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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulatory analysis of rules proposed by the Texas |
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Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 5, Water Code, is amended |
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by adding Section 5.1032 to read as follows: |
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Sec. 5.1032. ADOPTION OF ENVIRONMENTAL RULES. (a) In this |
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section: |
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(1) "Cost" means a reasonably identifiable, |
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significant, direct or indirect economic impact. |
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(2) "Environmental effect" means a reasonably |
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identifiable and quantifiable effect or outcome affecting the |
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environment or human health. |
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(3) "Environmental rule" means a rule the specific |
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intent of which is to protect the environment or reduce risks to |
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human health from environmental exposure. |
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(4) "Small business" means a business that employs not |
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more than 250 individuals. |
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(b) Before adopting an environmental rule, the commission |
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shall conduct a regulatory analysis that weighs the costs and |
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environmental effects expected to result from implementation of and |
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compliance with the rule. |
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(c) When giving notice of an environmental rule, the |
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commission shall incorporate into the fiscal note required by |
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Section 2001.024, Government Code, a draft impact analysis |
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describing the anticipated effects of the proposed rule. The draft |
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impact analysis, at a minimum, must: |
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(1) identify the problem the rule is intended to |
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address; |
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(2) identify the environmental effects that the agency |
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expects to result from implementation of and compliance with the |
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rule, including the projected level of reduction of pollutants or |
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contaminants in air, water, and soil media; |
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(3) identify and describe the costs that the agency |
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expects that state agencies, local governments, the public, and the |
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affected regulated entities, other than small businesses, will |
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incur from implementation of and compliance with the rule; and |
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(4) identify and describe in a separate economic |
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impact analysis the costs that the agency expects that small |
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businesses will incur from implementation of and compliance with |
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the rule. |
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(d) In identifying the environmental effects of a rule under |
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Subsection (c)(2), the commission shall include the modeled |
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improvement for the criteria pollutant design value expected from |
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implementation of the rule, if the rule will be included in the |
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state implementation plan. |
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(e) After considering public comments submitted under |
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Section 2001.029, Government Code, and determining that a proposed |
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rule should be adopted, the agency shall prepare a final regulatory |
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analysis that complies with Section 2001.033, Government Code. |
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(f) A person who submitted a comment in accordance with |
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Section 2001.029, Government Code, may challenge the validity of an |
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environmental rule that is not proposed and adopted in strict |
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compliance with the procedural requirements of this section by |
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filing an action for declaratory judgment as provided by Section |
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2001.038, Government Code, not later than the 30th day after the |
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effective date of the rule. If the court determines that an |
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environmental rule was not proposed and adopted in strict |
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compliance with the procedural requirements of this section, the |
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rule is invalid. |
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SECTION 2. The change in law made by this Act applies only |
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to a rule proposed by the Texas Commission on Environmental Quality |
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for which notice is given under Sections 2001.023 and 2001.024, |
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Government Code, on or after December 1, 2013. |
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SECTION 3. This Act takes effect September 1, 2013. |