Texas 2021 - 87th Regular

Texas House Bill HB714 Compare Versions

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

Old	New	Differences
1	1	87R3387 MP-F
2	2	By: Reynolds H.B. No. 714
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the Texas Environmental Justice
8	8	Advisory Council.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subtitle G, Title 5, Health and
11	11	Safety Code, is amended to read as follows:
12	12	SUBTITLE G. ENVIRONMENTAL HEALTH AND JUSTICE
13	13	SECTION 2. Subtitle G, Title 5, Health and Safety Code, is
14	14	amended by adding Chapter 428 to read as follows:
15	15	CHAPTER 428. TEXAS ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
16	16	Sec. 428.0101. DEFINITIONS. In this chapter:
17	17	(1) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(2) "Council" means the Texas Environmental Justice
20	20	Advisory Council.
21	21	(3) "Environmental justice" means the fair treatment
22	22	of people of all races, cultures, and incomes in the development,
23	23	adoption, implementation, and enforcement of environmental law and
24	24	policy.
25	25	(4) "Review board" means the Environmental Justice
26	26	Review Board.
27	27	Sec. 428.0102. TEXAS ENVIRONMENTAL JUSTICE ADVISORY
28	28	COUNCIL. The Texas Environmental Justice Advisory Council is
29	29	established to advise state agencies and local governments on
30	30	environmental justice issues.
31	31	Sec. 428.0103. MEMBERSHIP. (a) The council is composed of
32	32	eight members appointed as follows:
33	33	(1) one member appointed by the commissioner of the
34	34	Texas Commission on Environmental Quality;
35	35	(2) one member appointed by the executive commissioner
36	36	of the Health and Human Services Commission;
37	37	(3) one member appointed by the attorney general;
38	38	(4) one member appointed by the executive director of
39	39	the Texas Department of Housing and Community Affairs;
40	40	(5) one member appointed by the commissioner of
41	41	agriculture;
42	42	(6) one member appointed by the executive director of
43	43	the Texas Department of Transportation;
44	44	(7) one member appointed by the commissioner of
45	45	education; and
46	46	(8) one member appointed by the governor.
47	47	(b) Members of the council serve two-year terms.
48	48	Sec. 428.0104. ENVIRONMENTAL JUSTICE REVIEW BOARD. (a)
49	49	The Environmental Justice Review Board is established. The review
50	50	board is composed of 15 members appointed by the council as follows:
51	51	(1) five members from grassroots or faith-based
52	52	community organizations; and
53	53	(2) 10 members from public health, environmental, and
54	54	civil rights organizations, academia, large and small businesses,
55	55	local government officials, and organized labor.
56	56	(b) The review board shall meet at least four times a year
57	57	and select a presiding officer from its membership.
58	58	(c) The review board shall advise the council about issues
59	59	related to environmental justice and the action plans developed
60	60	under Section 428.0107.
61	61	Sec. 428.0105. STATE PROGRAM REVIEW. (a) The council shall
62	62	review each state agency and state program that serves to protect
63	63	the environment to evaluate the agency's or program's positive and
64	64	negative effects on environmental justice for affected people.
65	65	(b) Upon completing a review of a state agency or program
66	66	under Subsection (a), the council shall prepare a report
67	67	containing:
68	68	(1) the council's findings from the review; and
69	69	(2) legislative and policy recommendations to address
70	70	any environmental justice issues associated with the reviewed
71	71	agency or program.
72	72	(c) The council shall deliver a report prepared under this
73	73	section to the reviewed state agency or the state agency that
74	74	oversees the reviewed program, the governor, the lieutenant
75	75	governor, and the speaker of the house of representatives.
76	76	Sec. 428.0106. REPORT ON COMMISSION ENVIRONMENTAL PERMITS.
77	77	(a) The council shall prepare a report that reviews existing
78	78	environmental and public health information. The report must
79	79	identify each facility that has or is applying for a permit issued
80	80	by the commission. For each facility, the report must:
81	81	(1) evaluate the facility's positive and negative
82	82	effects on environmental justice for affected people; and
83	83	(2) make recommendations for permit compliance,
84	84	enforcement, remediation, siting, and other strategies to address
85	85	identified instances of lacking environmental justice.
86	86	(b) The council shall revise the report prepared under this
87	87	section biennially and deliver the revised report to the
88	88	commissioner of the commission, the commissioner of the Health and
89	89	Human Services Commission, the governor, the lieutenant governor,
90	90	and the speaker of the house of representatives.
91	91	Sec. 428.0107. COMMUNITY ACTION PLAN. (a) Representatives
92	92	of a community that is experiencing unfair treatment in the
93	93	development, adoption, implementation, or enforcement of
94	94	environmental law or policy may petition the council to create a
95	95	community action plan.
96	96	(b) The council shall prescribe the petition content and
97	97	procedure for petitioning. A petition must include a description
98	98	of how the community is disproportionately affected by:
99	99	(1) environmental health risks; or
100	100	(2) the development, adoption, implementation, or
101	101	enforcement of law or policy affecting public health or the
102	102	environment.
103	103	(c) The council shall review the submitted petitions and
104	104	select communities for which the council shall develop an action
105	105	plan under Subsection (d). The council shall develop the community
106	106	selection criteria.
107	107	(d) The council, in cooperation with the review board, shall
108	108	develop an action plan for each community whose petition is
109	109	selected under Subsection (c). The council shall work with the
110	110	citizens and local government officials of the community selected
111	111	in developing the action plan. The action plan must describe
112	112	clearly steps the community may take to improve existing and future
113	113	environmental justice for the community. In developing the action
114	114	plan for a community, the council shall:
115	115	(1) consider:
116	116	(A) the allocation of resources;
117	117	(B) the exercise of regulatory discretion; and
118	118	(C) new environmental standards and protections;
119	119	and
120	120	(2) specify:
121	121	(A) community deliverables;
122	122	(B) a time frame for implementation; and
123	123	(C) available financial and other resources to
124	124	implement the plan.
125	125	(e) The council shall present each action plan developed
126	126	under this section to the selected community and each relevant
127	127	state agency, recommending steps the community and state agency may
128	128	take to facilitate the action plan's implementation.
129	129	(f) The council shall monitor the implementation of each
130	130	action plan developed under this section.
131	131	Sec. 428.0108. RULES. The council may adopt rules
132	132	necessary to implement this chapter.
133	133	SECTION 3. (a) Not later than January 1, 2022, the
134	134	appropriate appointing authorities shall appoint the members to the
135	135	Texas Environmental Justice Advisory Council as required by Section
136	136	428.0103, Health and Safety Code, as added by this Act. The council
137	137	may not take action until a majority of the appointed members have
138	138	taken office.
139	139	(b) Not later than April 1, 2022, the Texas Environmental
140	140	Justice Advisory Council shall appoint the members to the
141	141	Environmental Justice Review Board as required by Section 428.0104,
142	142	Health and Safety Code, as added by this Act.
143	143	(c) Not later than June 1, 2022, the Texas Environmental
144	144	Justice Advisory Council shall begin accepting petitions under
145	145	Section 428.0107, Health and Safety Code, as added by this Act.
146	146	(d) Not later than December 1, 2022, the Texas Environmental
147	147	Justice Advisory Council shall complete the initial report required
148	148	under Section 428.0106, Health and Safety Code, as added by this
149	149	Act.
150	150	SECTION 4. This Act takes effect immediately if it receives
151	151	a vote of two-thirds of all the members elected to each house, as
152	152	provided by Section 39, Article III, Texas Constitution. If this
153	153	Act does not receive the vote necessary for immediate effect, this
154	154	Act takes effect September 1, 2021.