Reynolds Environmental Justice Bill Also Creates A 15-Member Board

The text as introduced · 1,140 words

89R4555 CMO-F

By: Reynolds
H.B. No. 859

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 January 1, 2026, 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, 2026, 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, 2026, 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, 2026, 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 September 1, 2025.