87R1782 E     By: Miles S.B. No. 365       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, 2021.