HBA-KDB S.C.R. 22 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.C.R. 22
By: Brown, J. E. "Buster"
Environmental Regulation
5/11/2001
Engrossed



BACKGROUND AND PURPOSE 

The reduction of pollution and the protection of the environment is of
great concern to both the federal government and the Texas Legislature. To
protect its natural resources and environment as effectively as possible,
Texas needs greater flexibility in its implementation of federal
regulations. The current commandand-control approach instituted by the
United States Environmental Protection Agency ( EPA) limits pollution at
the state level by requiring states to adhere strictly to the federally
mandated permitting process. This process has proven to be moderately
successful at reducing pollution, but it is also unduly burdensome and
costly to both the states and the regulated facilities relative to the
results achieved. Alternative approaches are available, including
outcome-based methods that allow states to measure the actual reduction of
pollution rather than simply monitoring each facility's compliance with its
permit. States should be given greater latitude to implement innovative
regulatory programs and other pollution reduction methods that vary from
the current model.   Providing this flexibility would allow states to
tailor appropriate and effective approaches to state-specific environmental
problems rather than expending resources to ensure compliance with
one-size-fits-all regulations that place an inordinate emphasis on
procedural detail.  Senate Concurrent Resolution 22 provides that the 77th
Legislature urge the EPA to provide maximum flexibility to the states in
the implementation of federal environmental programs and regulations. 

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 22 provides that the 77th Legislature of the
State of Texas urge the United States Environmental Protection Agency to
provide maximum flexibility to the states in the implementation of federal
environmental programs and regulations.