BILL ANALYSIS H.B. 2843 By: Lewis, R. (Brown) Natural Resources 5-17-95 Senate Committee Report (Amended) BACKGROUND Water pollution control in Texas is a federally delegated regulatory function administered by the Texas Natural Resource Conservation Commission. Federal requirements must be met in the state regulations adopted by the commission. In the past, the commission has proposed rules that exceed federal requirements. PURPOSE As proposed, H.B. 2843 makes state requirements for water pollution control conform with federal regulations, except when the commission makes a finding that the federal regulations are substantially inadequate to protect the environment. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the Texas Natural Resource Conservation Commission under SECTION 1 (Section 5.103(g), Water Code) and SECTION 2(a) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5.103, Water Code, by adding Subsections (d)-(g), as follows: (d) Prohibits the Texas Natural Resource Conservation Commission (commission) from adopting a new rule or amending an existing rule under Subsection (a) that as adopted or amended will be more stringent than federal regulation of the same matter, unless there is no applicable federal regulation, the more stringent rule or amendment is necessary to address an environmental condition unique to this state, or the applicable federal regulation is substantially inadequate to provide necessary protection for the environment of this state. (e) Requires the commission, if the commission proposes to adopt a new rule or amend an existing rule that will be more stringent than a federal regulation that governs the same matter, to publish with the proposed rule or amendment a detailed statement of the grounds for the commission's determination that the more stringent state rule is necessary, appropriate, and authorized by Subsection (d). (f) Prohibits the commission from adopting any rule pertaining to a water system that serves 50 or fewer connections except to comply with federal requirements or to protect the public health. (g) Requires the commission to adopt rules that prohibit the executive director from initiating or pursuing an administrative enforcement action or referring a matter to the office of the attorney general for the initiation or pursuit of an enforcement action that seeks assessment of any civil or criminal penalty if the U.S. Environmental Protection Agency would be barred from initiating the action under 23 U.S.C. Sec. 2462. SECTION 2. (a) Requires the commission, not later than the 180th day after the effective date of this Act, by rule, to adopt an order that lists certain commission rules in effect on September 1, 1995, and includes for each rule listed the detailed statement described by Section 5.103(e), Water Code. (b) Provides that Sections 2001.024(4) and (5), Government Code, do not apply to notice for the rule required to be adopted by Subsection (a) of this section. (c) Provides that a commission rule in effect on September 1, 1995, is more stringent than federal regulation of the same matter, and is not listed in the order required by Subsection (a) of this section, expires on the date the final rule adopting the order takes effect. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause.