Cities and local governments are the governments closest to the people - providing services to citizens, such as police and fire protection, emergency medical services, streets and traffic management, solid waste services, water and wastewater treatment, stormwater management, parks and recreation centers, animal control, and a host of other services that help to maintain a community and its quality of life. With that said, the Texas Legislature has the power to touch every aspect of city government in both positive and negative ways. As such, the City has developed a legislative program that aims to protect and enhance the City’s ability to provide quality services and programs and ensure the health, safety and welfare of the public by actively participating in the legislative process.
Accordingly, during preparations for the City's biennial legislative agenda as part of the City's Intergovernmental Relations program, the City has identified the opportunity to request that the Texas Municipal League (TML) seek introduction and passage of legislation that ensures that cities and the State work as partners when dealing with incidents that may result in an immediate public health risk.
TML is an organization whose purpose is to advance and sustain the interests of the cities of Texas. TML achieves this purpose by, among other things: representing municipal interests before legislative and administrative bodies; serving as a repository of literature, analyses, and research; and sponsoring and conducting conferences, seminars, meetings, and workshops on municipal government. TML's advocacy efforts are based on a legislative program that is developed by member city officials. To develop the program, a member city, TML region, or TML affiliate may provide input by submitting a resolution for consideration at the League's annual conference. For 2018, resolutions from any member city, TML region, or TML affiliate must arrive at the TML headquarters no later than 5:00 p.m. on August 27, 2018.
Currently, State agencies such as the Department of State Health Services (DSHS) are not required to notify the City of incidents involving hazardous materials if concentrations of the material are determined to be below acceptable levels set out by the State. Furthermore, cities are not provided with a list of properties that are licensed to handle certain hazardous materials, such as radioactive particles, or a list of what those materials may be. This can put first responders at risk when responding to emergencies at these locations. Difficulties in obtaining this information can be compounded when the State enters into confidentiality agreements with the property owners or when information about the materials is restricted due to homeland security issues. To ensure that the health and safety of the general public is secured, cities throughout the state need to be notified of potential public health issues and have access to information.
The necessity of this type of legislation became apparent on April 14, 2015 with an accidental release of Cesium 137 – a radioactive material found in gauges used in the petrochemical and oil industries – inside the Thermo Fisher Scientific building in the Sugar Land Business Park. The City was not notified of the release of radioactive materials until reporters from the media started calling the City with questions. The City took proactive, deliberate measures to obtain answers from Thermo Fisher and the Department of State Health Services (DSHS) the regulatory agency responsible for monitoring radioactive materials and cleanup. State officials explained that since the levels of radiation were too low to be a public health threat, there was no requirement of the State to notify the City. Moreover, the business explained that they could not release certain information, such as the exact location of particles on City-owned property, because of disclosure requirements with the State.
After months of effort and a meeting with the head of DSHS, the City was able to obtain heavily censored information from DSHS about the release which aided the City in reaching a remediation agreement with Thermo Fisher. The agreement holds Thermo Fisher to the highest standard by ensuring the company restores City-owned and all other affected properties to their original condition and conducts surveying and remediation of surrounding properties. As of May 3, 2018, the Thermo Fisher has removed contamination from 14 properties and the City’s ditch. Surveys of surrounding properties continue, including rights-of-way along a street in the Sugar Land Business Park. With the passage of this type of legislation, cities would be better informed and can be better partners with the state on these types of public health issues.
The resolution has been reviewed with the City Council Intergovernmental Relations Committee, and upon approval of Resolution No. 18-26, City staff will submit the resolution to TML no later than 5:00 p.m. on August 27, 2018. The resolution will be considered by the TML Resolutions Committee at the TML Annual Conference held in October 2018.
City Staff recommends approval of Resolution No. 18-26 requesting the Texas Municipal League (TML) to seek introduction and passage of legislation in the 86th Legislative Session granting cities the right to obtain information on incidents within their jurisdiction that affect the public health of the general public and first responders and obligating state agencies to provide immediate notice to cities when incidents occur that may result in an immediate public health risk or compromise critical infrastructure within the City.