Texas Association of Business

Environmental Committee
TAB's Environmental Committee is a 650 member committee that develops policy and positions on environmental issues. The Environmental Committee meets four times a year in Austin. TAB members with an interest in environmental issues and policy are invited to attend. Materials are available on-line for Members Only.

TAB’s Environmental Quality Priorities for 2009

The Chinese curse, “May you live in interesting times,” is a fitting adage for the state of environmental quality in Texas as we head into the 2009 Legislative Session.

Texas continues to work hard to meet current federal air quality standards for ozone. In spite of our increasing population and strong economic growth, air quality in Texas continues to improve. From 1999-2005, industry dramatically reduced air emissions in seven significant areas of the state. Volatile organic compounds (VOCs) were reduced by 18 percent and nitrogen oxide (NOx) emissions were more than cut in half. Industry emissions reductions currently in the works should bring those numbers down even more.

Fresh water remains a critical resource to the future of Texas. Between 2000 and 2007, Texas’ population – currently 23.5 million — grew at more than double the national rate — 14.6 percent versus 7.2 percent. By 2040, the population will increase by more than 50 percent, growing to an estimated 35.8 million people , with a corresponding increase in economic activity. Ensuring there is enough water in the future to satisfy this population and its diverse activities will be a challenge, making water infrastructure funding a critical component of the 81st Legislative Session.

We recognize the importance and impact of greenhouse gases on the earth’s climate and that man emits a very small percentage of such gases. Climate change is a global phenomenon and should be addressed with national and international solutions. Congress is considering legislation to limit emissions of greenhouse gases. Uniform federal legislation that takes into account economic realities is the only way to avoid a patchwork of state regulations, which will only hurt our economy, drain family budgets, and force jobs out of Texas.

Access to research. Support legislation to require that research relied upon as the basis for proposed regulations by state and federal environmental agencies is made available for review by the regulated community before a regulation can be adopted.

TAB’s legislative priorities in environmental quality are:

Clean air.

• Support scientifically supportable and practicably achievable efforts to help areas which are in non-attainment come into attainment under the Clean Air Act Amendments of 1990,
• help near non-attainment areas stay in attainment,
• ensure that the responsibility for emission reductions is shared equitably among all emission sources, and
• assure that efforts toward cleaner air are directed in a manner that balances environmental gain with economic impact.

Cost of federal and state regulations. Support Texas law that requires state environmental agencies to estimate the cost and net benefits to regulated entities before adopting any major proposed rule, and oppose legislation that places additional requirements on business and industry without appreciable benefit to the environment.

End of Life/Take-back. Support industry-initiated, voluntary programs that establish product-specific, narrowly focused end-of-life take-back programs. An appropriate program must be limited to products for which no free-market based recycling program or national end of life regulations currently exist, while drawing attention to products scientifically proven to cause environmental harm when mismanaged.

Environmental audits. Support Texas law that encourages environmental compliance by allowing the use of a self-evaluation privilege that protects a company’s voluntary environmental and health and safety audits from being used in legal actions against the company under certain conditions.

Environmental education. Support activities for teachers and students in Texas public schools that promote a balanced perspective in environmental education based on sound science.

Environmental fees and taxes. Oppose the imposition of new fees or taxes to pay for environmental quality programs unless such funding mechanisms are broad-based and demonstrate critical environmental needs impacting health and safety.

Environmental justice. Support the granting or renewal of permits on environmental and health-based standards and oppose permit programs that favor any community strictly because of its racial or economic composition.

Environmental Regulatory Structure. Support an environmental regulatory structure that bases state law on the enactment of federal environmental laws and regulations so that consistency is maintained. Oppose expanding the environmental authority of local governmental entities.

Flexibility. Support efforts to expand operational flexibility options in environmental permit and compliance programs as long as the same or greater environmental protection is maintained. Designing such flexible operational programs can achieve significant cost-savings for both the state and the regulated community and still protect and enhance the environment.

Fuels Diversity. Oppose new legislative efforts that would require the use of specific fuels for industrial sources. Support removal of economic and supply barriers that distort fuel competition and free-market influences. Support legislative efforts to increase the supply of energy, using a diverse mixture of fuels including oil, natural gas, coal and nuclear, applied in an environmentally safe manner and coupled with encouragement of conservation and the practical use of renewable energy sources.

Fund balances. Oppose legislative efforts to sweep balances from state environmental funds built up from cost recovery fees on business and industry, and support making those fund balances available for environmental program appropriations or lowering program fees.

Green buildings. Oppose legislative mandates in the area of energy and energy efficiency that pits products against each another based on artificial or unsound science. The market place should be allowed to dictate the choice of building materials based on performance standards.

Green power. Oppose legislative mandates on the type of energy used in electric power generation, because they discriminate among energy options, inhibit efficient markets and harm both business and public interests. A level playing field, without discrimination among fuels, technologies or industry participants leads to the most efficient and effective energy market.

Incentives instead of mandates. Support incentives for business to meet and exceed environmental legal requirements, thereby increasing environmental effectiveness and operational flexibility.

Paperwork reduction. Support state and Congressional efforts to streamline small businesses’ paperwork burdens within the environmental permit and enforcement process and ease civil fines on first-time paperwork violations so that small businesses may correct the violations.

Regulatory responsibility. Support legislation to limit intrusion by federal agencies in the state’s implementation of delegated environmental programs.

Standing in contested cases. Support Texas law that prohibits the state environmental agency from granting party status in a contested case hearing unless a justifiable or economic interest in the permit activity can be demonstrated.

Streamlining the permit process. Support legislation to streamline the permitting process to ensure that businesses can maintain environmental compliance and at the same time minimize roadblocks that result in expensive procedural delays.

Voluntary programs. Support legislation that encourages more voluntary environmental program activities like the Clean Industries Program.