2022 -- S 2712 | |
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LC004792 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO HEALTH AND SAFETY -- ENVIRONMENTAL JUSTICE FOCUS AREAS | |
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Introduced By: Senators Mendes, Calkin, Bell, Anderson, Mack, and Acosta | |
Date Introduced: March 17, 2022 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 19.18 |
4 | ENVIRONMENTAL JUSTICE FOCUS AREAS |
5 | 23-19.18-1. Legislative Findings. |
6 | The general assembly hereby makes the following findings: |
7 | (1) Rising sea levels threaten thousands of Rhode Island coastal residents and millions of |
8 | dollars of coastal property with increased risk of flooding, storm damage, shoreline erosion, |
9 | saltwater intrusion, and wetland loss and the department of environmental management should take |
10 | into consideration the threat of rising sea levels when notifying the public and assessing hazardous |
11 | waste site remediation plans on coastal properties. |
12 | (2) Environmental justice is the fair treatment and meaningful involvement of all people |
13 | regardless of race, color, national origin, English language proficiency, or income with respect to |
14 | the development, implementation, and enforcement of environmental laws, regulations, and |
15 | policies. The department has established this goal for the review of the investigation and |
16 | remediation of properties with actual or suspected contamination in all communities and for all |
17 | persons across this state. That goal will be achieved when everyone enjoys a fair share of |
18 | environmental benefits and the same degree of protection from environmental and health hazards, |
19 | as well as equal access to the decision-making process to help ensure a healthy environment in |
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1 | which to live, learn, and work. |
2 | (3) As properties are investigated and cleaned up, the department should promote public |
3 | participation based on the beliefs that individuals should have a timely, meaningful way to |
4 | participate in decisions that impact them, and that public participation in its best form is an ongoing, |
5 | two (2)-way process that benefits both the public and the agency. |
6 | 23-19.18-2. Definitions. |
7 | As used in this chapter: |
8 | (1) "Coastal zone" means the coastal waters of the state and adjacent lands and other areas |
9 | that are under the regulatory jurisdiction of the coastal resources management council pursuant to |
10 | chapter 23 of title 46 or the federal Coastal Zone Management Act [16 U.S.C. Ch. 33 § 1451 et |
11 | seq.]. |
12 | (2) "Environmental justice focus areas" means areas defined by United States Census block |
13 | groups that are in the highest fifteen percent (15%) of all Census block groups in Rhode Island with |
14 | respect to the percent population identified as racial minorities or the highest fifteen percent (15%) |
15 | of Rhode Island Census block groups with respect to percent population with income identified as |
16 | being twice the federal poverty level or below (utilizing the most recent and readily available data |
17 | from the United States Census Bureau). |
18 | (3) "Performing party” or “parties" means any bona fide prospective purchaser, responsible |
19 | party, voluntary party or any other party (or parties) conducting an investigation of and/or |
20 | remediation at a contaminated site. |
21 | 23-19.18-3. Contaminated site investigation. |
22 | (a) Whenever the director of the department of environmental management requires site |
23 | investigation for any contaminated site located in an environmental justice focus area or in coastal |
24 | zones, the performing party shall: |
25 | (1) Post signs to inform local residents about the project. When deemed appropriate, signs |
26 | will be required to be posted in a language (or languages) other than English. Signs shall be at least |
27 | four feet (4') by six feet (6') in size; posted for at least thirty (30) days minimum and from a date |
28 | one week prior to the initiation of field work for the site investigation to a date at least one week |
29 | following the issuance of either an interim letter of compliance or letter of compliance or other |
30 | official communication from the department that no further action is necessary, or for a twelve (12) |
31 | month maximum period, which shall be maintained in legible condition by the performing party; |
32 | clearly visible from the nearest public highway/road; and include the name/phone number/address |
33 | of an individual from whom any interested person may obtain information about the site or |
34 | remediation and any website address containing such information. |
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1 | (2) Provide public notice at two (2) points during the site investigation. |
2 | (i) Prior to conducting site investigation field activities at a known contaminated site, the |
3 | performing party shall notify all property owners, tenants, easement holders within two thousand |
4 | five hundred feet (2,500') of the site and the municipality that investigation activities are about to |
5 | occur. |
6 | (ii) When the site investigation is deemed complete, the department shall issue a program |
7 | letter confirming that the performing party has adequately assessed the nature and extent of |
8 | contamination at the contaminated site. Prior to the formal department approval of the site |
9 | investigation report (in the form of a remedial decision letter), the performing party shall notify all |
10 | abutting property owners, tenants, easement holders, the municipality, and any community well |
11 | suppliers associated with any well head protection areas which encircle the contaminated site, that |
12 | the investigation is complete and provide them with the findings of the investigation and any |
13 | proposed remedial alternative which includes on-site treatment and/or containment of hazardous |
14 | materials as part of the final remedy. |
15 | (iii) Whenever a site that is known to be contaminated or is suspected of being |
16 | contaminated based upon its past use is considered for possible reuse as the location of a school, |
17 | child care facility, or as a recreational facility for public use that supports existing or proposed |
18 | active recreation, the person proposing such reuse shall, prior to the establishment of a final scope |
19 | of investigation for the site and after the completion of all appropriate inquiries, hold a public |
20 | meeting for the purposes of obtaining information about conditions at the site and the |
21 | environmental history at the site that may be useful in establishing the scope of the investigation of |
22 | the site and/or establishing the objectives for the environmental clean-up of the site. The public |
23 | meeting shall be held in the city or town in which the site is located; public notice shall be given of |
24 | the meeting at least ten (10) business days prior to the meeting; public notice of the meeting shall |
25 | be provided to all abutting property owners, tenants, easement holders and the municipality; the |
26 | public meeting shall be conducted in a manner consistent with the requirements contained in § 23- |
27 | 19.18-5 regarding community meetings; and following the meeting, the record of the meeting shall |
28 | be open for a period of not less than ten (10) and not more than twenty (20) business days for the |
29 | receipt of public comment. The results of all appropriate inquiries, analysis and the public meeting, |
30 | including the comment period, shall be documented in a written report submitted to the department |
31 | in both hard copy and electronic format (as specified by the department) within seventy two (72) |
32 | hours of the meeting. |
33 | (iv) No work (remediation or construction) shall be permitted at the property until the |
34 | public meeting and comment period regarding the site's proposed reuse has closed except where |
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1 | the director determines that such work is necessary to mitigate or prevent: |
2 | (A) An imminent threat to human health, public safety or the environment; or |
3 | (B) Off-site migration of known or suspected contamination. |
4 | (v) The public notice, meeting and comment period required by this section shall be in |
5 | addition to any other requirements for public notice and comment relating to the investigation or |
6 | remedy of the site and may be made part of another meeting pertaining to the site; provided, that |
7 | the minimum standards established by this section for notice and comment are met. Any |
8 | investigation or remediation undertaken prior to the completion of the public comment period shall |
9 | be limited to measures necessary to define and/or mitigate the imminent threat and/or off-site |
10 | migration. |
11 | 23-19.18-4. Fact sheets and enhanced communication. |
12 | For contaminated sites located in environmental justice focus areas, or in coastal zones, the |
13 | performing party shall prepare a site-specific fact sheet presenting the known history of the site, |
14 | the suspected contamination (based on both historical uses and existing environmental |
15 | information), the point in the process where the contaminated site is and the expected path moving |
16 | forward, and the department’s contact information for the site. Draft fact sheets shall be submitted |
17 | to the department in both hard copy and electronic format (as specified by the department) along |
18 | with a proposed communications plan on how to effectively disseminate the information in the |
19 | community around the contaminated site. These materials shall be submitted to the department |
20 | prior to the commencement of the public notice specified in § 23-19.18-3. Information to be |
21 | provided to the community shall include, at a minimum, the final approved site-specific fact sheet |
22 | and informational materials about the department and the department’s site remediation and |
23 | brownfields program, which shall be provided by the department. When appropriate, such materials |
24 | shall be required to be provided in a language (or languages) other than English. After review and |
25 | approval, the performing party shall implement the communications plan. |
26 | 23-19.18-5. Community meetings. |
27 | (a) Whenever requested by fifteen (15) persons, or by a governmental subdivision or |
28 | agency, or by an association having not less than fifteen (15) members, who are either located near |
29 | a contaminated site or are potential users of the contaminated site after redevelopment, an initial |
30 | community meeting shall be held. The request for said community meeting shall be submitted in |
31 | writing to the performing party and the department. The purpose of the meeting is to: |
32 | (1) Disseminate information about the department’s site remediation program and the |
33 | specific contaminated site of interest; |
34 | (2) Document community comments and concerns about the investigation, clean-up, and |
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1 | reuse of the contaminated site; and |
2 | (3) Engage in a dialogue with the public about the contaminated site. |
3 | (b) Community meetings shall be organized by the performing party and will be accessible |
4 | to all participants who wish to attend (considering public transportation and access for the disabled). |
5 | All meetings shall be held at a time and place convenient to all participants. An atmosphere of |
6 | "equal participation" among all involved should be established including, but not limited to, |
7 | avoiding panels, head tables, or auditorium presentations. Translation assistance for non-English |
8 | speakers shall be provided by the performing party when appropriate. |
9 | (c) A written summary of all public meetings shall be submitted to the department in both |
10 | hard copy and electronic format (as specified by the department) by the performing party within |
11 | seventy two (72) hours of the meeting. At a minimum, the written meeting summary shall: |
12 | (1) Identify the main issues of concern to the community, including efforts at the meeting |
13 | to draw out local knowledge about the contaminated site, concerns about the investigation and |
14 | clean-up, and any concerns about the reuse plan; |
15 | (2) Document requests by the community for a continued dialog, including the requested |
16 | form and frequency; and |
17 | (3) Formulate a proposed response to the issues raised through specific, clear action items |
18 | and schedules. |
19 | 23-19.18-6. Public involvement plans. |
20 | The performing party shall develop, and submit to the department for review and approval |
21 | in both hard copy and electronic format (as specified by the department), a site-specific public |
22 | involvement plan for any contaminated site for which the department has received a notification of |
23 | release and for which a minimum of fifteen (15) residents, local officials or other interested parties |
24 | have requested, in writing and in the form of a petition, that a formal process be set up for their |
25 | participation in cleanup planning. The public involvement plan shall address all relevant and |
26 | applicable requirements contained in §§ 23-19.18-3, 23-19.18-4 and 23-19.18-5. |
27 | 23-19.18-7. Release of public comments responses. |
28 | Within ninety (90) days of submission of the completed site investigation, the responses |
29 | by the performing party to substantive public comments shall be made public upon request. |
30 | SECTION 2. This act shall take effect upon passage. |
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LC004792 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- ENVIRONMENTAL JUSTICE FOCUS AREAS | |
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1 | This act would define environmental justice focus areas and coastal zones. It would |
2 | establish procedures for the investigation and remediation of contaminated sites within the coastal |
3 | zones under the direction of the department of environmental management (DEM) with notice |
4 | requirements and increased community participation. |
5 | This act would take effect upon passage. |
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LC004792 | |
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