Texas 2019 - 86th Regular

Texas Senate Bill SB2387 Compare Versions

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

Old	New	Differences
1	1	86R7514 JAM-D
2	2	By: Powell S.B. No. 2387
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. Section 2001.0225(a), Government Code, is
11	11	amended to read as follows:
12	12	(a) This section applies only to a major environmental rule
13	13	adopted by a state agency other than the Texas Commission on
14	14	Environmental Quality, the result of which is to:
15	15	(1) exceed a standard set by federal law, unless the
16	16	rule is specifically required by state law;
17	17	(2) exceed an express requirement of state law, unless
18	18	the rule is specifically required by federal law;
19	19	(3) exceed a requirement of a delegation agreement or
20	20	contract between the state and an agency or representative of the
21	21	federal government to implement a state and federal program; or
22	22	(4) adopt a rule solely under the general powers of the
23	23	agency instead of under a specific state law.
24	24	SECTION 2. Section 382.051961(b), Health and Safety Code,
25	25	is amended to read as follows:
26	26	(b) The commission may not adopt a new permit by rule or a
27	27	new standard permit or amend an existing permit by rule or an
28	28	existing standard permit relating to a facility to which this
29	29	section applies unless the commission:
30	30	(1) conducts a regulatory analysis as provided by
31	31	Section 5.1032, Water [2001.0225, Government] Code;
32	32	(2) determines, based on the evaluation of credible
33	33	air quality monitoring data, that the emissions limits or other
34	34	emissions-related requirements of the permit are necessary to
35	35	ensure that the intent of this chapter is not contravened,
36	36	including the protection of the public's health and physical
37	37	property;
38	38	(3) establishes any required emissions limits or other
39	39	emissions-related requirements based on:
40	40	(A) the evaluation of credible air quality
41	41	monitoring data; and
42	42	(B) credible air quality modeling that is not
43	43	based on the worst-case scenario of emissions or other worst-case
44	44	modeling scenarios unless the actual air quality monitoring data
45	45	and evaluation of that data indicate that the worst-case scenario
46	46	of emissions or other worst-case modeling scenarios yield modeling
47	47	results that reflect the actual air quality monitoring data and
48	48	evaluation; and
49	49	(4) considers whether the requirements of the permit
50	50	should be imposed only on facilities that are located in a
51	51	particular geographic region of the state.
52	52	SECTION 3. Subchapter D, Chapter 5, Water Code, is amended
53	53	by adding Section 5.1032 to read as follows:
54	54	Sec. 5.1032. ADOPTION OF ENVIRONMENTAL RULES. (a) In this
55	55	section:
56	56	(1) "Cost" means a reasonably identifiable,
57	57	significant, and direct or indirect negative economic effect.
58	58	(2) "Environmental benefit" means a reasonably
59	59	identifiable, significant, and direct effect, including a
60	60	quantifiable environmental, health, or economic effect, that is
61	61	expected to result from regulation of the pollutant or pollutants
62	62	targeted by an environmental rule. The term does not include
63	63	incidental co-benefits expected to result from the implementation
64	64	of an environmental rule, including the reduction of pollutants
65	65	already regulated by separate environmental rules.
66	66	(3) "Environmental rule" means a rule the specific
67	67	intent of which is to protect the environment or reduce risks to
68	68	human health from environmental exposure.
69	69	(4) "Small business" means a business that employs not
70	70	more than 250 individuals.
71	71	(b) Before adopting an environmental rule, the commission
72	72	shall conduct a regulatory analysis that:
73	73	(1) identifies the problem the rule is intended to
74	74	address;
75	75	(2) determines whether a new rule is necessary to
76	76	address the problem; and
77	77	(3) considers the benefits and costs of the proposed
78	78	rule in relationship to state agencies, local governments, the
79	79	public, the regulated community, and the environment.
80	80	(c) When giving notice of an environmental rule, the
81	81	commission shall incorporate into the fiscal note required by
82	82	Section 2001.024, Government Code, a draft impact analysis
83	83	describing the anticipated effects of the proposed rule. The draft
84	84	impact analysis, at a minimum, must:
85	85	(1) identify the problem the rule is intended to
86	86	address;
87	87	(2) identify the environmental benefits that the
88	88	agency expects to result from implementation of and compliance with
89	89	the rule, including the projected level of reduction of pollutants
90	90	or contaminants in air, water, and soil media;
91	91	(3) identify and describe the costs that the agency
92	92	expects that state agencies, local governments, the public, and the
93	93	affected regulated entities, other than small businesses, will
94	94	incur from implementation of and compliance with the rule; and
95	95	(4) identify and describe in a separate economic
96	96	impact analysis the costs that the agency expects that small
97	97	businesses will incur from implementation of and compliance with
98	98	the rule.
99	99	(d) In identifying the environmental benefits of an
100	100	environmental rule under Subsection (c)(2), the commission shall
101	101	include the modeled improvement for the criteria pollutant design
102	102	value expected from implementation of the rule, if the rule will be
103	103	included in the state implementation plan under the federal Clean
104	104	Air Act (42 U.S.C. 7401 et seq.).
105	105	(e) After considering public comments submitted under
106	106	Section 2001.029, Government Code, and determining that a proposed
107	107	environmental rule should be adopted, the commission shall prepare
108	108	a final regulatory analysis that complies with Section 2001.033,
109	109	Government Code.
110	110	(f) A person who submitted a comment in accordance with
111	111	Section 2001.029, Government Code, may challenge the validity of an
112	112	environmental rule that is not proposed and adopted in strict
113	113	compliance with the procedural requirements of this section by
114	114	filing an action for declaratory judgment as provided by Section
115	115	2001.038, Government Code, not later than the 30th day after the
116	116	effective date of the rule. If the court determines that an
117	117	environmental rule was not proposed and adopted in strict
118	118	compliance with the procedural requirements of this section, the
119	119	rule is invalid.
120	120	SECTION 4. The change in law made by this Act applies only
121	121	to an environmental rule proposed by the Texas Commission on
122	122	Environmental Quality for which notice is given under Sections
123	123	2001.023 and 2001.024, Government Code, on or after December 1,
124	124	2019.
125	125	SECTION 5. This Act takes effect September 1, 2019.