Texas 2017 - 85th Regular

Texas Senate Bill SB1598 Compare Versions

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

Old	New	Differences
1	1	85R5912 JTS-F
2	2	By: Miles S.B. No. 1598
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 certain new or expanded facilities in
9	9	certain 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 "permit" is defined by Section 5.752, Water
17	17	Code, under:
18	18	(A) Chapter 361 of this code;
19	19	(B) Chapter 382 of this code; or
20	20	(C) Chapter 26 or 27, Water Code.
21	21	(2) "Commission" means the Texas Commission on
22	22	Environmental Quality.
23	23	(3) "Environmental justice community" means a United
24	24	States census block group, as determined in accordance with the
25	25	most recent United States census, for which:
26	26	(A) 30 percent or more of the
27	27	noninstitutionalized population consists of persons who have an
28	28	income below 200 percent of the federal poverty level; or
29	29	(B) 50 percent or more of the population consists
30	30	of members of racial minority or ethnic minority groups.
31	31	Sec. 428.002. ENVIRONMENTAL JUSTICE REPORT. (a) A person
32	32	applying for a permit for a new affecting facility or the expansion
33	33	of an affecting facility must submit to the commission an
34	34	environmental justice report stating whether the facility or
35	35	expansion is to be located in an environmental justice community.
36	36	The report must include demographic information to support the
37	37	applicant's conclusion as to whether the facility or expansion is
38	38	to be located in an environmental justice community.
39	39	(b) The commission shall review the environmental justice
40	40	report and conduct research to determine whether the affecting
41	41	facility or expansion is to be located in an environmental justice
42	42	community. The commission shall publish its determination and
43	43	findings in writing.
44	44	Sec. 428.003. REQUIREMENTS FOR FACILITIES IN ENVIRONMENTAL
45	45	JUSTICE COMMUNITIES. If the commission determines that the
46	46	affecting facility or expansion is to be located in an
47	47	environmental justice community, the applicant must, before the
48	48	commission may issue a permit:
49	49	(1) file with the commission a public participation
50	50	plan that meets the requirements of Section 428.004 and obtain the
51	51	commission's approval of the plan;
52	52	(2) consult with the chief elected official of the
53	53	municipality in which the facility or expansion is to be located, or
54	54	with the chief elected official of the county if the facility or
55	55	expansion is to be located outside the boundaries of a
56	56	municipality, to evaluate the need for a community environmental
57	57	benefit agreement in accordance with Section 428.006; and
58	58	(3) participate in a public hearing under Section
59	59	428.005.
60	60	Sec. 428.004. PUBLIC PARTICIPATION PLAN. A public
61	61	participation plan must:
62	62	(1) contain measures to facilitate effective public
63	63	participation in the regulatory process, including measures that:
64	64	(A) allow residents of the environmental justice
65	65	community to have an appropriate opportunity to participate in
66	66	decisions about a proposed affecting facility or expansion that may
67	67	adversely affect residents' environment or health; and
68	68	(B) seek out and facilitate the participation of
69	69	those who potentially would be affected by the facility or
70	70	expansion; and
71	71	(2) include a certification that the applicant will
72	72	undertake the measures contained in the plan.
73	73	Sec. 428.005. PUBLIC HEARING; NOTICE. (a) If the commission
74	74	determines that an affecting facility or expansion is to be located
75	75	in an environmental justice community, the commission shall conduct
76	76	a hearing to address issues of environmental justice posed by the
77	77	construction or expansion of the facility.
78	78	(b) Not more than 30 or less than 10 days before the date set
79	79	for the public hearing, the applicant shall:
80	80	(1) publish the date, time, location, and nature of
81	81	the hearing:
82	82	(A) in a newspaper having general circulation in
83	83	the area affected and any other appropriate local newspaper serving
84	84	the area;
85	85	(B) on the applicant's website, if applicable;
86	86	and
87	87	(C) on a reasonably visible sign posted at the
88	88	location of the proposed affecting facility or expansion, printed
89	89	in English and in each language spoken by at least 20 percent of the
90	90	population that resides within one-half mile of the proposed or
91	91	existing facility; and
92	92	(2) provide written notice of the date, time,
93	93	location, and nature of the meeting to:
94	94	(A) neighborhood and environmental groups in a
95	95	language appropriate for the target audience; and
96	96	(B) local and state elected officials who
97	97	represent the community.
98	98	(c) At the hearing, the person applying for the permit shall
99	99	make a reasonable and good faith effort to provide clear, accurate,
100	100	and complete information about the proposed affecting facility or
101	101	expansion and the potential environmental and health impacts of the
102	102	facility or expansion on the community.
103	103	(d) The commission may not take any action on the person's
104	104	application for a permit before the 60th day after the date of the
105	105	hearing.
106	106	Sec. 428.006. COMMUNITY ENVIRONMENTAL BENEFIT AGREEMENTS.
107	107	(a) A municipality and the owner or developer of an affecting
108	108	facility may enter into a community environmental benefit agreement
109	109	under which the owner or developer agrees to mitigate adverse
110	110	impacts reasonably related to the facility, including impacts on
111	111	the environment, traffic, parking, and noise, by:
112	112	(1) developing real property that is to be used for the
113	113	facility or expansion in a way that mitigates the impacts; or
114	114	(2) providing financial resources for mitigation.
115	115	(b) If an affecting facility will be located outside the
116	116	boundaries of a municipality, a community environmental benefit
117	117	agreement may be entered into between a county and the owner or
118	118	developer of the affecting facility.
119	119	(c) Mitigation may include on-site and off-site
120	120	improvements, activities, and programs, including funding for
121	121	activities such as:
122	122	(1) providing environmental education;
123	123	(2) reducing diesel pollution;
124	124	(3) constructing bicycling and pedestrian trails;
125	125	(4) staffing parks;
126	126	(5) supporting and promoting urban forestry;
127	127	(6) supporting and promoting community gardens; and
128	128	(7) providing for any other negotiated benefit to the
129	129	environment in the environmental justice community.
130	130	(d) Before negotiating the terms of a community
131	131	environmental benefit agreement, the municipality or county shall
132	132	provide a reasonable and public opportunity for residents of the
133	133	potentially affected environmental justice community to be heard
134	134	concerning the need for, and terms of, an agreement.
135	135	SECTION 2. Chapter 428, Health and Safety Code, as added by
136	136	this Act, applies only to an application to construct or expand an
137	137	affecting facility in an environmental justice community as those
138	138	terms are defined by Section 428.001, Health and Safety Code, as
139	139	added by this Act, that is received by the Texas Commission on
140	140	Environmental Quality on or after the effective date of this Act.
141	141	SECTION 3. This Act takes effect September 1, 2017.