10 Demands for A True Texas Environmental & Public Health Protection Agency |
1. Create a new Texas agency whose mission is to protect the
public health and environment in Texas.
The Texas Natural Resource Conservation Commission must be re-created and given a new name that reflects the mission of the agency. The mission of the agency is NOT to promote economic development.
2. The agency must be accountable to the people of Texas and unable to be influenced by polluter money. In order for citizens to trust in the integrity of agency policies, money politics in agency decisions must be neutralized. There must be strict prohibitions in the law preventing conflicts of interest. The agency must not serve as a consultant to any regulated business in permitting or enforcement activities. The agency must not spend time "perfecting" polluter's permits at tax-payer expense.
3. No business has the right to pollute, but all Texas residents have the right to clean air and water. The agency must enforce crucial citizen rights such as the right to:
4. The goal of issuing pollution permits must be to reduce and eventually eliminate pollution. The agency must stop issuing permits and permit renewals to violators of environmental laws. Cumulative effects of pollution from multiple sources in one area must be factored into all permitting.
5. The agency must adequately review but not support polluters' permits in hearings. The agency is accountable ONLY to the citizens. It must only present evidence in a hearing when there is no other party to do so.
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6. The Office of Public Interest Counsel must be independent,
adequately funded and have the ability to appeal agency decisions in
court.
Independence and the authority to appeal, combined with a budget sufficient for witnesses and appellate procedures would make OPIC the type of effective advocate on behalf of the environment and public health that is needed.
7. The agency must protect civil rights and actively ensure that low income communities and communities of color do not bear a disproportionate share of pollution. The agency must consider environmental justice, cumulative effects, and land use compatibility in all permitting decisions.
8. The funding structure for the agency must ensure adequate funding of core programs and incorporate sufficient incentives for pollution reduction. Texas ranks 46th in the nation in per capita spending on environmental protection and must do better.
9. The agency must have the funding and the legislative directive to PREVENT pollution problems by inspecting and monitoring polluting facilities and enforcing environmental laws. The agency must conduct periodic surprise inspections. All major facilities must be inspected annually. Permits must be permanently revoked after three significant violations. The new agency must make violators pay fines that offset the economic advantage gained by the violations.
10. The agency must seek input and advice from a broad range of perspectives (ie: include the public and not just industries) Advisory or working groups for rules and policies must be balanced.
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We, the undersigned, fully endorse the above principles and respectfully demand that the Sunset Commission and the Texas Legislature so re-create the TNRCC because Texas is in a state of environmental emergency.
Name | City | Name | City |
Please return petitions to: Public Interest Sunset Working Group
4006 Speedway, Austin, TX 78751
512-454-3050 www.texascenter.org/sunset