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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Commission on Environmental Quality, |
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emissions, state sovereignty and certain actions taken by the |
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United States Environmental Protection Agency. |
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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 5.136 to read as follows: |
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Sec. 5.136. NOTIFICATION BY COMMISSION. The commission |
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shall notify the governor, the lieutenant governor, and the |
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speaker of the house of repres |
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entatives not later than the 10th day |
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after the date that the commission: |
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(1) learns that the United States Environmental |
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Protection Agency has initiated an enforcement action under the |
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federal Clean Air Act (42 U.S.C. Section 7401 et seq.) against the |
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state or has reason to believe that the agency will initiate an |
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enforcement action against the state under that Act; |
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(2) learns that a permit application under the |
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federal Clean Air Act (42 U.S.C. Section 7401 et seq.) for a |
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facility located in this state has been pending with the United |
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States Environmental Protection Agency for more than one year and |
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the commission has determined the facility, equipment and tangible |
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property has no emissions; |
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(3) learns that the United States Environmental |
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Protection Agency has proposed or adopted a rule or regulation |
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under the federal Clean Air Act (42 U.S.C. Section 7401 et seq.) |
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that adversely affects the state's sovereignty or economic |
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development or state determination of emissions levels or job |
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creation in this state; |
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(4) learns that the United States Environmental |
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Protection Agency is considering prohibiting a category of |
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emissions or imposing more stringent standards for a category of |
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emissions under the federal Clean Air Act (42 U.S.C. Section 7401 |
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et seq.); |
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(5) has a dispute with the United States Environmental |
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Protection Agency relating to the issuance of permits or proposed |
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or adopted rules or regulations relating to emissions; or |
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(6) learns that the United States Environmental |
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Protection Agency has objection to programs in Chapter 386, Texas |
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Emissions Reduction Plan. |
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Sec. 5.137. COMMISSION EMMISSIONS DETERMINATION. The |
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commission determination that a facility, equipment or tangible |
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property has no emissions or that a no emissions event has |
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occurred, shall be considered conclusional. The commission |
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decision shall be defended by the state including any federal |
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action. |
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SECTION 2. Subchapter B, Chapter 386, Health and Safety |
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Code, is amended by adding Section 386.059 to read as follows: |
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Sec. 386.059. DEFENSE OF TEXAS EMISSIONS REDUCTION PLAN. |
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(a) It is the intent of the Legislature that any Commission |
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decision under Chapter 386, Texas Emissions Reduction Plan, shall |
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be defended by the State, including against any federal actions. |
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SECTION 3. 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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(2) "Cost" means a reasonably identifiable and |
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significant direct or indirect economic effect. |
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(3) "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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(4) "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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(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) The commission shall expedite any rule, in which the |
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commission staff has determined that a facility, equipment or |
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tangible property produces no emissions. |
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SECTION 4. This Act takes effect September 1, 2015. |