Bill Text: TX HB3450 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to the Texas Commission on Environmental Quality, emissions, state sovereignty and certain actions taken by the United States Environmental Protection Agency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-04-28 - Left pending in committee [HB3450 Detail]

Download: Texas-2015-HB3450-Introduced.html
 
 
  By: Laubenberg H.B. No. 3450
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the Texas Commission on Environmental Quality,
  emissions, state sovereignty and certain actions taken by the
  United States Environmental Protection Agency.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 5, Water Code, is amended
  by adding Section 5.136 to read as follows:
         Sec. 5.136.  NOTIFICATION BY COMMISSION. The commission
  shall notify the governor, the lieutenant governor, and the
  speaker of the house of repres
  entatives not later than the 10th day
  after the date that the commission:
               (1)  learns that the United States Environmental
  Protection Agency has initiated an enforcement action under the
  federal Clean Air Act (42 U.S.C. Section 7401 et seq.) against the
  state or has reason to believe that the agency will initiate an
  enforcement action against the state under that Act;
               (2)  learns that a permit application under the
  federal Clean Air Act (42 U.S.C. Section 7401 et seq.) for a
  facility located in this state has been pending with the United
  States Environmental Protection Agency for more than one year and
  the commission has determined the facility, equipment and tangible
  property has no emissions;
               (3)  learns that the United States Environmental
  Protection Agency has proposed or adopted a rule or regulation
  under the federal Clean Air Act (42 U.S.C. Section 7401 et seq.)
  that adversely affects the state's sovereignty or economic
  development or state determination of emissions levels or job
  creation in this state;
               (4)  learns that the United States Environmental
  Protection Agency is considering prohibiting a category of
  emissions or imposing more stringent standards for a category of
  emissions under the federal Clean Air Act (42 U.S.C. Section 7401
  et seq.);
               (5)  has a dispute with the United States Environmental
  Protection Agency relating to the issuance of permits or proposed
  or adopted rules or regulations relating to emissions; or
               (6)  learns that the United States Environmental
  Protection Agency has objection to programs in Chapter 386, Texas
  Emissions Reduction Plan.
         Sec. 5.137.  COMMISSION EMMISSIONS DETERMINATION. The
  commission determination that a facility, equipment or tangible
  property has no emissions or that a no emissions event has
  occurred, shall be considered conclusional. The commission
  decision shall be defended by the state including any federal
  action.
         SECTION 2.  Subchapter B, Chapter 386, Health and Safety
  Code, is amended by adding Section 386.059 to read as follows:
         Sec. 386.059.  DEFENSE OF TEXAS EMISSIONS REDUCTION PLAN.
  (a)  It is the intent of the Legislature that any Commission
  decision under Chapter 386, Texas Emissions Reduction Plan, shall
  be defended by the State, including against any federal actions.
         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)  "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.
         (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)  The commission shall expedite any rule, in which the
  commission staff has determined that a facility, equipment or
  tangible property produces no emissions.
         SECTION 4.  This Act takes effect September 1, 2015.
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