Bill Text: TX SB467 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the regulatory analysis of rules proposed by the Texas Commission on Environmental Quality.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2013-05-14 - Failed to receive affirmative vote in comm. [SB467 Detail]
Download: Texas-2013-SB467-Engrossed.html
By: Hegar, Paxton | S.B. No. 467 | |
Schwertner |
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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. 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. | ||
(1-a) "Cost" means a reasonably identifiable and | ||
significant direct or indirect economic effect. | ||
(2) "Environmental effect" means a reasonably | ||
identifiable and quantifiable direct or indirect effect or outcome | ||
affecting the environment, including air, soil, or water quality. | ||
(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 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. | ||
(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 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 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 effects and 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 compliance 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 compliance costs that the agency 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 agency 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 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 compliance with the procedural | ||
requirements of this section, the rule is invalid provided that a | ||
rule to be submitted as a control method in this state's air quality | ||
state implementation plan may not be invalidated for failure of | ||
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, 2013. | ||
SECTION 3. This Act takes effect September 1, 2013. |