2021 -- S 0105 | |
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LC000608 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2021 | |
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A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENVIRONMENTAL JUSTICE | |
ACT | |
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Introduced By: Senators Euer, McCaffrey, Sosnowski, Kallman, Valverde, Mack, | |
Date Introduced: January 26, 2021 | |
Referred To: Senate Environment & Agriculture | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND |
2 | GOVERNMENT" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 17.11 |
4 | ENVIRONMENTAL JUSTICE ACT |
5 | 42-17.11-1. Definitions. |
6 | As used in this chapter: |
7 | (1) "Cumulative impacts" means an exposure, public health or environmental risk, or other |
8 | effect occurring in a specific geographical area, including from any environmental pollution |
9 | emitted or released routinely, accidentally, or otherwise, from any source, and assessed based on |
10 | the combined past, present, and reasonably foreseeable emissions and discharges affecting the |
11 | geographical area. "Cumulative impacts" shall be evaluated based on any applicable guidance |
12 | issued by the department. |
13 | (2) "Department" means the department of environmental management (DEM). |
14 | (3) "Director" means the director of the DEM. |
15 | (4) "Facility" means any: |
16 | (i) Electric generating facility with a capacity of more than ten megawatts (10 MW); |
17 | (ii) Resource recovery facility or incinerator; |
18 | (iii) Sludge combustor facility or incinerator; |
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1 | (iv) Sewage treatment plant with a capacity of more than fifty million (50,000,000) gallons |
2 | per day; |
3 | (v) Transfer station, recycling center, or other solid waste facility with a combined monthly |
4 | volume in excess of tons; |
5 | (vi) Landfill, including, but not limited to, a landfill that accepts ash, construction or |
6 | demolition debris, or solid waste; |
7 | (vii) Medical waste incinerator; |
8 | (viii) Pyrolysis or gasification facility; or |
9 | (ix) Major source of air pollution, as defined by the federal "Clean Air Act," 42 |
10 | U.S.C.s.7401 et seq. |
11 | (5) "Environmental justice" means the fair treatment and meaningful involvement of all |
12 | people regardless of race, color, national origin, English language proficiency, or income with |
13 | respect to the development, implementation, and enforcement of environmental laws, regulations, |
14 | and policies. |
15 | (6) "Environmental justice focus area" refers to the definition set forth by the DEM in SOP |
16 | Number BEP-AWC-1, effective 6/26/09 and entitled, "Policy for Considering Environmental |
17 | Justice in the Review of Investigation and Remediation of Contaminated Properties", which states: |
18 | "In order to meet the various needs of different communities, the population in those communities |
19 | must be clearly and consistently understood by the engineers and scientists within state agencies |
20 | responsible for overseeing, improving or maintaining a clean and healthful environment, including |
21 | those agencies responsible for overseeing the investigation and clean-up of properties. The United |
22 | States Environmental Protection Agency (EPA) uses data from the census to develop population |
23 | maps in Geographic Information Systems (GIS). In establishing their mapping criteria, EPA |
24 | calculated (on a regional basis) the percent of the census block group that is minority AND the |
25 | percent of the block group that is low-income (under two (2) times federal poverty level). Areas |
26 | mapped by EPA are both (% minority & % low-income) high enough to rank in the top fifteen |
27 | percent (15%) of block groups. DEM has adopted similar criteria, however, it compared the block |
28 | groups on a state-wide basis instead of a regional basis. In addition, DEM mapped areas where the |
29 | percent of the block group that is minority OR the percent of the block group that is low-income |
30 | (under two (2) times federal poverty level) are high enough to rank in the top fifteen percent (15%) |
31 | of block groups state-wide. The census blocks meeting these criteria established by the DEM in |
32 | SOP Number BEP-AWC-1 shall be designated environmental justice focus areas." |
33 | (7) "Permit" means any permit, registration, or license issued by the DEM establishing the |
34 | regulatory and management requirements for an ongoing regulated activity as authorized by federal |
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1 | law or state law. |
2 | 42-17.11-2. List of environmental justice areas. |
3 | (a) No later than one hundred twenty (120) days after the effective date of this act, the |
4 | department of environmental management shall adopt a list of environmental justice focus areas in |
5 | the state. The department shall update the list of environmental justice focus areas periodically as |
6 | new data becomes available and upon promulgation by the federal government of a new federal |
7 | decennial census. |
8 | (b) No later than sixty (60) days after an environmental justice focus area is designated |
9 | pursuant to subsection (a) of this section, the governing body of the municipality in which the |
10 | environmental justice focus area is located, in consultation with appropriate community groups, |
11 | shall designate a representative of the environmental justice focus area. |
12 | 42-17.11-3. Permit requirements in an environmental justice focus area. |
13 | (a) Beginning one hundred eighty (180) days after the effective date of this act, the DEM |
14 | shall not grant a permit for a new facility, or for the expansion of an existing facility, located in |
15 | whole or in part in an environmental justice focus area unless the permit applicant first: |
16 | (1) Prepares a report assessing the environmental impact of the proposed new facility, or |
17 | expansion of an existing facility, including any cumulative impacts on the environmental justice |
18 | focus area, any adverse environmental effects that cannot be avoided should the permit be granted, |
19 | and the public health impact on the environmental justice focus area of the proposed new facility |
20 | or expansion of an existing facility; |
21 | (2) Transmits the report required to be prepared pursuant to § 42- 17.11-3(a)(1) at least |
22 | thirty (30) days in advance of the public hearing required pursuant to § 42- 17.11-3(a)(3) to the |
23 | department, the governing body and the clerk of the municipality in which the environmental justice |
24 | focus area is located, and the designated representative of the environmental justice focus area. The |
25 | report shall be made available to the public at least thirty (30) days prior to the public hearing |
26 | required pursuant to § 42- 17.11-3(a)(3); |
27 | (3) Organizes and conducts a public hearing in a location convenient as much as possible |
28 | to all interested parties. The permit applicant shall publish public notices of the hearing in a |
29 | newspaper with statewide circulation and through the department's website and through a |
30 | newspaper, newsletters and other media that specifically focus on the community near the site not |
31 | less than twenty-one (21) days prior to the hearing. When appropriate, the notices shall be published |
32 | in Spanish, Portuguese or other languages. At least fourteen (14) days prior to the date set for such |
33 | hearing, a copy of the public notice shall be sent to the department, the governing body and the |
34 | clerk of the municipality in which the environmental justice focus area is located, and the |
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1 | designated representative of the environmental justice focus area. At the public hearing, the permit |
2 | applicant shall provide clear, accurate, and complete information about the proposed new facility |
3 | or expansion of an existing facility and the potential environmental and health impacts of the new |
4 | or expanded facility. The hearing shall provide an opportunity for meaningful public participation |
5 | by residents of the environmental justice focus area. Following the public hearing, the director or |
6 | designee shall consider the testimony presented and evaluate any revisions or conditions to the |
7 | permit that may be necessary to reduce the adverse impact to the public health or to the environment |
8 | in environmental justice focus area. |
9 | (b) The department shall not issue a decision on the permit application until at least sixty |
10 | (60) days after the public hearing held pursuant to this section. Notwithstanding the provisions of |
11 | any other law, or rule or regulation adopted pursuant thereto, to the contrary, the department may |
12 | deny a permit application in an environmental justice focus area upon a finding that the approval |
13 | of the permit would, together with the cumulative impacts posed by the existing conditions, |
14 | including conditions resulting from permitted activities, in the environmental justice focus area, |
15 | constitute an unreasonable risk to the health of the residents of the environmental justice focus area |
16 | or to the environment in the environmental justice focus area. |
17 | (c) The department, when evaluating an application for a permit pursuant to this section, |
18 | shall assess the community support for the proposed new facility or expansion of an existing |
19 | facility, as demonstrated through the public hearing conducted pursuant to § 42-17.11-3(a), letters |
20 | of support for, or opposition to, the proposed new or expanded facility, and any ordinance or |
21 | resolution adopted by the governing body of the municipality in which the environmental justice |
22 | focus area is located. The department shall consider community support, or the lack thereof, in its |
23 | decision to grant or deny a permit. |
24 | (d) If a permit applicant is applying for more than one permit for a proposed new facility |
25 | or expansion of an existing facility, the permit applicant shall only be required to comply with the |
26 | provisions of this section once for the same facility in the same location, unless the department, in |
27 | its discretion, determines that more than one public hearing is necessary due to the complexity of |
28 | the proposed new or expanded facility. Nothing in this section shall be construed to limit the |
29 | authority of the department to hold or require additional public hearings. |
30 | 42-17.11-4. Implementation. |
31 | (a) The department of environmental management may adopt rules and regulations to |
32 | implement the provisions of this chapter. |
33 | (b) The department may issue guidance on how to evaluate cumulative impacts pursuant § |
34 | 42-17.11-3(a)(1). The department shall publish the guidance document on its website. |
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1 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENVIRONMENTAL JUSTICE | |
ACT | |
*** | |
1 | This act would require the department of environmental management (DEM) to create a |
2 | list of environmental justice areas. Once the list of environmental justice areas is adopted the act |
3 | would establish requirements which would have to be met by an applicant prior to DEM issuing |
4 | permits for a new large electric generating facility, resource recovery facility or sludge combustor |
5 | facility. |
6 | This act would take effect upon passage. |
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