82R10906 JAM-F
 
  By: Legler, Chisum, Callegari, et al. H.B. No. 125
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 5.1031 to read as follows:
         Sec. 5.1031.  ADOPTION OF ENVIRONMENTAL RULES. (a) In this
  section:
               (1)  "Cost" means a reasonably identifiable,
  significant, direct or indirect economic impact.
               (2)  "Environmental effect" means a reasonably
  identifiable and quantifiable effect or outcome affecting the
  environment or human health.
               (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.
               (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 weighs the costs and
  environmental effects 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 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 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 costs that the agency expects that small
  businesses will incur from implementation of and compliance with
  the rule.
         (d)  In identifying the environmental effects 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 included in the
  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 strict
  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 strict
  compliance with the procedural requirements of this section, the
  rule is invalid.
         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, 2011.
         SECTION 3.  This Act takes effect September 1, 2011.