By: Reynolds H.B. No. 86       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of the Texas Environmental Justice   Advisory Council.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Subtitle G, Title 5, Health and   Safety Code, is amended to read as follows:   SUBTITLE G. ENVIRONMENTAL HEALTH AND JUSTICE          SECTION 2.  Subtitle G, Title 5, Health and Safety Code, is   amended by adding Chapter 428 to read as follows:   CHAPTER 428. TEXAS ENVIRONMENTAL JUSTICE ADVISORY COUNCIL          Sec. 428.0101.  DEFINITIONS. In this chapter:                (1)  "Commission" means the Texas Commission on   Environmental Quality.                (2)  "Council" means the Texas Environmental Justice   Advisory Council.                (3)  "Environmental justice" means the fair treatment   of people of all races, cultures, and incomes in the development,   adoption, implementation, and enforcement of environmental law and   policy.                (4)  "Review board" means the Environmental Justice   Review Board.          Sec. 428.0102.  TEXAS ENVIRONMENTAL JUSTICE ADVISORY   COUNCIL. The Texas Environmental Justice Advisory Council is   established to advise state agencies and local governments on   environmental justice issues.          Sec. 428.0103.  MEMBERSHIP. (a) The council is composed of   eight members appointed as follows:                (1)  one member appointed by the executive director of   the Texas Commission on Environmental Quality;                (2)  one member appointed by the executive commissioner   of the Health and Human Services Commission;                (3)  one member appointed by the attorney general;                (4)  one member appointed by the executive director of   the Texas Department of Housing and Community Affairs;                (5)  one member appointed by the commissioner of   agriculture;                (6)  one member appointed by the executive director of   the Texas Department of Transportation;                (7)  one member appointed by the commissioner of   education; and                (8)  one member appointed by the governor.          (b)  Members of the council serve two-year terms.          Sec. 428.0104.  ENVIRONMENTAL JUSTICE REVIEW BOARD. (a)   The Environmental Justice Review Board is established. The review   board is composed of 15 members appointed by the council as follows:                (1)  five members from grassroots or faith-based   community organizations; and                (2)  10 members from public health, environmental, and   civil rights organizations, academia, large and small businesses,   local government officials, and organized labor.          (b)  The review board shall meet at least four times a year   and select a presiding officer from its membership.          (c)  The review board shall advise the council about issues   related to environmental justice and the action plans developed   under Section 428.0107.          Sec. 428.0105.  STATE PROGRAM REVIEW. (a) The council shall   review each state agency and state program that serves to protect   the environment to evaluate the agency's or program's positive and   negative effects on environmental justice for affected people.          (b)  Upon completing a review of a state agency or program   under Subsection (a), the council shall prepare a report   containing:                (1)  the council's findings from the review; and                (2)  legislative and policy recommendations to address   any environmental justice issues associated with the reviewed   agency or program.          (c)  The council shall deliver a report prepared under this   section to the reviewed state agency or the state agency that   oversees the reviewed program, the governor, the lieutenant   governor, and the speaker of the house of representatives.          Sec. 428.0106.  REPORT ON COMMISSION ENVIRONMENTAL PERMITS.   (a) The council shall prepare a report that identifies each   facility that has applied or is applying for a permit issued by the   commission. For each facility, the report must:                (1)  evaluate the facility's positive and negative   effects on environmental justice for affected people; and                (2)  make recommendations for permit compliance,   enforcement, remediation, siting, and other strategies to address   identified instances of lacking environmental justice.          (b)  The council shall revise the report prepared under this   section biennially and deliver the revised report to the   commissioner of the commission, the executive commissioner of the   Health and Human Services Commission, the governor, the lieutenant   governor, and the speaker of the house of representatives.          Sec. 428.0107.  COMMUNITY ACTION PLAN. (a) Representatives   of a community that is experiencing unfair treatment in the   development, adoption, implementation, or enforcement of   environmental law or policy may petition the council to create a   community action plan.          (b)  The council shall prescribe:                (1)  the procedure for petitioning the council; and                (2)  the content of the petition, which must include a   description of how the community is disproportionately affected by:                      (A)  environmental health risks; or                      (B)  the development, adoption, implementation,   or enforcement of law or policy affecting public health or the   environment.          (c)  The council shall review the submitted petitions and   select communities for which the council shall develop an action   plan under Subsection (d). The council shall develop the community   selection criteria.          (d)  The council, in cooperation with the review board, shall   develop an action plan for each community whose petition is   selected under Subsection (c). The council shall work with the   residents and local government officials of the community selected   in developing the action plan. The action plan must describe   clearly steps the community may take to improve existing and future   environmental justice for the community. In developing the action   plan for a community, the council shall:                (1)  consider:                      (A)  the allocation of resources;                      (B)  the exercise of regulatory discretion; and                      (C)  new environmental standards and protections;   and                (2)  specify:                      (A)  community deliverables;                      (B)  a time frame for implementation; and                      (C)  available financial and other resources to   implement the plan.          (e)  The council shall present each action plan developed   under this section to the selected community and each relevant   state agency, recommending steps the community and state agency may   take to facilitate the action plan's implementation.          (f)  The council shall monitor the implementation of each   action plan developed under this section.          Sec. 428.0108.  RULES. The council may adopt rules   necessary to implement this chapter.          SECTION 3.  (a)  Not later than March 1, 2024, the   appropriate appointing authorities shall appoint the members to the   Texas Environmental Justice Advisory Council as required by Section   428.0103, Health and Safety Code, as added by this Act. The council   may not take action until a majority of the appointed members have   taken office.          (b)  Not later than April 1, 2024, the Texas Environmental   Justice Advisory Council shall appoint the members to the   Environmental Justice Review Board as required by Section 428.0104,   Health and Safety Code, as added by this Act.          (c)  Not later than June 1, 2024, the Texas Environmental   Justice Advisory Council shall begin accepting petitions under   Section 428.0107, Health and Safety Code, as added by this Act.          (d)  Not later than December 1, 2024, the Texas Environmental   Justice Advisory Council shall complete the initial report required   under Section 428.0106, Health and Safety Code, as added by this   Act.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect on the 91st day after the last day of the   legislative session.