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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) "Benefit" has the meaning assigned by Section |
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2001.0225, Government Code. |
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(1-a) "Cost" means a reasonably identifiable and |
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significant direct or indirect economic effect. |
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(2) "Environmental effect" means a reasonably |
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identifiable and quantifiable direct or indirect effect or outcome |
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affecting the environment, including air, soil, or water quality. |
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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 by the control of |
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emissions or contaminants in the air, water, or soil. The term does |
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not include an emergency rule or a rule that provides only |
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procedural requirements. |
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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 considers the costs and |
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environmental effects and benefits expected to result from |
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implementation of and 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 and benefits |
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that the agency expects to result from implementation of and |
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compliance with the rule, including the projected level of |
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reduction of pollutants or contaminants in air, water, and soil |
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media; |
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(3) identify and describe the compliance costs that |
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the agency expects that state agencies, local governments, the |
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public, and the affected regulated entities, other than small |
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businesses, will incur from implementation of and compliance with |
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the rule; and |
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(4) identify and describe in a separate economic |
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impact analysis the compliance costs that the agency expects that |
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small businesses will incur from implementation of and compliance |
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with the rule. |
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(d) In identifying the environmental effects and benefits |
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of a rule under Subsection (c)(2), the commission shall include the |
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modeled improvement for the criteria pollutant design value |
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expected from implementation of the rule, if the rule will be |
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submitted as a control measure in this state's air quality state |
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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 compliance |
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with the procedural requirements of this section by filing an |
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action for declaratory judgment as provided by Section 2001.038, |
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Government Code, not later than the 30th day after the effective |
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date of the rule. If the court determines that an environmental |
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rule was not proposed and adopted in compliance with the procedural |
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requirements of this section, the rule is invalid provided that a |
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rule to be submitted as a control method in this state's air quality |
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state implementation plan may not be invalidated for failure of |
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compliance if the invalidation will prevent the timely |
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implementation of a federal requirement. |
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(g) If a court determines that an environmental rule is |
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invalid under Subsection (f), the provisions of Section 2001.040, |
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Government Code, apply. |
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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. |