86R1160 JTS-F
 
  By: Miles S.B. No. 180
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to applications for permits issued by the Texas Commission
  on Environmental Quality for certain new or expanded facilities in
  certain low-income and minority communities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle G, Title 5, Health and Safety Code, is
  amended by adding Chapter 428 to read as follows:
  CHAPTER 428. ENVIRONMENTAL JUSTICE COMMUNITIES
         Sec. 428.001.  DEFINITIONS. In this chapter:
               (1)  "Affecting facility" means a facility required to
  obtain a permit, as "permit" is defined by Section 5.752, Water
  Code, under:
                     (A)  Chapter 361 of this code;
                     (B)  Chapter 382 of this code; or
                     (C)  Chapter 26 or 27, Water Code.
               (2)  "Commission" means the Texas Commission on
  Environmental Quality.
               (3)  "Environmental justice community" means a United
  States census block group, as determined in accordance with the
  most recent United States census, for which:
                     (A)  30 percent or more of the
  noninstitutionalized population consists of persons who have an
  income below 200 percent of the federal poverty level; or
                     (B)  50 percent or more of the population consists
  of members of racial minority or ethnic minority groups.
         Sec. 428.002.  ENVIRONMENTAL JUSTICE REPORT.  (a) A person
  applying for a permit for a new affecting facility or the expansion
  of an affecting facility must submit to the commission an
  environmental justice report stating whether the facility or
  expansion is to be located in an environmental justice community.
  The report must include demographic information to support the
  applicant's conclusion as to whether the facility or expansion is
  to be located in an environmental justice community.
         (b)  The commission shall review the environmental justice
  report and conduct research to determine whether the affecting
  facility or expansion is to be located in an environmental justice
  community. The commission shall publish its determination and
  findings in writing.
         Sec. 428.003.  REQUIREMENTS FOR FACILITIES IN ENVIRONMENTAL
  JUSTICE COMMUNITIES. If the commission determines that the
  affecting facility or expansion is to be located in an
  environmental justice community, the applicant must, before the
  commission may issue a permit:
               (1)  file with the commission a public participation
  plan that meets the requirements of Section 428.004 and obtain the
  commission's approval of the plan;
               (2)  consult with the chief elected official of the
  municipality in which the facility or expansion is to be located, or
  with the chief elected official of the county if the facility or
  expansion is to be located outside the boundaries of a
  municipality, to evaluate the need for a community environmental
  benefit agreement in accordance with Section 428.006; and
               (3)  participate in a public hearing under Section
  428.005.
         Sec. 428.004.  PUBLIC PARTICIPATION PLAN. A public
  participation plan must:
               (1)  contain measures to facilitate effective public
  participation in the regulatory process, including measures that:
                     (A)  allow residents of the environmental justice
  community to have an appropriate opportunity to participate in
  decisions about a proposed affecting facility or expansion that may
  adversely affect residents' environment or health; and
                     (B)  seek out and facilitate the participation of
  those who potentially would be affected by the facility or
  expansion; and
               (2)  include a certification that the applicant will
  undertake the measures contained in the plan.
         Sec. 428.005.  PUBLIC HEARING; NOTICE. (a) If the commission
  determines that an affecting facility or expansion is to be located
  in an environmental justice community, the commission shall conduct
  a hearing to address issues of environmental justice posed by the
  construction or expansion of the facility.
         (b)  Not more than 30 or less than 10 days before the date set
  for the public hearing, the applicant shall:
               (1)  publish the date, time, location, and nature of
  the hearing:
                     (A)  in a newspaper having general circulation in
  the area affected and any other appropriate local newspaper serving
  the area;
                     (B)  on the applicant's website, if applicable;
  and
                     (C)  on a reasonably visible sign posted at the
  location of the proposed affecting facility or expansion, printed
  in English and in each language spoken by at least 20 percent of the
  population that resides within one-half mile of the proposed or
  existing facility; and
               (2)  provide written notice of the date, time,
  location, and nature of the meeting to:
                     (A)  neighborhood and environmental groups in a
  language appropriate for the target audience; and
                     (B)  local and state elected officials who
  represent the community.
         (c)  At the hearing, the person applying for the permit shall
  make a reasonable and good faith effort to provide clear, accurate,
  and complete information about the proposed affecting facility or
  expansion and the potential environmental and health impacts of the
  facility or expansion on the community.
         (d)  The commission may not take any action on the person's
  application for a permit before the 60th day after the date of the
  hearing.
         Sec. 428.006.  COMMUNITY ENVIRONMENTAL BENEFIT AGREEMENTS.
  (a) A municipality and the owner or developer of an affecting
  facility may enter into a community environmental benefit agreement
  under which the owner or developer agrees to mitigate adverse
  impacts reasonably related to the facility, including impacts on
  the environment, traffic, parking, and noise, by:
               (1)  developing real property that is to be used for the
  facility or expansion in a way that mitigates the impacts; or
               (2)  providing financial resources for mitigation.
         (b)  If an affecting facility will be located outside the
  boundaries of a municipality, a community environmental benefit
  agreement may be entered into between a county and the owner or
  developer of the affecting facility.
         (c)  Mitigation may include on-site and off-site
  improvements, activities, and programs, including funding for
  activities such as:
               (1)  providing environmental education;
               (2)  reducing diesel pollution;
               (3)  constructing bicycle and pedestrian trails;
               (4)  staffing parks;
               (5)  supporting and promoting urban forestry;
               (6)  supporting and promoting community gardens; and
               (7)  providing for any other negotiated benefit to the
  environment in the environmental justice community.
         (d)  Before negotiating the terms of a community
  environmental benefit agreement, the municipality or county shall
  provide a reasonable and public opportunity for residents of the
  potentially affected environmental justice community to be heard
  concerning the need for, and terms of, an agreement.
         SECTION 2.  Chapter 428, Health and Safety Code, as added by
  this Act, applies only to an application to construct or expand an
  affecting facility in an environmental justice community as those
  terms are defined by Section 428.001, Health and Safety Code, as
  added by this Act, that is received by the Texas Commission on
  Environmental Quality on or after the effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2019.