Bill Text: TX SB1404 | 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) 2015-03-18 - Referred to Natural Resources & Economic Development [SB1404 Detail]
Download: Texas-2015-SB1404-Introduced.html
| By: Estes | S.B. No. 1404 | |
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| 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 representatives 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 cost 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. | ||
