80R3472 YDB-F

By: Thompson H.B. No. 601

A BILL TO BE ENTITLED

AN ACT

relating to the requirement that state agencies identify and address adverse human health and 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 Health and Human Services Commission;

(4) the Texas Department of Housing and Community Affairs;

(5) the Texas Workforce Commission;

(6) the Department of Agriculture;

(7) the Department of State Health Services;

(8) the General Land Office;

(9) the Texas Economic Development and Tourism Office;

(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 this state designated by the governor.

Sec. 5.853. REPORT TO GOVERNOR. The working group shall report to the governor through staff designated by the governor in the governor's office.

Sec. 5.854. DUTIES OF WORKING GROUP. The working group shall:

(1) provide guidance to state agencies on criteria for identifying disproportionately high and adverse human health or environmental effects on areas with minority populations and low-income populations;

(2) coordinate with, provide guidance to, and serve as a clearinghouse for each state agency as it develops the environmental justice strategy 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 Department of State Health Services, the Texas Department of Housing and Community Affairs, the Health and Human Services Commission, 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 promote 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 the disproportionately high and adverse human health or environmental effects of the agency's programs, policies, and activities on areas with minority populations and low-income populations.

(c) In implementing this section, a state agency shall consider the principles of 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 environmental justice strategy for the entire agency that identifies and addresses, as appropriate, the disproportionately high and adverse human health or environmental effects of the agency's programs, policies, and activities on areas with minority populations and low-income populations.

(b) The environmental justice 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 a 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 in areas with minority populations and low-income populations; and

(4) identify different patterns of consumption of natural resources in areas with minority populations and low-income populations.

(c) Each state agency's environmental justice strategy must:

(1) address the economic and social implications of the revisions anticipated by the strategy; and

(2) 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 does not:

(1) exclude any person or group from participation because of race, color, or national origin;

(2) deny benefits to any person or group because of race, color, or national origin; or

(3) subject any person or group to discrimination because of race, color, or national origin.

Sec. 5.858. RESEARCH, DATA COLLECTION, AND ANALYSIS. (a) A state agency that conducts or supports research on human health or the environment shall ensure that the research complies with this subchapter.

(b) Research described by Subsection (a), 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) An analysis of research described by Subsection (a), 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.

(b) To the extent practicable and appropriate, each state agency shall use information obtained under Subsection (a) to determine whether the agency's programs, policies, and activities have disproportionately high and adverse human health or environmental effects on areas with minority populations and low-income populations.

(c) 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 agency's jurisdiction 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.); and

(2) expected to have substantial environmental, human health, or economic effect on the surrounding populations.

(d) 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, 2007, 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) Each state agency subject to Subchapter S, Chapter 5, Water Code, as added by this Act, shall:

(1) not later than January 1, 2008, identify an internal administrative process for developing its environmental justice strategy and inform the interagency working group established under Section 5.852, Water Code, as added by this Act, of the process;

(2) not later than March 1, 2008, provide the working group with an outline of the environmental justice strategy;

(3) not later than July 1, 2008, file the agency's proposed environmental justice strategy with the working group;

(4) not later than September 1, 2008, finalize its environmental justice strategy and provide a copy of the strategy to the working group; and

(5) not later than September 1, 2009, report to the working group on the agency's progress in implementing its environmental justice strategy.

(c) Not later than November 1, 2009, 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, as added by this Act, and includes the final environmental justice strategy of each state agency subject to that subchapter.

SECTION 3. This Act takes effect September 1, 2007.