HBA-JLV S.C.R. 23 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.C.R. 23
By: Brown, J. E. "Buster"
Environmental Regulation
5/10/2001
Engrossed



BACKGROUND AND PURPOSE 

The reduction of pollution and the protection of the environment are
matters of state and national concern, and both the state and the federal
governments bear responsibility for actions in this regard.  Ideally, this
mutual concern and shared responsibility should manifest itself in a
collaborative partnership to reduce pollution and protect natural
resources. While both state and federal governments share these goals,
differences have arisen regarding the most effective approach to
environmental problems and specific pollution reductions and environmental
protection efforts. These differences reflect a state-federal relationship
that relies less on mutual development of policy and coordination of agency
efforts and more on a command-and-control approach that focuses exclusively
on state implementation of federal regulations, thus denying Texas the
flexibility it needs to protect its natural resources and environment as
effectively as possible.  

The current approach instituted by the United States Environmental
Protection Agency (EPA) to limit pollution at the state level through the
use of a federally mandated permitting process has proven to be moderately
successful at reducing pollution, but it is also burdensome and costly to
both the states and the regulated facilities. In Texas, the burden of
enforcing federal regulating and monitoring compliance with required
permits falls primarily on the Texas Natural Resource Conservation
Commission (TNRCC). However, the overly prescriptive approach that the
federal government has taken gives TNRCC no input in the development of
these regulations and little flexibility, either in interpreting
regulations or in the way TNRCC is required to enforce them. Alternative
approaches are available, including outcome-based assessment methods that
allow the state to measure the actual reduction of pollution and identify
and target offending facilities rather than expend limited agency resources
to monitor each facility's compliance. States should be given greater
latitude to implement innovative regulatory programs and other pollution
reduction methods that vary from the current top-down model that requires
states to adhere strictly to the federally mandated permitting process.
TNRCC should take a leadership role in these efforts and work as closely as
possible with the EPA and other national environmental associations to
establish a working relationship that would give states a greater voice in
the decision-making process and allow them greater flexibility in the
implementation of federal environmental programs.  Senate Concurrent
Resolution 23 provides that the 77th Legislature of the State of Texas
urges TNRCC to expand its coordination efforts with the EPA, the
Environmental Council of the States, and other national associations. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this resolution
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Concurrent Resolution 23 provides that the 77th Legislature of the
State of Texas urges the Texas Natural Resource Conservation Commission to
expand its coordination efforts with the United States Environmental
Protection Agency, the Environmental Council of the States, and other
national associations to increase flexibility for the state in the
implementation of federal environmental regulations.