SB180 —

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends the Texas statutes.

• 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) provid

  amended