|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the establishment of the Texas Environmental Justice |
|
Advisory Council. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. The heading to Subtitle G, Title 5, Health and |
|
Safety Code, is amended to read as follows: |
|
SUBTITLE G. ENVIRONMENTAL HEALTH AND JUSTICE |
|
SECTION 2. Subtitle G, Title 5, Health and Safety Code, is |
|
amended by adding Chapter 428 to read as follows: |
|
CHAPTER 428. TEXAS ENVIRONMENTAL JUSTICE ADVISORY COUNCIL |
|
Sec. 428.0101. DEFINITIONS. In this chapter: |
|
(1) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(2) "Council" means the Texas Environmental Justice |
|
Advisory Council. |
|
(3) "Environmental justice" means the fair treatment |
|
of people of all races, cultures, and incomes in the development, |
|
adoption, implementation, and enforcement of environmental law and |
|
policy. |
|
(4) "Review board" means the Environmental Justice |
|
Review Board. |
|
Sec. 428.0102. TEXAS ENVIRONMENTAL JUSTICE ADVISORY |
|
COUNCIL. The Texas Environmental Justice Advisory Council is |
|
established to advise state agencies and local governments on |
|
environmental justice issues. |
|
Sec. 428.0103. MEMBERSHIP. (a) The council is composed of |
|
eight members appointed as follows: |
|
(1) one member appointed by the executive director of |
|
the Texas Commission on Environmental Quality; |
|
(2) one member appointed by the executive commissioner |
|
of the Health and Human Services Commission; |
|
(3) one member appointed by the attorney general; |
|
(4) one member appointed by the executive director of |
|
the Texas Department of Housing and Community Affairs; |
|
(5) one member appointed by the commissioner of |
|
agriculture; |
|
(6) one member appointed by the executive director of |
|
the Texas Department of Transportation; |
|
(7) one member appointed by the commissioner of |
|
education; and |
|
(8) one member appointed by the governor. |
|
(b) Members of the council serve two-year terms. |
|
Sec. 428.0104. ENVIRONMENTAL JUSTICE REVIEW BOARD. (a) |
|
The Environmental Justice Review Board is established. The review |
|
board is composed of 15 members appointed by the council as follows: |
|
(1) five members from grassroots or faith-based |
|
community organizations; and |
|
(2) 10 members from public health, environmental, and |
|
civil rights organizations, academia, large and small businesses, |
|
local government officials, and organized labor. |
|
(b) The review board shall meet at least four times a year |
|
and select a presiding officer from its membership. |
|
(c) The review board shall advise the council about issues |
|
related to environmental justice and the action plans developed |
|
under Section 428.0107. |
|
Sec. 428.0105. STATE PROGRAM REVIEW. (a) The council shall |
|
review each state agency and state program that serves to protect |
|
the environment to evaluate the agency's or program's positive and |
|
negative effects on environmental justice for affected people. |
|
(b) Upon completing a review of a state agency or program |
|
under Subsection (a), the council shall prepare a report |
|
containing: |
|
(1) the council's findings from the review; and |
|
(2) legislative and policy recommendations to address |
|
any environmental justice issues associated with the reviewed |
|
agency or program. |
|
(c) The council shall deliver a report prepared under this |
|
section to the reviewed state agency or the state agency that |
|
oversees the reviewed program, the governor, the lieutenant |
|
governor, and the speaker of the house of representatives. |
|
Sec. 428.0106. REPORT ON COMMISSION ENVIRONMENTAL PERMITS. |
|
(a) The council shall prepare a report that identifies each |
|
facility that has applied or is applying for a permit issued by the |
|
commission. For each facility, the report must: |
|
(1) evaluate the facility's positive and negative |
|
effects on environmental justice for affected people; and |
|
(2) make recommendations for permit compliance, |
|
enforcement, remediation, siting, and other strategies to address |
|
identified instances of lacking environmental justice. |
|
(b) The council shall revise the report prepared under this |
|
section biennially and deliver the revised report to the |
|
commissioner of the commission, the executive commissioner of the |
|
Health and Human Services Commission, the governor, the lieutenant |
|
governor, and the speaker of the house of representatives. |
|
Sec. 428.0107. COMMUNITY ACTION PLAN. (a) Representatives |
|
of a community that is experiencing unfair treatment in the |
|
development, adoption, implementation, or enforcement of |
|
environmental law or policy may petition the council to create a |
|
community action plan. |
|
(b) The council shall prescribe: |
|
(1) the procedure for petitioning the council; and |
|
(2) the content of the petition, which must include a |
|
description of how the community is disproportionately affected by: |
|
(A) environmental health risks; or |
|
(B) the development, adoption, implementation, |
|
or enforcement of law or policy affecting public health or the |
|
environment. |
|
(c) The council shall review the submitted petitions and |
|
select communities for which the council shall develop an action |
|
plan under Subsection (d). The council shall develop the community |
|
selection criteria. |
|
(d) The council, in cooperation with the review board, shall |
|
develop an action plan for each community whose petition is |
|
selected under Subsection (c). The council shall work with the |
|
residents and local government officials of the community selected |
|
in developing the action plan. The action plan must describe |
|
clearly steps the community may take to improve existing and future |
|
environmental justice for the community. In developing the action |
|
plan for a community, the council shall: |
|
(1) consider: |
|
(A) the allocation of resources; |
|
(B) the exercise of regulatory discretion; and |
|
(C) new environmental standards and protections; |
|
and |
|
(2) specify: |
|
(A) community deliverables; |
|
(B) a time frame for implementation; and |
|
(C) available financial and other resources to |
|
implement the plan. |
|
(e) The council shall present each action plan developed |
|
under this section to the selected community and each relevant |
|
state agency, recommending steps the community and state agency may |
|
take to facilitate the action plan's implementation. |
|
(f) The council shall monitor the implementation of each |
|
action plan developed under this section. |
|
Sec. 428.0108. RULES. The council may adopt rules |
|
necessary to implement this chapter. |
|
SECTION 3. (a) Not later than March 1, 2024, the |
|
appropriate appointing authorities shall appoint the members to the |
|
Texas Environmental Justice Advisory Council as required by Section |
|
428.0103, Health and Safety Code, as added by this Act. The council |
|
may not take action until a majority of the appointed members have |
|
taken office. |
|
(b) Not later than April 1, 2024, the Texas Environmental |
|
Justice Advisory Council shall appoint the members to the |
|
Environmental Justice Review Board as required by Section 428.0104, |
|
Health and Safety Code, as added by this Act. |
|
(c) Not later than June 1, 2024, the Texas Environmental |
|
Justice Advisory Council shall begin accepting petitions under |
|
Section 428.0107, Health and Safety Code, as added by this Act. |
|
(d) Not later than December 1, 2024, the Texas Environmental |
|
Justice Advisory Council shall complete the initial report required |
|
under Section 428.0106, Health and Safety Code, as added by this |
|
Act. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect on the 91st day after the last day of the |
|
legislative session. |