SB1768 - Relating to a health impact assessment for certain transportation projects of the Texas Department of Transportation.

  89R12082 JRR-D     By: Cook S.B. No. 1768       A BILL TO BE ENTITLED   AN ACT   relating to a health impact assessment for certain transportation   projects of the Texas Department of Transportation.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter H, Chapter 201, Transportation Code,   is amended by adding Section 201.6045 to read as follows:           Sec.   201.6045.     HEALTH IMPACT ASSESSMENT REQUIRED FOR   CERTAIN TRANSPORTATION PROJECTS. (a) In this section, "health   impact assessment" means a comprehensive report that analyzes the   potential health impacts of a proposed transportation project.           (b)     Except as provided by Subsection (d), the department, in   conjunction with the Health and Human Services Commission, the   Texas Commission on Environmental Quality, and any applicable   metropolitan planning organization, shall perform a health impact   assessment of a proposed department transportation project that is   subject to review under the National Environmental Policy Act of   1969 (42 U.S.C. Section 4321 et seq.).           (c)     A health impact assessment required under this section   must:                 (1)     evaluate the potential negative and positive   health impacts of the proposed transportation project, including   the anticipated changes to air quality from the project and the   potential health impacts of those changes;                 (2)     identify the populations affected by the health   impacts and anticipated air quality changes described by   Subdivision (1); and                 (3)     include mitigation strategies to minimize the   potential adverse impacts and enhance the positive impacts of the   project.           (d)     The department may contract with a nongovernmental   organization to perform a health impact assessment required under   this section.           (e)  The department shall:                 (1)     make available to the public on the department's   Internet website a draft of each health impact assessment performed   under this section in English and Spanish before publishing a final   health impact assessment;                 (2)     provide all interested persons with a period of   not less than 45 days from the date the draft health impact   assessment is published under Subdivision (1) to provide oral or   written comments or data to the department regarding the draft   health impact assessment; and                 (3)     after the close of the comment period described by   Subdivision (2) and making any revisions to the draft health impact   assessment, publish the final version of the health impact   assessment in the same manner required under Subdivision (1).           (f)     The department may not make a final decision on a   proposed transportation project for which a health impact   assessment is required under this section until at least 30 days   after the publication of the final health impact assessment under   Subsection (e)(3).          SECTION 2.  Section 201.6045, Transportation Code, as added   by this Act, applies only to a transportation project that becomes   subject to review under the National Environmental Policy Act of   1969 (42 U.S.C. Section 4321 et seq.) on or after the effective date   of this Act.          SECTION 3.  This Act takes effect September 1, 2025.