Texas 2009 - 81st Regular

Texas Senate Bill SB124 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R991 JTS-F
2	2	By: Ellis S.B. No. 124
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to applications for permits issued by the Texas Commission
8	8	on Environmental Quality for new or expanded facilities in certain
9	9	low-income and minority communities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle G, Title 5, Health and Safety Code, is
12	12	amended by adding Chapter 428 to read as follows:
13	13	CHAPTER 428. ENVIRONMENTAL JUSTICE COMMUNITIES
14	14	Sec. 428.001. DEFINITIONS. In this chapter:
15	15	(1) "Affecting facility" means a facility required to
16	16	obtain a permit, as defined by Section 5.752, Water Code, under:
17	17	(A) Chapter 361 of this code;
18	18	(B) Chapter 382 of this code; or
19	19	(C) Chapter 26 or 27, Water Code.
20	20	(2) "Environmental justice community" means a United
21	21	States census block group, as determined in accordance with the
22	22	most recent United States census, for which:
23	23	(A) 30 percent or more of the
24	24	noninstitutionalized population consists of persons who have an
25	25	income below two hundred percent of the federal poverty level; or
26	26	(B) 50 percent or more of the population consists
27	27	of members of racial minority or ethnic minority groups.
28	28	Sec. 428.002. ENVIRONMENTAL JUSTICE REPORT. (a) A person
29	29	applying for a permit for a new affecting facility or the expansion
30	30	of an affecting facility must submit to the commission an
31	31	environmental justice report stating whether the facility or
32	32	expansion is to be located in an environmental justice community.
33	33	The report must include demographic information to support the
34	34	applicant's conclusion as to whether the facility or expansion is
35	35	to be located in an environmental justice community.
36	36	(b) The commission shall review the environmental justice
37	37	statement and conduct research to determine whether the facility or
38	38	expansion is to be located in an environmental justice community.
39	39	The commission shall publish its determination and findings in
40	40	writing.
41	41	Sec. 428.003. REQUIREMENTS FOR FACILITIES IN ENVIRONMENTAL
42	42	JUSTICE COMMUNITIES. If the commission determines that the
43	43	affecting facility or expansion is to be located in an
44	44	environmental justice community the applicant must, before the
45	45	commission may issue a permit:
46	46	(1) file with the commission a public participation
47	47	plan that meets the requirements of Section 428.004 and obtain the
48	48	commission's approval of the plan;
49	49	(2) consult with the chief elected official of the
50	50	municipality in which the facility or expansion is to be located to
51	51	evaluate the need for a community environmental benefit agreement
52	52	in accordance with Section 428.006; and
53	53	(3) participate in a public hearing under Section
54	54	428.005.
55	55	Sec. 428.004. PUBLIC PARTICIPATION PLAN. A public
56	56	participation plan must:
57	57	(1) contain measures to facilitate effective public
58	58	participation in the regulatory process, including measures that:
59	59	(A) allow residents of the environmental justice
60	60	community to have an appropriate opportunity to participate in
61	61	decisions about a proposed facility or expansion that may adversely
62	62	affect residents' environment or health; and
63	63	(B) seek out and facilitate the participation of
64	64	those who potentially would be affected by the facility or
65	65	expansion; and
66	66	(2) include a certification that the applicant will
67	67	undertake the measures contained in the plan.
68	68	Sec. 428.005. PUBLIC HEARING; NOTICE. (a) If the commission
69	69	determines that an affecting facility is to be located in an
70	70	environmental justice community, the commission shall conduct a
71	71	hearing to address issues of environmental justice posed by the
72	72	construction or expansion of the facility.
73	73	(b) Not more than 30 or less than 10 days before the date set
74	74	for the public hearing, the applicant shall:
75	75	(1) publish the date, time, location, and nature of
76	76	the hearing:
77	77	(A) in a newspaper having general circulation in
78	78	the area affected and any other appropriate local newspaper serving
79	79	the area;
80	80	(B) on the applicant's website, if applicable;
81	81	and
82	82	(C) on a reasonably visible sign posted at the
83	83	location of the proposed facility or extension, printed in English
84	84	and in each language spoken by at least 20 percent of the population
85	85	that resides within one-half mile of the proposed or existing
86	86	facility; and
87	87	(2) provide written notice of the date, time,
88	88	location, and nature of the meeting to:
89	89	(A) neighborhood and environmental groups in a
90	90	language appropriate for the target audience; and
91	91	(B) local and state elected officials who
92	92	represent the community.
93	93	(c) At the hearing, the person applying for the permit shall
94	94	make a reasonable and good faith effort to provide clear, accurate,
95	95	and complete information about the proposed facility or the
96	96	proposed expansion of a facility and the potential environmental
97	97	and health impacts of the facility or expansion on the community.
98	98	(d) The commission may not take any action on the person's
99	99	application for a permit before the 60th day after the date of the
100	100	hearing.
101	101	Sec. 428.006. COMMUNITY ENVIRONMENTAL BENEFIT AGREEMENTS.
102	102	(a) A municipality and the owner or developer of an affecting
103	103	facility may enter into a community environmental benefit agreement
104	104	under which the owner or developer agrees to mitigate adverse
105	105	impacts reasonably related to the facility, including impacts on
106	106	the environment, traffic, parking, and noise, by:
107	107	(1) developing real property that is to be used for the
108	108	facility or expansion in a way that mitigates the impacts; or
109	109	(2) providing financial resources for mitigation.
110	110	(b) Mitigation may include on-site and off-site
111	111	improvements, activities, and programs, including funding for
112	112	activities such as:
113	113	(1) providing environmental education;
114	114	(2) reducing diesel pollution;
115	115	(3) constructing bicycling and pedestrian trails;
116	116	(4) staffing parks;
117	117	(5) supporting and promoting urban forestry;
118	118	(6) supporting and promoting community gardens; and
119	119	(7) providing for any other negotiated benefit to the
120	120	environment in the environmental justice community.
121	121	(c) Before negotiating the terms of a community
122	122	environmental benefit agreement, the municipality shall provide a
123	123	reasonable and public opportunity for residents of the potentially
124	124	affected environmental justice community to be heard concerning the
125	125	need for, and terms of, an agreement.
126	126	SECTION 2. Chapter 428, Health and Safety Code, as added by
127	127	this Act, applies only to an application to construct or expand an
128	128	affecting facility in an environmental justice community as those
129	129	terms are defined by Section 428.001, Health and Safety Code, as
130	130	added by this Act, that is received by the Texas Commission on
131	131	Environmental Quality on or after the effective date of this Act.
132	132	SECTION 3. This Act takes effect September 1, 2009.