|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the stringency of requirements imposed by the Texas |
|
Commission on Environmental Quality. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 5.102, Water Code, is amended by adding |
|
Subsection (c) to read as follows: |
|
(c) Notwithstanding any other law, the commission may not |
|
impose a standard or requirement to regulate an activity under the |
|
commission's jurisdiction that is more stringent than the minimum |
|
acceptable standard or requirement under the applicable federal law |
|
or a regulation adopted by the United States Environmental |
|
Protection Agency to regulate the same activity. |
|
SECTION 2. Section 382.0173(d), Health and Safety Code, is |
|
amended to read as follows: |
|
(d) This section applies only while the federal rules cited |
|
in this section are enforceable. The [and does not limit the
|
|
authority of the] commission may not [to] implement more stringent |
|
emissions control requirements than are required by federal law. |
|
SECTION 3. Section 26.357(b), Water Code, is amended to |
|
read as follows: |
|
(b) The commission may not impose standards or rules more |
|
stringent than the federal requirements [unless the commission
|
|
determines that more stringent standards or rules are necessary to
|
|
protect human health or the environment]. |
|
SECTION 4. Section 27.020, Water Code, is amended to read as |
|
follows: |
|
Sec. 27.020. MINING OF SULFUR. The commission is |
|
authorized to develop a regulatory program with respect to the |
|
injection of fluid associated with the mining of sulfur by the |
|
Frasch process in accordance with the provisions of this chapter. |
|
The commission may not impose any requirements more stringent than |
|
those promulgated by the administrator of the United States |
|
Environmental Protection Agency pursuant to the federal Safe |
|
Drinking Water Act, 42 U.S.C. 300h et seq., as amended[, unless the
|
|
commission determines that more stringent regulations are
|
|
necessary to protect human health or the environment]. |
|
SECTION 5. (a) Not later than September 1, 2012, the Texas |
|
Commission on Environmental Quality shall adopt rules to comply |
|
with Section 5.102, Water Code, as amended by this Act. |
|
(b) A rule or policy of the Texas Commission on |
|
Environmental Quality that does not meet the requirements of |
|
Section 5.102, Water Code, as amended by this Act, remains in effect |
|
only until the earlier of: |
|
(1) the date the rule or policy is revised by the |
|
commission under Subsection (a) of this section; or |
|
(2) September 1, 2012. |
|
SECTION 6. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2011. |