78R7936 DLF-D
By: West H.B. No. 3078
A BILL TO BE ENTITLED
AN ACT
relating to state agency action to identify and address
disproportionately high and adverse human health or environmental
effects on minority populations and low-income populations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 5, Water Code, is amended by adding
Subchapter S to read as follows:
SUBCHAPTER S. ENVIRONMENTAL JUSTICE
Sec. 5.851. DEFINITIONS. In this subchapter:
(1) "State agency" means an executive agency of this
state with statewide jurisdiction, including a department, board,
commission, office, and council, or an institution of higher
education.
(2) "Working group" means the interagency working
group established under Section 5.852.
Sec. 5.852. INTERAGENCY WORKING GROUP. The commission
shall establish an interagency working group on environmental
justice. The working group is composed of a representative of:
(1) the commission;
(2) the attorney general;
(3) the Texas Department of Human Services;
(4) the Texas Department of Housing and Community
Affairs;
(5) the Texas Workforce Commission;
(6) the Department of Agriculture;
(7) the Texas Department of Health;
(8) the General Land Office;
(9) the Texas Department of Economic Development;
(10) the Railroad Commission of Texas;
(11) the comptroller;
(12) the Parks and Wildlife Department;
(13) the Veterans' Land Board; and
(14) any other agency or officer of the state
designated by the governor.
Sec. 5.853. REPORT TO GOVERNOR. The working group shall
report to the governor through staff in the governor's office, as
designated by the governor.
Sec. 5.854. DUTIES OF WORKING GROUP. The working group
shall:
(1) provide guidance to agencies of this state on
criteria for identifying disproportionately high and adverse human
health or environmental effects on minority populations and
low-income populations;
(2) coordinate with, provide guidance to, and serve as
a clearinghouse for each state agency as it develops an
environmental justice strategy as required by this subchapter, to
ensure that the administration, interpretation, and enforcement of
programs, activities, and policies are undertaken in a consistent
manner;
(3) assist in coordinating research by and stimulating
cooperation among the commission, the Texas Department of Health,
the Texas Department of Housing and Community Affairs, the Texas
Department of Human Services, and other state agencies conducting
research or other activities in accordance with this subchapter;
(4) assist in coordinating collection of data under
this subchapter;
(5) examine existing information on environmental
justice;
(6) hold hearings relating to the functions of the
working group; and
(7) develop interagency model projects on
environmental justice that evidence cooperation among state
agencies.
Sec. 5.855. DUTIES OF STATE AGENCIES. (a) Each state
agency shall make achieving environmental justice a part of the
agency's mission.
(b) To the extent practicable and permitted by law, each
state agency shall identify and address, as appropriate, the
disproportionately high and adverse human health or environmental
effects of the agency's programs, policies, and activities on
minority populations and low-income populations.
(c) In implementing this section, a state agency shall
consider the principles on environmental justice stated in the
report on the National Performance Review.
Sec. 5.856. DEVELOPMENT OF AGENCY STRATEGIES. (a) Each
state agency shall develop an agency-wide environmental justice
strategy. The environmental justice strategy must identify and
address, as appropriate, the disproportionately high and adverse
human health or environmental effects of the agency's programs,
policies, and activities on minority populations and low-income
populations. The environmental strategy must list programs,
policies, planning and public participation practices, enforcement
practices, and rules related to human health or the environment
that should be revised to, at minimum:
(1) promote enforcement of all health and
environmental laws in areas with minority populations and
low-income populations;
(2) ensure greater public participation;
(3) improve research and data collection relating to
the health and environment of minority populations and low-income
populations; and
(4) identify differential patterns of consumption of
natural resources among minority populations and low-income
populations.
(b) Each state agency's environmental justice strategy must
address the economic and social implications of the revisions
anticipated by the strategy.
(c) Each state agency's environmental justice strategy must
include specific projects that can be undertaken to address
particular concerns identified during the development of the
strategy and a schedule for implementing those projects.
(d) Each state agency shall provide periodic reports to the
working group on implementation of the agency's environmental
justice strategy.
Sec. 5.857. STATE AGENCY PROGRAMS, POLICIES, AND
ACTIVITIES. Each state agency shall conduct the programs,
policies, and activities of the agency that substantially affect
human health or the environment in a manner that ensures that the
programs, policies, and activities do not:
(1) exclude persons or groups of persons from
participation in the programs, policies, and activities because of
race, color, or national origin;
(2) deny persons or groups of persons the benefits of
the programs, policies, and activities because of race, color, or
national origin; or
(3) subject persons or groups of persons to
discrimination under the programs, policies, and activities
because of race, color, or national origin.
Sec. 5.858. RESEARCH, DATA COLLECTION, AND ANALYSIS. (a) A
state agency that conducts or supports environmental human health
research shall ensure that the research complies with this
subchapter.
(b) Environmental human health research, as practicable and
appropriate, must include diverse segments of the population in
epidemiological and clinical studies, including segments of the
population at high risk from environmental hazards, such as
minority populations, low-income populations, and workers who may
be exposed to substantial environmental hazards.
(c) Environmental human health analyses, as practicable and
appropriate, must identify multiple and cumulative exposures.
(d) A state agency shall provide minority populations and
low-income populations the opportunity to comment on the
development and design of research strategies in accordance with
this subchapter.
Sec. 5.859. DUTIES OF STATE AGENCY RELATING TO RESEARCH.
(a) To the extent consistent with applicable law, including law
imposing privacy protections, each state agency, as practicable and
appropriate, shall collect, maintain, and analyze information
assessing and comparing environmental and health risks borne by
populations identified by race, national origin, or income. To the
extent practicable and appropriate, each state agency shall use
information obtained under this subsection to determine whether the
programs, policies, and activities of the agency have
disproportionately high and adverse human health or environmental
effects on minority populations and low-income populations.
(b) Each state agency, as practicable and appropriate,
shall collect, maintain, and analyze information on race, national
origin, and income level and other readily accessible and
appropriate information for areas surrounding facilities or sites
under the jurisdiction of the agency that are:
(1) subject to administrative or judicial action or
subject to the reporting requirements of the federal Emergency
Planning and Community Right-to-Know Act (42 U.S.C. 11001 et seq.),
as amended; and
(2) expected to have a substantial environmental,
human health, or economic effect on the surrounding populations.
(c) To the extent practicable and appropriate, each state
agency, in implementing this section, shall share information and
eliminate unnecessary duplication of efforts through the use of
available data systems and cooperative agreements with federal
agencies, other state or tribal governments, and local political
subdivisions.
SECTION 2. (a) Not later than December 1, 2003, the Texas
Commission on Environmental Quality shall establish the
interagency working group required by Section 5.852, Water Code, as
added by this Act.
(b) Not later than January 1, 2004, each state agency
subject to Subchapter S, Chapter 5, Water Code, as added by this
Act, shall identify an internal administrative process for
developing its environmental justice strategy and shall inform the
interagency working group established under Section 5.852, Water
Code, as added by this Act, of the process. Not later than March 1,
2004, each state agency shall provide the working group with an
outline of the environmental justice strategy. Not later than July
1, 2004, each state agency shall file the agency's proposed
environmental justice strategy with the working group. Not later
than September 1, 2004, each state agency shall finalize its
environmental justice strategy and provide a copy of the strategy
to the working group. Not later than September 1, 2005, each state
agency shall report to the working group on the agency's progress in
implementing its environmental justice strategy.
(c) Not later than November 1, 2005, the interagency working
group established under Section 5.852, Water Code, as added by this
Act, shall file with the governor, in the manner described by
Section 5.853, Water Code, as added by this Act, a report that
describes the implementation of Subchapter S, Chapter 5, Water
Code, and includes the finalized environmental justice strategies
of each state agency subject to that subchapter.
SECTION 3. This Act takes effect September 1, 2003.