Bill Text: TX HB3816 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-29 - Committee report sent to Calendars [HB3816 Detail]
Download: Texas-2019-HB3816-Comm_Sub.html
86R27708 JAM-D | |||
By: Morrison | H.B. No. 3816 | ||
Substitute the following for H.B. No. 3816: | |||
By: Lozano | C.S.H.B. No. 3816 |
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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 [ |
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(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. | ||
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. |