HBA-KMH C.S.H.B. 2597 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2597 By: McReynolds Environmental Regulation 3/31/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, under Chapter 382, Health and Safety Code, the Texas Natural Resource Conservation Commission (TNRCC) is charged with enforcing the Texas Clean Air Act and adopting administrative rules to regulate the quality of the state's air. This includes the regulation of airborne antimicrobial products. An antimicrobial product is one that disinfects and sanitizes by protecting surfaces from bacteria, viruses and fungi. These products must be registered with the Environmental Protection Agency in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act. Hospitals use these products in a medical environment to ensure that infectious diseases do not spread. C.S.H.B. 2597 prohibits TNRCC from adopting a rule that lessens the efficacy of a hospital or medical disinfectant in killing or inactivating agents of an infectious disease, including a rule restricting volatile organic compound content of or emissions from disinfectants, except as specifically required to comply with federal law or regulation. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to the Texas Natural Resource Conservation Commission is modified in SECTION 1 (Section 382.0201, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter B, Chapter 382, Health and Safety Code, by adding Section 382.0201, as follows: Sec. 382.0201. PROHIBITION ON COMMISSION RULE RELATING TO EMISSIONS FROM CERTAIN HOSPITAL OR MEDICAL DISINFECTANTS. Defines "hospital or medical disinfectant." Prohibits the Texas Natural Resource Conservation Commission from adopting a rule that lessens the efficacy of a hospital or medical disinfectant in killing or inactivating agents of an infectious disease, including a rule restricting volatile organic compound content of or emissions from disinfectants, except as specifically required to comply with federal law or regulation. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2597 clarifies in proposed Section 382.0201(b) that the commission may only act contrary to the prohibition if specifically required to comply with federal law or regulation.