducts a regulatory analysis as provided by
33	31		Section 5.1032, Water [2001.0225, Government] Code;
34	32		(2) determines, based on the evaluation of credible
35	33		air quality monitoring data, that the emissions limits or other
36	34		emissions-related requirements of the permit are necessary to
37	35		ensure that the intent of this chapter is not contravened,
38	36		including the protection of the public's health and physical
39	37		property;
40	38		(3) establishes any required emissions limits or other
41	39		emissions-related requirements based on:
42	40		(A) the evaluation of credible air quality
43	41		monitoring data; and
44	42		(B) credible air quality modeling that is not
45	43		based on the worst-case scenario of emissions or other worst-case
46	44		modeling scenarios unless the actual air quality monitoring data
47	45		and evaluation of that data indicate that the worst-case scenario
48	46		of emissions or other worst-case modeling scenarios yield modeling
49	47		results that reflect the actual air quality monitoring data and
50	48		evaluation; and
51	49		(4) considers whether the requirements of the permit
52	50		should be imposed only on facilities that are located in a
53	51		particular geographic region of the state.
54	52		SECTION 3. Subchapter D, Chapter 5, Water Code, is amended
55	53		by adding Section 5.1032 to read as follows:
56	54		Sec. 5.1032. ADOPTION OF ENVIRONMENTAL RULES. (a) In this
57	55		section:
58	56		(1) "Cost" means a reasonably identifiable,
59	57		significant, and direct or indirect negative economic effect.
60	58		(2) "Environmental benefit" means a reasonably
61	59		identifiable, significant, and direct effect, including a
62	60		quantifiable environmental, health, or economic effect, that is
63	61		expected to result from regulation of the pollutant or pollutants
64	62		targeted by an environmental rule. The term does not include
65	63		incidental co-benefits expected to result from the implementation
66	64		of an environmental rule, including the reduction of pollutants
67	65		already regulated by separate environmental rules.
68	66		(3) "Environmental rule" means a rule the specific
69	67		intent of which is to protect the environment or reduce risks to
70	68		human health from environmental exposure.
71	69		(4) "Small business" means a business that employs not
72	70		more than 250 individuals.
73	71		(b) Before adopting an environmental rule, the commission
74	72		shall conduct a regulatory analysis that:
75	73		(1) identifies the problem the rule is intended to
76	74		address;
77	75		(2) determines whether a new rule is necessary to
78	76		address the problem; and
79	77		(3) considers the benefits and costs of the proposed
80	78		rule in relationship to state agencies, local governments, the
81	79		public, the regulated community, and the environment.
82	80		(c) When giving notice of an environmental rule, the
83	81		commission shall incorporate into the fiscal note required by
84	82		Section 2001.024, Government Code, a draft impact analysis
85	83		describing the anticipated effects of the proposed rule. The draft
86	84		impact analysis, at a minimum, must:
87	85		(1) identify the problem the rule is intended to
88	86		address;
89	87		(2) identify the environmental benefits that the
90	88		agency expects to result from implementation of and compliance with
91	89		the rule, including the projected level of reduction of pollutants
92	90		or contaminants in air, water, and soil media;
93	91		(3) identify and describe the costs that the agency
94	92		expects that state agencies, local governments, the public, and the
95	93		affected regulated entities, other than small businesses, will
96	94		incur from implementation of and compliance with the rule; and
97	95		(4) identify and describe in a separate economic
98	96		impact analysis the costs that the agency expects that small
99	97		businesses will incur from implementation of and compliance with
100	98		the rule.
101	99		(d) In identifying the environmental benefits of an
102	100		environmental rule under Subsection (c)(2), the commission shall
103	101		include the modeled improvement for the criteria pollutant design
104	102		value expected from implementation of the rule, if the rule will be
105	103		included in the state implementation plan under the federal Clean
106	104		Air Act (42 U.S.C. 7401 et seq.).
107	105		(e) After considering public comments submitted under
108	106		Section 2001.029, Government Code, and determining that a proposed
109	107		environmental rule should be adopted, the commission shall prepare
110	108		a final regulatory analysis that complies with Section 2001.033,
111	109		Government Code.
	110	+	(f) A person who submitted a comment in accordance with
	111	+	Section 2001.029, Government Code, may challenge the validity of an
	112	+	environmental rule that is not proposed and adopted in strict
	113	+	compliance with the procedural requirements of this section by
	114	+	filing an action for declaratory judgment as provided by Section
	115	+	2001.038, Government Code, not later than the 30th day after the
	116	+	effective date of the rule. If the court determines that an
	117	+	environmental rule was not proposed and adopted in strict
	118	+	compliance with the procedural requirements of this section, the
	119	+	rule is invalid.
112	120		SECTION 4. The change in law made by this Act applies only
113	121		to an environmental rule proposed by the Texas Commission on
114	122		Environmental Quality for which notice is given under Sections
115	123		2001.023 and 2001.024, Government Code, on or after December 1,
116	124		2019.
117	125		SECTION 5. This Act takes effect September 1, 2019.