Bill Text: TX HB815 | 2017-2018 | 85th Legislature | Introduced

Texas House Bill 815 (Prior Session Legislation)

Introduced

Bill Title: Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2017-03-14 - Withdrawn from schedule [HB815 Detail]

Download: Texas-2017-HB815-Introduced.html

	85R4545 JAM-D

	By: Burkett	H.B. No. 815



	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) "Benefit" has the meaning assigned by Section
	2001.0225, Government Code.
	(2) "Cost" means a reasonably identifiable and
	significant direct or indirect economic effect.
	(3) "Environmental effect" means a reasonably
	identifiable and quantifiable direct or indirect effect or outcome
	affecting the environment, including air, soil, or water quality.
	(4) "Environmental rule" means a rule the specific
	intent of which is to protect the environment or reduce risks to
	human health from environmental exposure by the control of
	emissions or contaminants in the air, water, or soil. The term does
	not include an emergency rule or a rule that provides only
	procedural requirements.
	(5) "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 considers the costs and
	environmental effects and benefits 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 public benefits and costs
	note required by Section 2001.024, Government Code, an analysis
	describing the anticipated effects of the proposed rule. The
	analysis, at a minimum, must:
	(1) identify the problem the rule is intended to
	address;
	(2) identify the environmental effects and benefits
	that the commission 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 compliance costs that
	the commission 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 compliance costs that the commission expects
	that small businesses will incur from implementation of and
	compliance with the rule.
	(d) In identifying the environmental effects and benefits
	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
	submitted as a control measure in this state's air quality 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 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 except that a rule to be included in this state's
	air quality state implementation plan may not be invalidated for
	failure of strict compliance if the invalidation will prevent the
	timely implementation of a federal requirement.
	(g) If a court determines that an environmental rule is
	invalid under Subsection (f), the provisions of Section 2001.040,
	Government Code, apply.
	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.