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A BILL TO BE ENTITLED
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AN ACT
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relating to applications for permits issued by the Texas Commission |
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on Environmental Quality for certain new or expanded facilities in |
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certain low-income and minority communities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle G, Title 5, Health and Safety Code, is |
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amended by adding Chapter 428 to read as follows: |
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CHAPTER 428. ENVIRONMENTAL JUSTICE COMMUNITIES |
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Sec. 428.001. DEFINITIONS. In this chapter: |
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(1) "Affecting facility" means a facility required to |
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obtain a permit, as "permit" is defined by Section 5.752, Water |
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Code, under: |
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(A) Chapter 361 of this code; |
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(B) Chapter 382 of this code; or |
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(C) Chapter 26 or 27, Water Code. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Environmental justice community" means a United |
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States census block group, as determined in accordance with the |
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most recent United States census, for which: |
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(A) 30 percent or more of the |
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noninstitutionalized population consists of persons who have an |
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income below 200 percent of the federal poverty level; or |
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(B) 50 percent or more of the population consists |
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of members of racial minority or ethnic minority groups. |
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Sec. 428.002. ENVIRONMENTAL JUSTICE REPORT. (a) A person |
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applying for a permit for a new affecting facility or the expansion |
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of an affecting facility must submit to the commission an |
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environmental justice report stating whether the facility or |
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expansion is to be located in an environmental justice community. |
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The report must include demographic information to support the |
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applicant's conclusion as to whether the facility or expansion is |
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to be located in an environmental justice community. |
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(b) The commission shall review the environmental justice |
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report and conduct research to determine whether the facility or |
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expansion is to be located in an environmental justice community. |
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The commission shall publish its determination and findings in |
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writing. |
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Sec. 428.003. REQUIREMENTS FOR FACILITIES IN ENVIRONMENTAL |
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JUSTICE COMMUNITIES. If the commission determines that the |
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affecting facility or expansion is to be located in an |
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environmental justice community, the applicant must, before the |
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commission may issue a permit: |
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(1) file with the commission a public participation |
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plan that meets the requirements of Section 428.004 and obtain the |
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commission's approval of the plan; |
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(2) consult with the chief elected official of the |
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municipality in which the facility or expansion is to be located, or |
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with the chief elected official of the county if the facility or |
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expansion is to be located outside the boundaries of a |
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municipality, to evaluate the need for a community environmental |
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benefit agreement in accordance with Section 428.006; and |
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(3) participate in a public hearing under Section |
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428.005. |
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Sec. 428.004. PUBLIC PARTICIPATION PLAN. A public |
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participation plan must: |
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(1) contain measures to facilitate effective public |
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participation in the regulatory process, including measures that: |
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(A) allow residents of the environmental justice |
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community to have an appropriate opportunity to participate in |
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decisions about a proposed facility or expansion that may adversely |
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affect residents' environment or health; and |
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(B) seek out and facilitate the participation of |
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those who potentially would be affected by the facility or |
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expansion; and |
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(2) include a certification that the applicant will |
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undertake the measures contained in the plan. |
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Sec. 428.005. PUBLIC HEARING; NOTICE. (a) If the commission |
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determines that an affecting facility is to be located in an |
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environmental justice community, the commission shall conduct a |
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hearing to address issues of environmental justice posed by the |
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construction or expansion of the facility. |
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(b) Not more than 30 or less than 10 days before the date set |
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for the public hearing, the applicant shall: |
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(1) publish the date, time, location, and nature of |
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the hearing: |
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(A) in a newspaper having general circulation in |
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the area affected and any other appropriate local newspaper serving |
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the area; |
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(B) on the applicant's website, if applicable; |
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and |
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(C) on a reasonably visible sign posted at the |
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location of the proposed facility or expansion, printed in English |
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and in each language spoken by at least 20 percent of the population |
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that resides within one-half mile of the proposed or existing |
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facility; and |
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(2) provide written notice of the date, time, |
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location, and nature of the meeting to: |
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(A) neighborhood and environmental groups in a |
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language appropriate for the target audience; and |
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(B) local and state elected officials who |
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represent the community. |
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(c) At the hearing, the person applying for the permit shall |
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make a reasonable and good faith effort to provide clear, accurate, |
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and complete information about the proposed facility or the |
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proposed expansion of a facility and the potential environmental |
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and health impacts of the facility or expansion on the community. |
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(d) The commission may not take any action on the person's |
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application for a permit before the 60th day after the date of the |
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hearing. |
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Sec. 428.006. COMMUNITY ENVIRONMENTAL BENEFIT AGREEMENTS. |
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(a) A municipality and the owner or developer of an affecting |
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facility may enter into a community environmental benefit agreement |
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under which the owner or developer agrees to mitigate adverse |
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impacts reasonably related to the facility, including impacts on |
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the environment, traffic, parking, and noise, by: |
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(1) developing real property that is to be used for the |
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facility or expansion in a way that mitigates the impacts; or |
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(2) providing financial resources for mitigation. |
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(b) If an affecting facility will be located outside the |
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boundaries of a municipality, a community environmental benefit |
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agreement may be entered into between a county and the owner or |
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developer of the affecting facility. |
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(c) Mitigation may include on-site and off-site |
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improvements, activities, and programs, including funding for |
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activities such as: |
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(1) providing environmental education; |
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(2) reducing diesel pollution; |
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(3) constructing bicycling and pedestrian trails; |
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(4) staffing parks; |
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(5) supporting and promoting urban forestry; |
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(6) supporting and promoting community gardens; and |
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(7) providing for any other negotiated benefit to the |
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environment in the environmental justice community. |
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(d) Before negotiating the terms of a community |
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environmental benefit agreement, the municipality or county shall |
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provide a reasonable and public opportunity for residents of the |
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potentially affected environmental justice community to be heard |
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concerning the need for, and terms of, an agreement. |
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SECTION 2. Chapter 428, Health and Safety Code, as added by |
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this Act, applies only to an application to construct or expand an |
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affecting facility in an environmental justice community as those |
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terms are defined by Section 428.001, Health and Safety Code, as |
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added by this Act, that is received by the Texas Commission on |
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Environmental Quality on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2015. |