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

     

     Introduced By: Senators Euer, McCaffrey, Sosnowski, Kallman, Valverde, Mack,
Quezada, Cano, and Coyne

     Date Introduced: January 26, 2021

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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GOVERNMENT" is hereby amended by adding thereto the following chapter:

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CHAPTER 17.11

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ENVIRONMENTAL JUSTICE ACT

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     42-17.11-1. Definitions.

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     As used in this chapter:

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     (1) "Cumulative impacts" means an exposure, public health or environmental risk, or other

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effect occurring in a specific geographical area, including from any environmental pollution

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emitted or released routinely, accidentally, or otherwise, from any source, and assessed based on

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the combined past, present, and reasonably foreseeable emissions and discharges affecting the

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geographical area. "Cumulative impacts" shall be evaluated based on any applicable guidance

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issued by the department.

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     (2) "Department" means the department of environmental management (DEM).

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     (3) "Director" means the director of the DEM.

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     (4) "Facility" means any:

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     (i) Electric generating facility with a capacity of more than ten megawatts (10 MW);

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     (ii) Resource recovery facility or incinerator;

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     (iii) Sludge combustor facility or incinerator;

 

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     (iv) Sewage treatment plant with a capacity of more than fifty million (50,000,000) gallons

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per day;

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     (v) Transfer station, recycling center, or other solid waste facility with a combined monthly

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volume in excess of tons;

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     (vi) Landfill, including, but not limited to, a landfill that accepts ash, construction or

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demolition debris, or solid waste;

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     (vii) Medical waste incinerator;

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     (viii) Pyrolysis or gasification facility; or

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     (ix) Major source of air pollution, as defined by the federal "Clean Air Act," 42

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U.S.C.s.7401 et seq.

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     (5) "Environmental justice" means the fair treatment and meaningful involvement of all

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people regardless of race, color, national origin, English language proficiency, or income with

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respect to the development, implementation, and enforcement of environmental laws, regulations,

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and policies.

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     (6) "Environmental justice focus area" refers to the definition set forth by the DEM in SOP

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Number BEP-AWC-1, effective 6/26/09 and entitled, "Policy for Considering Environmental

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Justice in the Review of Investigation and Remediation of Contaminated Properties", which states:

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"In order to meet the various needs of different communities, the population in those communities

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must be clearly and consistently understood by the engineers and scientists within state agencies

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responsible for overseeing, improving or maintaining a clean and healthful environment, including

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those agencies responsible for overseeing the investigation and clean-up of properties. The United

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States Environmental Protection Agency (EPA) uses data from the census to develop population

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maps in Geographic Information Systems (GIS). In establishing their mapping criteria, EPA

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calculated (on a regional basis) the percent of the census block group that is minority AND the

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percent of the block group that is low-income (under two (2) times federal poverty level). Areas

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mapped by EPA are both (% minority & % low-income) high enough to rank in the top fifteen

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percent (15%) of block groups. DEM has adopted similar criteria, however, it compared the block

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groups on a state-wide basis instead of a regional basis. In addition, DEM mapped areas where the

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percent of the block group that is minority OR the percent of the block group that is low-income

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(under two (2) times federal poverty level) are high enough to rank in the top fifteen percent (15%)

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of block groups state-wide. The census blocks meeting these criteria established by the DEM in

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SOP Number BEP-AWC-1 shall be designated environmental justice focus areas."

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     (7) "Permit" means any permit, registration, or license issued by the DEM establishing the

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regulatory and management requirements for an ongoing regulated activity as authorized by federal

 

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law or state law.

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     42-17.11-2. List of environmental justice areas.

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     (a) No later than one hundred twenty (120) days after the effective date of this act, the

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department of environmental management shall adopt a list of environmental justice focus areas in

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the state. The department shall update the list of environmental justice focus areas periodically as

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new data becomes available and upon promulgation by the federal government of a new federal

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decennial census.

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     (b) No later than sixty (60) days after an environmental justice focus area is designated

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pursuant to subsection (a) of this section, the governing body of the municipality in which the

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environmental justice focus area is located, in consultation with appropriate community groups,

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shall designate a representative of the environmental justice focus area.

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     42-17.11-3. Permit requirements in an environmental justice focus area.

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     (a) Beginning one hundred eighty (180) days after the effective date of this act, the DEM

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shall not grant a permit for a new facility, or for the expansion of an existing facility, located in

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whole or in part in an environmental justice focus area unless the permit applicant first:

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     (1) Prepares a report assessing the environmental impact of the proposed new facility, or

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expansion of an existing facility, including any cumulative impacts on the environmental justice

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focus area, any adverse environmental effects that cannot be avoided should the permit be granted,

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and the public health impact on the environmental justice focus area of the proposed new facility

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or expansion of an existing facility;

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     (2) Transmits the report required to be prepared pursuant to § 42- 17.11-3(a)(1) at least

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thirty (30) days in advance of the public hearing required pursuant to § 42- 17.11-3(a)(3) to the

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department, the governing body and the clerk of the municipality in which the environmental justice

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focus area is located, and the designated representative of the environmental justice focus area. The

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report shall be made available to the public at least thirty (30) days prior to the public hearing

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required pursuant to § 42- 17.11-3(a)(3);

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     (3) Organizes and conducts a public hearing in a location convenient as much as possible

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to all interested parties. The permit applicant shall publish public notices of the hearing in a

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newspaper with statewide circulation and through the department's website and through a

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newspaper, newsletters and other media that specifically focus on the community near the site not

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less than twenty-one (21) days prior to the hearing. When appropriate, the notices shall be published

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in Spanish, Portuguese or other languages. At least fourteen (14) days prior to the date set for such

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hearing, a copy of the public notice shall be sent to the department, the governing body and the

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clerk of the municipality in which the environmental justice focus area is located, and the

 

LC000608 - Page 3 of 6

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designated representative of the environmental justice focus area. At the public hearing, the permit

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applicant shall provide clear, accurate, and complete information about the proposed new facility

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or expansion of an existing facility and the potential environmental and health impacts of the new

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or expanded facility. The hearing shall provide an opportunity for meaningful public participation

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by residents of the environmental justice focus area. Following the public hearing, the director or

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designee shall consider the testimony presented and evaluate any revisions or conditions to the

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permit that may be necessary to reduce the adverse impact to the public health or to the environment

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in environmental justice focus area.

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     (b) The department shall not issue a decision on the permit application until at least sixty

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(60) days after the public hearing held pursuant to this section. Notwithstanding the provisions of

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any other law, or rule or regulation adopted pursuant thereto, to the contrary, the department may

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deny a permit application in an environmental justice focus area upon a finding that the approval

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of the permit would, together with the cumulative impacts posed by the existing conditions,

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including conditions resulting from permitted activities, in the environmental justice focus area,

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constitute an unreasonable risk to the health of the residents of the environmental justice focus area

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or to the environment in the environmental justice focus area.

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     (c) The department, when evaluating an application for a permit pursuant to this section,

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shall assess the community support for the proposed new facility or expansion of an existing

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facility, as demonstrated through the public hearing conducted pursuant to § 42-17.11-3(a), letters

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of support for, or opposition to, the proposed new or expanded facility, and any ordinance or

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resolution adopted by the governing body of the municipality in which the environmental justice

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focus area is located. The department shall consider community support, or the lack thereof, in its

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decision to grant or deny a permit.

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     (d) If a permit applicant is applying for more than one permit for a proposed new facility

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or expansion of an existing facility, the permit applicant shall only be required to comply with the

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provisions of this section once for the same facility in the same location, unless the department, in

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its discretion, determines that more than one public hearing is necessary due to the complexity of

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the proposed new or expanded facility. Nothing in this section shall be construed to limit the

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authority of the department to hold or require additional public hearings.

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     42-17.11-4. Implementation.

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     (a) The department of environmental management may adopt rules and regulations to

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implement the provisions of this chapter.

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     (b) The department may issue guidance on how to evaluate cumulative impacts pursuant §

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42-17.11-3(a)(1). The department shall publish the guidance document on its website.

 

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     SECTION 2. This act shall take effect upon passage.

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LC000608

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENVIRONMENTAL JUSTICE

ACT

***

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     This act would require the department of environmental management (DEM) to create a

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list of environmental justice areas. Once the list of environmental justice areas is adopted the act

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would establish requirements which would have to be met by an applicant prior to DEM issuing

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permits for a new large electric generating facility, resource recovery facility or sludge combustor

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facility.

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     This act would take effect upon passage.

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