HBA-KDB S.C.R. 22 77(R) BILL ANALYSIS Office of House Bill AnalysisS.C.R. 22 By: Brown, J. E. "Buster" Environmental Regulation 5/11/2001 Engrossed BACKGROUND AND PURPOSE The reduction of pollution and the protection of the environment is of great concern to both the federal government and the Texas Legislature. To protect its natural resources and environment as effectively as possible, Texas needs greater flexibility in its implementation of federal regulations. The current commandand-control approach instituted by the United States Environmental Protection Agency ( EPA) limits pollution at the state level by requiring states to adhere strictly to the federally mandated permitting process. This process has proven to be moderately successful at reducing pollution, but it is also unduly burdensome and costly to both the states and the regulated facilities relative to the results achieved. Alternative approaches are available, including outcome-based methods that allow states to measure the actual reduction of pollution rather than simply monitoring each facility's compliance with its permit. States should be given greater latitude to implement innovative regulatory programs and other pollution reduction methods that vary from the current model. Providing this flexibility would allow states to tailor appropriate and effective approaches to state-specific environmental problems rather than expending resources to ensure compliance with one-size-fits-all regulations that place an inordinate emphasis on procedural detail. Senate Concurrent Resolution 22 provides that the 77th Legislature urge the EPA to provide maximum flexibility to the states in the implementation of federal environmental programs and regulations. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this resolution does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Senate Concurrent Resolution 22 provides that the 77th Legislature of the State of Texas urge the United States Environmental Protection Agency to provide maximum flexibility to the states in the implementation of federal environmental programs and regulations.