82R596 JTS-F
By: Ellis, Gallegos S.B. No. 549
A BILL TO BE ENTITLED
AN ACT
relating to applications for permits issued by the Texas Commission
on Environmental Quality for certain new or expanded facilities in
certain low-income and minority communities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle G, Title 5, Health and Safety Code, is
amended by adding Chapter 428 to read as follows:
CHAPTER 428. ENVIRONMENTAL JUSTICE COMMUNITIES
Sec. 428.001. DEFINITIONS. In this chapter:
(1) "Affecting facility" means a facility required to
obtain a permit, as defined by Section 5.752, Water Code, under:
(A) Chapter 361 of this code;
(B) Chapter 382 of this code; or
(C) Chapter 26 or 27, Water Code.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Environmental justice community" means a United
States census block group, as determined in accordance with the
most recent United States census, for which:
(A) 30 percent or more of the
noninstitutionalized population consists of persons who have an
income below 200 percent of the federal poverty level; or
(B) 50 percent or more of the population consists
of members of racial minority or ethnic minority groups.
Sec. 428.002. ENVIRONMENTAL JUSTICE REPORT. (a) A person
applying for a permit for a new affecting facility or the expansion
of an affecting facility must submit to the commission an
environmental justice report stating whether the facility or
expansion is to be located in an environmental justice community.
The report must include demographic information to support the
applicant's conclusion as to whether the facility or expansion is
to be located in an environmental justice community.
(b) The commission shall review the environmental justice
report and conduct research to determine whether the facility or
expansion is to be located in an environmental justice community.
The commission shall publish its determination and findings in
writing.
Sec. 428.003. REQUIREMENTS FOR FACILITIES IN ENVIRONMENTAL
JUSTICE COMMUNITIES. If the commission determines that the
affecting facility or expansion is to be located in an
environmental justice community, the applicant must, before the
commission may issue a permit:
(1) file with the commission a public participation
plan that meets the requirements of Section 428.004 and obtain the
commission's approval of the plan;
(2) consult with the chief elected official of the
municipality in which the facility or expansion is to be located, or
with the chief elected official of the county if the facility or
expansion is to be located outside the boundaries of a
municipality, to evaluate the need for a community environmental
benefit agreement in accordance with Section 428.006; and
(3) participate in a public hearing under Section
428.005.
Sec. 428.004. PUBLIC PARTICIPATION PLAN. A public
participation plan must:
(1) contain measures to facilitate effective public
participation in the regulatory process, including measures that:
(A) allow residents of the environmental justice
community to have an appropriate opportunity to participate in
decisions about a proposed facility or expansion that may adversely
affect residents' environment or health; and
(B) seek out and facilitate the participation of
those who potentially would be affected by the facility or
expansion; and
(2) include a certification that the applicant will
undertake the measures contained in the plan.
Sec. 428.005. PUBLIC HEARING; NOTICE. (a) If the commission
determines that an affecting facility is to be located in an
environmental justice community, the commission shall conduct a
hearing to address issues of environmental justice posed by the
construction or expansion of the facility.
(b) Not more than 30 or less than 10 days before the date set
for the public hearing, the applicant shall:
(1) publish the date, time, location, and nature of
the hearing:
(A) in a newspaper having general circulation in
the area affected and any other appropriate local newspaper serving
the area;
(B) on the applicant's website, if applicable;
and
(C) on a reasonably visible sign posted at the
location of the proposed facility or expansion, printed in English
and in each language spoken by at least 20 percent of the population
that resides within one-half mile of the proposed or existing
facility; and
(2) provide written notice of the date, time,
location, and nature of the meeting to:
(A) neighborhood and environmental groups in a
language appropriate for the target audience; and
(B) local and state elected officials who
represent the community.
(c) At the hearing, the person applying for the permit shall
make a reasonable and good faith effort to provide clear, accurate,
and complete information about the proposed facility or the
proposed expansion of a facility and the potential environmental
and health impacts of the facility or expansion on the community.
(d) The commission may not take any action on the person's
application for a permit before the 60th day after the date of the
hearing.
Sec. 428.006. COMMUNITY ENVIRONMENTAL BENEFIT AGREEMENTS.
(a) A municipality and the owner or developer of an affecting
facility may enter into a community environmental benefit agreement
under which the owner or developer agrees to mitigate adverse
impacts reasonably related to the facility, including impacts on
the environment, traffic, parking, and noise, by:
(1) developing real property that is to be used for the
facility or expansion in a way that mitigates the impacts; or
(2) providing financial resources for mitigation.
(b) If an affecting facility will be located outside the
boundaries of a municipality, a community environmental benefit
agreement may be entered into between a county and the owner or
developer of the affecting facility.
(c) Mitigation may include on-site and off-site
improvements, activities, and programs, including funding for
activities such as:
(1) providing environmental education;
(2) reducing diesel pollution;
(3) constructing bicycling and pedestrian trails;
(4) staffing parks;
(5) supporting and promoting urban forestry;
(6) supporting and promoting community gardens; and
(7) providing for any other negotiated benefit to the
environment in the environmental justice community.
(d) Before negotiating the terms of a community
environmental benefit agreement, the municipality or county shall
provide a reasonable and public opportunity for residents of the
potentially affected environmental justice community to be heard
concerning the need for, and terms of, an agreement.
SECTION 2. Chapter 428, Health and Safety Code, as added by
this Act, applies only to an application to construct or expand an
affecting facility in an environmental justice community as those
terms are defined by Section 428.001, Health and Safety Code, as
added by this Act, that is received by the Texas Commission on
Environmental Quality on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2011.