Texas 2023 - 88th 2nd C.S.

Texas House Bill HB29 Compare Versions

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1	1	By: Reynolds H.B. No. 29
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the establishment of the Texas Environmental Justice
7	7	Advisory Council.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Subtitle G, Title 5, Health and
10	10	Safety Code, is amended to read as follows:
11	11	SUBTITLE G. ENVIRONMENTAL HEALTH AND JUSTICE
12	12	SECTION 2. Subtitle G, Title 5, Health and Safety Code, is
13	13	amended by adding Chapter 428 to read as follows:
14	14	CHAPTER 428. TEXAS ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
15	15	Sec. 428.0101. DEFINITIONS. In this chapter:
16	16	(1) "Commission" means the Texas Commission on
17	17	Environmental Quality.
18	18	(2) "Council" means the Texas Environmental Justice
19	19	Advisory Council.
20	20	(3) "Environmental justice" means the fair treatment
21	21	of people of all races, cultures, and incomes in the development,
22	22	adoption, implementation, and enforcement of environmental law and
23	23	policy.
24	24	(4) "Review board" means the Environmental Justice
25	25	Review Board.
26	26	Sec. 428.0102. TEXAS ENVIRONMENTAL JUSTICE ADVISORY
27	27	COUNCIL. The Texas Environmental Justice Advisory Council is
28	28	established to advise state agencies and local governments on
29	29	environmental justice issues.
30	30	Sec. 428.0103. MEMBERSHIP. (a) The council is composed of
31	31	eight members appointed as follows:
32	32	(1) one member appointed by the executive director of
33	33	the Texas Commission on Environmental Quality;
34	34	(2) one member appointed by the executive commissioner
35	35	of the Health and Human Services Commission;
36	36	(3) one member appointed by the attorney general;
37	37	(4) one member appointed by the executive director of
38	38	the Texas Department of Housing and Community Affairs;
39	39	(5) one member appointed by the commissioner of
40	40	agriculture;
41	41	(6) one member appointed by the executive director of
42	42	the Texas Department of Transportation;
43	43	(7) one member appointed by the commissioner of
44	44	education; and
45	45	(8) one member appointed by the governor.
46	46	(b) Members of the council serve two-year terms.
47	47	Sec. 428.0104. ENVIRONMENTAL JUSTICE REVIEW BOARD. (a)
48	48	The Environmental Justice Review Board is established. The review
49	49	board is composed of 15 members appointed by the council as follows:
50	50	(1) five members from grassroots or faith-based
51	51	community organizations; and
52	52	(2) 10 members from public health, environmental, and
53	53	civil rights organizations, academia, large and small businesses,
54	54	local government officials, and organized labor.
55	55	(b) The review board shall meet at least four times a year
56	56	and select a presiding officer from its membership.
57	57	(c) The review board shall advise the council about issues
58	58	related to environmental justice and the action plans developed
59	59	under Section 428.0107.
60	60	Sec. 428.0105. STATE PROGRAM REVIEW. (a) The council shall
61	61	review each state agency and state program that serves to protect
62	62	the environment to evaluate the agency's or program's positive and
63	63	negative effects on environmental justice for affected people.
64	64	(b) Upon completing a review of a state agency or program
65	65	under Subsection (a), the council shall prepare a report
66	66	containing:
67	67	(1) the council's findings from the review; and
68	68	(2) legislative and policy recommendations to address
69	69	any environmental justice issues associated with the reviewed
70	70	agency or program.
71	71	(c) The council shall deliver a report prepared under this
72	72	section to the reviewed state agency or the state agency that
73	73	oversees the reviewed program, the governor, the lieutenant
74	74	governor, and the speaker of the house of representatives.
75	75	Sec. 428.0106. REPORT ON COMMISSION ENVIRONMENTAL PERMITS.
76	76	(a) The council shall prepare a report that identifies each
77	77	facility that has applied or is applying for a permit issued by the
78	78	commission. For each facility, the report must:
79	79	(1) evaluate the facility's positive and negative
80	80	effects on environmental justice for affected people; and
81	81	(2) make recommendations for permit compliance,
82	82	enforcement, remediation, siting, and other strategies to address
83	83	identified instances of lacking environmental justice.
84	84	(b) The council shall revise the report prepared under this
85	85	section biennially and deliver the revised report to the
86	86	commissioner of the commission, the executive commissioner of the
87	87	Health and Human Services Commission, the governor, the lieutenant
88	88	governor, and the speaker of the house of representatives.
89	89	Sec. 428.0107. COMMUNITY ACTION PLAN. (a) Representatives
90	90	of a community that is experiencing unfair treatment in the
91	91	development, adoption, implementation, or enforcement of
92	92	environmental law or policy may petition the council to create a
93	93	community action plan.
94	94	(b) The council shall prescribe:
95	95	(1) the procedure for petitioning the council; and
96	96	(2) the content of the petition, which must include a
97	97	description of how the community is disproportionately affected by:
98	98	(A) environmental health risks; or
99	99	(B) the development, adoption, implementation,
100	100	or enforcement of law or policy affecting public health or the
101	101	environment.
102	102	(c) The council shall review the submitted petitions and
103	103	select communities for which the council shall develop an action
104	104	plan under Subsection (d). The council shall develop the community
105	105	selection criteria.
106	106	(d) The council, in cooperation with the review board, shall
107	107	develop an action plan for each community whose petition is
108	108	selected under Subsection (c). The council shall work with the
109	109	residents and local government officials of the community selected
110	110	in developing the action plan. The action plan must describe
111	111	clearly steps the community may take to improve existing and future
112	112	environmental justice for the community. In developing the action
113	113	plan for a community, the council shall:
114	114	(1) consider:
115	115	(A) the allocation of resources;
116	116	(B) the exercise of regulatory discretion; and
117	117	(C) new environmental standards and protections;
118	118	and
119	119	(2) specify:
120	120	(A) community deliverables;
121	121	(B) a time frame for implementation; and
122	122	(C) available financial and other resources to
123	123	implement the plan.
124	124	(e) The council shall present each action plan developed
125	125	under this section to the selected community and each relevant
126	126	state agency, recommending steps the community and state agency may
127	127	take to facilitate the action plan's implementation.
128	128	(f) The council shall monitor the implementation of each
129	129	action plan developed under this section.
130	130	Sec. 428.0108. RULES. The council may adopt rules
131	131	necessary to implement this chapter.
132	132	SECTION 3. (a) Not later than January 1, 2024, the
133	133	appropriate appointing authorities shall appoint the members to the
134	134	Texas Environmental Justice Advisory Council as required by Section
135	135	428.0103, Health and Safety Code, as added by this Act. The council
136	136	may not take action until a majority of the appointed members have
137	137	taken office.
138	138	(b) Not later than April 1, 2024, the Texas Environmental
139	139	Justice Advisory Council shall appoint the members to the
140	140	Environmental Justice Review Board as required by Section 428.0104,
141	141	Health and Safety Code, as added by this Act.
142	142	(c) Not later than June 1, 2024, the Texas Environmental
143	143	Justice Advisory Council shall begin accepting petitions under
144	144	Section 428.0107, Health and Safety Code, as added by this Act.
145	145	(d) Not later than December 1, 2024, the Texas Environmental
146	146	Justice Advisory Council shall complete the initial report required
147	147	under Section 428.0106, Health and Safety Code, as added by this
148	148	Act.
149	149	SECTION 4. This Act takes effect immediately if it receives
150	150	a vote of two-thirds of all the members elected to each house, as
151	151	provided by Section 39, Article III, Texas Constitution. If this
152	152	Act does not receive the vote necessary for immediate effect, this
153	153	Act takes effect September 1, 2023.