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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Office of Environmental Justice |
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within the Texas Commission on Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 5, Water Code, is amended by adding |
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Subchapter G-1 to read as follows: |
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SUBCHAPTER G-1. OFFICE OF ENVIRONMENTAL JUSTICE |
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Sec. 5.291. DEFINITIONS. In this subchapter: |
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(1) "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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(2) "Office" means the Office of Environmental |
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Justice. |
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(3) "Permit" has the meaning assigned by Section |
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5.752. The term includes an original permit, permit renewal, or |
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permit amendment. |
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(4) "Permitted facility" means a facility required to |
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obtain a permit under: |
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(A) Chapter 361, Health and Safety Code; |
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(B) Chapter 382, Health and Safety Code; or |
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(C) Chapter 26 or 27 of this code. |
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Sec. 5.292. CREATION AND GENERAL RESPONSIBILITY OF OFFICE |
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OF ENVIRONMENTAL JUSTICE. The Office of Environmental Justice is |
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created within the commission to protect the public health, general |
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welfare, and physical property of environmental justice |
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communities in regard to the issuance of permits. |
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Sec. 5.293. RECOMMENDATION ON PERMIT. (a) In this section, |
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"affected environmental justice community" means an environmental |
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justice community within three miles of a proposed or existing |
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permitted facility. |
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(b) This section applies only to an application for a permit |
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related to a proposed or existing permitted facility located within |
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three miles of an environmental justice community. |
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(c) The office shall provide a recommendation to the |
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commission on whether a permit should be issued. In making the |
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recommendation, the office shall consider: |
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(1) whether the cumulative effects of pollution from |
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the proposed permitted facility or change to an existing facility |
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on the affected environmental justice community exceed the |
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statewide average; and |
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(2) any existing or anticipated vulnerabilities in the |
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affected environmental justice community, including: |
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(A) existing pollution levels in the affected |
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environmental justice community and exposure of the residents of |
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that community to those pollutants; |
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(B) limited access to health care by residents of |
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the affected environmental justice community; |
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(C) health factors of the residents of the |
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affected environmental justice community, including the prevalence |
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of: |
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(i) asthma and other respiratory diseases; |
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and |
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(ii) cancer; and |
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(D) proximity of the proposed permitted facility |
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to locations where children and elderly and medically vulnerable |
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people commonly gather, including: |
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(i) single or multi-family residences; |
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(ii) schools; |
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(iii) places of worship; |
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(iv) day care centers; and |
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(v) hospitals or other medical facilities. |
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(d) The office shall provide the recommendation described |
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by this section not later than the seventh day after the last day of |
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the public comment period applicable to the permit. |
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Sec. 5.294. CONSIDERATION OF RECOMMENDATION BY COMMISSION. |
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In addition to other factors required by law, the commission shall |
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consider the recommendation of the office in making a determination |
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about whether to issue a permit to which Section 5.293 applies. |
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Sec. 5.295. STAFF; OUTSIDE TECHNICAL SUPPORT. (a) The |
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office shall be adequately staffed to carry out its functions under |
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this subchapter. |
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(b) The office may obtain and use outside technical support |
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to carry out its functions under this subchapter. |
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SECTION 2. (a) Section 5.293, Water Code, as added by this |
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Act, applies only to an application for a permit, permit renewal, or |
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permit amendment submitted to the Texas Commission on Environmental |
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Quality on or after the effective date of this Act. An application |
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for a permit, permit renewal, or permit amendment submitted to the |
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Texas Commission on Environmental Quality before the effective date |
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of this Act is governed by the law in effect at the time the |
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application was submitted, and the former law is continued in |
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effect for that purpose. |
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(b) The Office of Environmental Justice within the Texas |
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Commission on Environmental Quality, as created by this Act, is not |
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required to issue a recommendation under Section 5.293, Water Code, |
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as added by this Act, before January 1, 2024. |
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SECTION 3. This Act takes effect September 1, 2023. |