By: Reynolds	H.B. No. 86

	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.