ACG S.B. 633 75(R)BILL ANALYSIS


ENVIRONMENTAL REGULATION
S.B. 633
By: Brown (Uher)
4-15-97
Committee Report (Unamended)

BACKGROUND

Currently, state agencies may not consider the impact of proposed
regulations on the public, regulated community, local governments, and
state agencies.  In 1995, the Senate passed S.B. 978, which would have
required an agency adopting an environmental regulation to conduct a
cost-benefit analysis study prior to adoption of a rule.  The bill died in
the House and became the subject of a Senate Natural Resources Committee
interim study charge.  The committee recommended that the legislature opt
for a broader approach of information gathering on major environmental
regulations. This approach avoids placing a "price tag" on benefits to the
environment and human health, focusing instead on full disclosure of
information, assumptions, and data on which the proposing agency has
relied in drafting the rule.  This bill will provide regulations state
agencies must follow when adopting certain environmental rules. 

PURPOSE

S.B. 633 provides regulations state agencies must follow when adopting
certain environmental rules. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 2001, Government Code, by adding Section
2001.0225, as follows: 
 Section 2001.0225(a) Provides that this section applies only to a major
environmental rule adopted by a state agency under certain criteria.   
 Section 2001.0225(b) Requires a state agency, before adopting a major
environmental rule subject to this section, to conduct a regulatory
analysis that addresses certain issues.  
 Section 2001.0225(c) Requires a state agency, when giving notice of a
major environmental rule subject to this section, to incorporate into the
fiscal note required by Section 2001.024 a draft impact analysis
describing the anticipated effects of the proposed rule.  Requires the
draft impact analysis, at a minimum, to include certain items.   
 Section 2001.0225(d) Sets forth criteria the state agency is required to
meet prior to adopting a proposed rule and while preparing the draft
impact analysis 
 Section 2001.0225(e)  Sets forth criteria the state agency is required to
meet in making its final regulatory decision.   
 Section 2001.0225(f) Authorizes certain persons to challenge the validity
of a major environmental rule that is not proposed and adopted in
accordance with the procedural requirements of this section by filing an
action for declaratory judgment under Section 2001.038 not later than the
30th day after the effective date of the rule.  Provides that, if a court
determines that a major environmental rule was not proposed and adopted in
accordance with the procedural requirements of this section, the rule is
invalid.   
 Section 2001.0225(g) Defines "benefit," "cost," and "major environmental
rule." 
 Section 2001.0225(h) Stipulates that this section does not apply to
certain emergency rules. 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.