86R7514 JAM-D
By: Powell S.B. No. 2387
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. Section 2001.0225(a), Government Code, is
amended to read as follows:
(a) This section applies only to a major environmental rule
adopted by a state agency other than the Texas Commission on
Environmental Quality, the result of which is to:
(1) exceed a standard set by federal law, unless the
rule is specifically required by state law;
(2) exceed an express requirement of state law, unless
the rule is specifically required by federal law;
(3) exceed a requirement of a delegation agreement or
contract between the state and an agency or representative of the
federal government to implement a state and federal program; or
(4) adopt a rule solely under the general powers of the
agency instead of under a specific state law.
SECTION 2. Section 382.051961(b), Health and Safety Code,
is amended to read as follows:
(b) The commission may not adopt a new permit by rule or a
new standard permit or amend an existing permit by rule or an
existing standard permit relating to a facility to which this
section applies unless the commission:
(1) conducts a regulatory analysis as provided by
Section 5.1032, Water [2001.0225, Government] Code;
(2) determines, based on the evaluation of credible
air quality monitoring data, that the emissions limits or other
emissions-related requirements of the permit are necessary to
ensure that the intent of this chapter is not contravened,
including the protection of the public's health and physical
property;
(3) establishes any required emissions limits or other
emissions-related requirements based on:
(A) the evaluation of credible air quality
monitoring data; and
(B) credible air quality modeling that is not
based on the worst-case scenario of emissions or other worst-case
modeling scenarios unless the actual air quality monitoring data
and evaluation of that data indicate that the worst-case scenario
of emissions or other worst-case modeling scenarios yield modeling
results that reflect the actual air quality monitoring data and
evaluation; and
(4) considers whether the requirements of the permit
should be imposed only on facilities that are located in a
particular geographic region of the state.
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) "Cost" means a reasonably identifiable,
significant, and direct or indirect negative economic effect.
(2) "Environmental benefit" means a reasonably
identifiable, significant, and direct effect, including a
quantifiable environmental, health, or economic effect, that is
expected to result from regulation of the pollutant or pollutants
targeted by an environmental rule. The term does not include
incidental co-benefits expected to result from the implementation
of an environmental rule, including the reduction of pollutants
already regulated by separate environmental rules.
(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:
(1) identifies the problem the rule is intended to
address;
(2) determines whether a new rule is necessary to
address the problem; and
(3) considers the benefits and costs of the proposed
rule in relationship to state agencies, local governments, the
public, the regulated community, and the environment.
(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 benefits 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 benefits of an
environmental 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 under the federal Clean
Air Act (42 U.S.C. 7401 et seq.).
(e) After considering public comments submitted under
Section 2001.029, Government Code, and determining that a proposed
environmental 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.
SECTION 4. The change in law made by this Act applies only
to an environmental 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,
2019.
SECTION 5. This Act takes effect September 1, 2019.