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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. Section 2001.0225(a), Government Code, is |
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amended to read as follows: |
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(a) This section applies only to a major environmental rule |
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adopted by a state agency other than the Texas Commission on |
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Environmental Quality, the 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 2. 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 5.1032, Water [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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(3) establishes any required emissions limits or other |
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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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(4) considers whether the requirements of the permit |
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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 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) "Cost" means a reasonably identifiable, |
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significant, and direct or indirect negative economic effect. |
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(2) "Environmental benefit" means a reasonably |
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identifiable, significant, and direct effect, including a |
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quantifiable environmental, health, or economic effect, that is |
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expected to result from regulation of the pollutant or pollutants |
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targeted by an environmental rule. The term does not include |
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incidental co-benefits expected to result from the implementation |
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of an environmental rule, including the reduction of pollutants |
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already regulated by separate environmental rules. |
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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: |
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(1) identifies the problem the rule is intended to |
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address; |
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(2) determines whether a new rule is necessary to |
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address the problem; and |
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(3) considers the benefits and costs of the proposed |
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rule in relationship to state agencies, local governments, the |
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public, the regulated community, and the environment. |
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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 benefits that the |
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agency expects to result from implementation of and compliance with |
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the rule, including the projected level of reduction of pollutants |
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or 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 benefits of an |
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environmental rule under Subsection (c)(2), the commission shall |
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include the modeled improvement for the criteria pollutant design |
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value expected from implementation of the rule, if the rule will be |
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included in the state implementation plan under the federal Clean |
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Air Act (42 U.S.C. 7401 et seq.). |
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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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environmental rule should be adopted, the commission shall prepare |
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a final regulatory analysis that complies with Section 2001.033, |
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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 4. The change in law made by this Act applies only |
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to an environmental rule proposed by the Texas Commission on |
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Environmental Quality for which notice is given under Sections |
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2001.023 and 2001.024, Government Code, on or after December 1, |
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2019. |
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SECTION 5. This Act takes effect September 1, 2019. |