85R4545 JAM-D     By: Burkett H.B. No. 815       A BILL TO BE ENTITLED   AN ACT   relating to the regulatory analysis of rules proposed by the Texas   Commission on Environmental Quality.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 5, Water Code, is amended   by adding Section 5.1032 to read as follows:          Sec. 5.1032.  ADOPTION OF ENVIRONMENTAL RULES. (a)  In this   section:                (1)  "Benefit" has the meaning assigned by Section   2001.0225, Government Code.                (2)  "Cost" means a reasonably identifiable and   significant direct or indirect economic effect.                (3)  "Environmental effect" means a reasonably   identifiable and quantifiable direct or indirect effect or outcome   affecting the environment, including air, soil, or water quality.                (4)  "Environmental rule" means a rule the specific   intent of which is to protect the environment or reduce risks to   human health from environmental exposure by the control of   emissions or contaminants in the air, water, or soil.  The term does   not include an emergency rule or a rule that provides only   procedural requirements.                (5)  "Small business" means a business that employs not   more than 250 individuals.          (b)  Before adopting an environmental rule, the commission   shall conduct a regulatory analysis that considers the costs and   environmental effects and benefits expected to result from   implementation of and compliance with the rule.          (c)  When giving notice of an environmental rule, the   commission shall incorporate into the public benefits and costs   note required by Section 2001.024, Government Code, an analysis   describing the anticipated effects of the proposed rule. The   analysis, at a minimum, must:                (1)  identify the problem the rule is intended to   address;                (2)  identify the environmental effects and benefits   that the commission expects to result from implementation of and   compliance with the rule, including the projected level of   reduction of pollutants or contaminants in air, water, and soil   media;                (3)  identify and describe the compliance costs that   the commission expects that state agencies, local governments, the   public, and the affected regulated entities, other than small   businesses, will incur from implementation of and compliance with   the rule; and                (4)  identify and describe in a separate economic   impact analysis the compliance costs that the commission expects   that small businesses will incur from implementation of and   compliance with the rule.          (d)  In identifying the environmental effects and benefits   of a rule under Subsection (c)(2), the commission shall include the   modeled improvement for the criteria pollutant design value   expected from implementation of the rule, if the rule will be   submitted as a control measure in this state's air quality state   implementation plan.          (e)  After considering public comments submitted under   Section 2001.029, Government Code, and determining that a proposed   rule should be adopted, the commission shall prepare a final   regulatory analysis that complies with Section 2001.033,   Government Code.          (f)  A person who submitted a comment in accordance with   Section 2001.029, Government Code, may challenge the validity of an   environmental rule that is not proposed and adopted in strict   compliance with the procedural requirements of this section by   filing an action for declaratory judgment as provided by Section   2001.038, Government Code, not later than the 30th day after the   effective date of the rule. If the court determines that an   environmental rule was not proposed and adopted in strict   compliance with the procedural requirements of this section, the   rule is invalid except that a rule to be included in this state's   air quality state implementation plan may not be invalidated for   failure of strict compliance if the invalidation will prevent the   timely implementation of a federal requirement.          (g)  If a court determines that an environmental rule is   invalid under Subsection (f), the provisions of Section 2001.040,   Government Code, apply.          SECTION 2.  The change in law made by this Act applies only   to a rule proposed by the Texas Commission on Environmental Quality   for which notice is given under Sections 2001.023 and 2001.024,   Government Code, on or after December 1, 2017.          SECTION 3.  This Act takes effect September 1, 2017.