Sunset Commission Approves Final Recommendations

State Sen. Charles Perry, R-Lubbock, speaks while the Texas Sunset Advisory Commission holds a vote at the Texas State Capitol on how the Texas Commission on Environmental Quality operates (Photo by John Anderson)

In a brief meeting Nov. 10, the Texas Sunset Advisory Commission voted on its suggestions for the 88th Texas Legislature regarding the Texas Commission on Environmental Quality, a regulator that has long failed to regulate according to many environmental stakeholders. In May, Sunset staff found that TCEQ has become a "reluctant regulator," resulting in a "concerning level of distrust of the agency – by regulated entities, environmental advocates, public officials, and the general public." The staff report recommends that the must-pass legislation reauthorizing TCEQ in 2023 include better tools for holding polluters accountable, improved water oversight, and increased transparency in public meetings. At last week's meeting of the SAC itself – members from both parties in the Texas House and Senate, as well as public appointees – that last point gained the most traction.

"On balance, we're pretty happy with what happens, essentially everything got through," said Adrian Shelley with Public Citizen after the vote. The SAC recommended more opportunities for public engagement, extending the public comment period after TCEQ hearings to 36 hours and posting permit applications online; raising the maximum fine for a pollution incident from $25,000 to $40,000; and authorizing the suspension of a facility's compliance history rating in the event of death or injury.

The May recommendations from Sunset staff added a public meeting at the beginning of the process, which the SAC struck. Shel­ley also pointed to a proposal by SAC member state Sen. Charles Perry, R-Lubbock, to allow virtual public meetings: "Our understanding is it's not his intent to remove the opportunity for the in-person meeting; we think that needs to be clarified. We think there's a real benefit of an in-person meeting, both because it brings the TCEQ staff out to the community where a permit is happening, [and] it gives people an opportunity for face-to-face communication."

Relations are often contentious between TCEQ and the communities where it allows regulated industries to survive and expand, but the environmental justice implications of TCEQ's decisions were not addressed in the SAC's approved recommendations. "They're ignoring the elephant in the room, which is that TCEQ is not set up to protect communities that are consistently built in," said Shelley.

The agency's stated twin goals are to protect public health and natural resources "consistent with" economic development. "We brought up major issues with TCEQ's failure to regulate, major issues on enforcement, major issues with not looking at the cumulative impacts, especially for front-line communities. None of those issues were addressed," said Cyrus Reed with Sierra Club's Lone Star Chapter. "So when we're positive about what happened today, we're being positive [about] where they're starting from." Reed says Sierra Club will be working to get environmental justice cumulative impacts and better enforcement into the final bill adopted by the Lege.