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A BILL TO BE ENTITLED
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AN ACT
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relating to the stringency of environmental regulations adopted by |
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state agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 2001.0225, Government |
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Code, is amended to read as follows: |
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Sec. 2001.0225. ADOPTION [REGULATORY ANALYSIS] OF CERTAIN |
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[MAJOR] ENVIRONMENTAL RULES PROHIBITED. |
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SECTION 2. Section 2001.0225(a), Government Code, is |
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amended to read as follows: |
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(a) Notwithstanding any other law, [This section applies
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only to a major environmental rule adopted by] a state agency may |
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not by rule adopt an environmental standard or requirement[,] the |
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result of which is to: |
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(1) exceed a standard set by federal law, unless the |
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rule is specifically required by state law; |
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(2) exceed an express requirement of state law, unless |
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the rule is specifically required by federal law; |
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(3) exceed a requirement of a delegation agreement or |
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contract between the state and an agency or representative of the |
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federal government to implement a state and federal program; or |
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(4) adopt a rule solely under the general powers of the |
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agency instead of under a specific state law. |
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SECTION 3. Sections 2001.035(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) A rule is voidable unless a state agency adopts it in |
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substantial compliance with Section 2001.0225 and the procedural |
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requirements of Sections 2001.023 [2001.0225] through 2001.034. |
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(b) A person must initiate a proceeding to contest a rule on |
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the ground of noncompliance with Section 2001.0225 or the |
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procedural requirements of Sections 2001.023 [2001.0225] through |
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2001.034 not later than the second anniversary of the effective |
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date of the rule. |
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SECTION 4. Section 2001.040, Government Code, is amended to |
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read as follows: |
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Sec. 2001.040. SCOPE AND EFFECT OF ORDER INVALIDATING |
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AGENCY RULE. If a court finds that an agency has not substantially |
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complied with Section 2001.0225 or one or more procedural |
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requirements of Sections 2001.023 [2001.0225] through 2001.034, |
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the court may remand the rule, or a portion of the rule, to the |
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agency and, if it does so remand, shall provide a reasonable time |
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for the agency to either revise or readopt the rule through |
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established procedure. During the remand period, the rule shall |
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remain effective unless the court finds good cause to invalidate |
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the rule or a portion of the rule, effective as of the date of the |
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court's order. |
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SECTION 5. Section 382.0173(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) This section applies only while the federal rules cited |
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in this section are enforceable. The [and does not limit the
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authority of the] commission may not [to] implement more stringent |
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emissions control requirements than are required by federal law. |
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SECTION 6. Section 382.051961(b), Health and Safety Code, |
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is amended to read as follows: |
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(b) The commission may not adopt a new permit by rule or a |
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new standard permit or amend an existing permit by rule or an |
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existing standard permit relating to a facility to which this |
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section applies unless the commission: |
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(1) [conducts a regulatory analysis as provided by
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Section 2001.0225, Government Code;
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[(2)] determines, based on the evaluation of credible |
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air quality monitoring data, that the emissions limits or other |
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emissions-related requirements of the permit are necessary to |
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ensure that the intent of this chapter is not contravened, |
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including the protection of the public's health and physical |
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property; |
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(2) [(3)] establishes any required emissions limits |
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or other emissions-related requirements based on: |
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(A) the evaluation of credible air quality |
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monitoring data; and |
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(B) credible air quality modeling that is not |
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based on the worst-case scenario of emissions or other worst-case |
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modeling scenarios unless the actual air quality monitoring data |
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and evaluation of that data indicate that the worst-case scenario |
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of emissions or other worst-case modeling scenarios yield modeling |
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results that reflect the actual air quality monitoring data and |
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evaluation; and |
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(3) [(4)] considers whether the requirements of the |
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permit should be imposed only on facilities that are located in a |
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particular geographic region of the state. |
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SECTION 7. Section 91.602(b), Natural Resources Code, is |
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amended to read as follows: |
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(b) The rules adopted by the commission under this section |
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must be consistent with the hazardous waste regulations adopted by |
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the administrator of the United States Environmental Protection |
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Agency under the federal Solid Waste Disposal Act, as amended by the |
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Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section |
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6901 et seq.). [The commission may adopt and enforce rules that are
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more stringent than the federal hazardous waste regulations if
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necessary to protect human health.] |
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SECTION 8. Section 26.357(b), Water Code, is amended to |
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read as follows: |
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(b) The commission may not impose standards or rules more |
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stringent than the federal requirements [unless the commission
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determines that more stringent standards or rules are necessary to
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protect human health or the environment]. |
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SECTION 9. Section 27.020, Water Code, is amended to read as |
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follows: |
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Sec. 27.020. MINING OF SULFUR. The commission is |
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authorized to develop a regulatory program with respect to the |
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injection of fluid associated with the mining of sulfur by the |
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Frasch process in accordance with the provisions of this chapter. |
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The commission may not impose any requirements more stringent than |
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those promulgated by the administrator of the United States |
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Environmental Protection Agency pursuant to the federal Safe |
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Drinking Water Act, 42 U.S.C. 300h et seq., as amended[, unless the
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commission determines that more stringent regulations are
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necessary to protect human health or the environment]. |
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SECTION 10. Sections 2001.0225(b), (c), (d), (e), (f), and |
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(g), Government Code, are repealed. |
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SECTION 11. (a) Not later than September 1, 2014, a state |
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agency shall adopt rules to comply with Section 2001.0225, |
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Government Code, as amended by this Act. |
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(b) A rule or policy of a state agency that does not meet the |
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requirements of Section 2001.0225, Government Code, as amended by |
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this Act, remains in effect only until the earlier of: |
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(1) the date the rule or policy is revised by the |
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agency under Subsection (a) of this section; or |
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(2) September 1, 2014. |
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SECTION 12. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2013. |