2021 -- H 5674

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LC001156

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- THE GREEN JUSTICE ZONE

ACT

     Introduced By: Representatives Morales, Henries, Batista, Potter, Cassar, and Kislak

     Date Introduced: February 24, 2021

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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

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

CHAPTER 17.11

THE GREEN JUSTICE ZONE ACT

     42-17.11-1. Short title.

     This act shall be known and may be cited as the "Green Justice Zone Act."

     42-17.11-2. Legislative findings.

     (a) The state has an affirmative duty to ensure that Rhode Islanders have clean air and clean

water.

     (b) Many communities in the state do not have clean air and clean water, creating a

widespread and severe public health crisis. This act will establish the first green justice zone, a

model which may be replicated in future years to ensure that all communities throughout the state

have clean air and clean water.

     42-17.11-3. Definitions.

     As used in this chapter:

     (1) "Additional environmental remediation project" means the item in the list of available

environmental remediation projects which received fewer votes than the selected environmental

remediation project, but more votes than every other item in the list of available environmental

remediation projects, during the most recent environmental justice referendum.

     (2) "Available environmental remediation projects" means the list of environmental

remediation projects enumerated in § 42-17.11-17.

     (3) "Board" means the board of the green justice zone.

     (4) "Census block group" means a geographic region identified as and referred to as a

"census block group" by the U.S. Census Bureau in the 2010 census.

     (5) "Census tract" means a geographic region identified as and referred to as a "census

tract" by the U.S. Census Bureau in the 2010 census.

     (6) "Chemical manufacturing plant" means a facility that produces or processes chemicals

for wholesale or retail distribution.

     (7) "Chemical storage facility" means a facility that stores chemicals which are intended

for wholesale or retail distribution.

     (8) "Community meetings" means the series of community meetings described in § 42-

17.11-18.

     (9) "Employment administrator" means the employment administrator appointed by the

board, as provided in § 42-17.11-11.

     (10) "Environmental justice referendum" means the referendum described in § 42-17.11-

19.

     (11) "Environmental remediation workers" means workers who work on the selected

environmental remediation project or the additional environmental remediation project within the

green justice zone, including employees, contractors, and subcontractors.

     (12) "Fossil fuel storage facility" means a facility that stores fossil fuel for wholesale

distribution.

     (13) "Green justice zone" means the special district encompassing the geographic area

specified in § 42-17.11-4.

     (14) "Green justice zone permit" means the permit created in § 42-17.11-12.

     (15) "Green justice zone permit applicant" means any corporation, business, firm,

partnership, or individual who has submitted a green justice zone permit application.

     (16) "Green justice zone permit application" means the application to receive a green

justice zone permit, as described in § 42-17.11-13.

     (17) "Industrial facility" means any land, any building or other improvement, and all real

and personal property which is designed to be used or routinely is used for industrial,

manufacturing, wholesale commercial product distribution, wholesale commercial product

transportation, wholesale commercial product storage, or wholesale commercial product

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warehousing purposes. Any residential building including, but not limited to, a condominium, a

single family housing unit, a multifamily housing unit, an apartment complex, a public housing

project, and a residential shelter shall not be considered to be an industrial facility for the purposes

of this chapter. Any building with the primary purpose or use of providing medical treatment, health

care, medicine, pharmaceutical drugs, physical therapy, massage therapy, psychiatry, or

psychotherapy to patients shall not be considered to be an industrial facility for the purposes of this

chapter. Any educational facility, including a school, university, tutoring center, or continuing

education center shall not be considered to be an industrial facility for the purposes of this chapter.

Any gym, recreational center, park, museum, gallery, or library shall not be considered to be an

industrial facility for the purposes of this chapter. Any retail store shall not be considered to be an

industrial facility for the purposes of this chapter. Any restaurant, grocery store, convenience store,

food pantry, or gas station shall not be considered to be an industrial facility for the purpose of this

chapter. Any place of religious worship or observance including, but not limited to, a mosque,

synagogue, temple, or church shall not be considered to be an industrial facility for the purpose of

this chapter. Any building designed for the purpose of transporting, shipping, or receiving solar

panels, solar panel components, wind turbines, wind turbine components, electric rechargeable

batteries, electric rechargeable battery components, or any other item or product related to

renewable energy production or storage shall not be considered to be an industrial facility for the

purpose of this chapter. Any land, any building or other improvement, and all real and personal

property shall be considered to be an industrial facility if it is used as:

     (i) An electric power plant that produces electricity by combusting any fossil fuel;

     (ii) A waste storage facility;

     (iii) A toxic material storage facility;

     (iv) A fossil fuel storage facility, excluding gas stations which sell gas only at the retail

level for use in automobiles, and excluding facilities that store fossil fuels that are used exclusively

for transporting wholesale goods, including, but not limited to, into the port of Providence and out

of the port of Providence;

     (v) A fossil fuel production facility;

     (vi) A fossil fuel refinery;

     (vii) A chemical manufacturing plant;

     (viii) A chemical storage facility;

     (ix) A commercial manufacturing facility;

     (x) A scrap metal storage facility;

     (xi) A scrap metal processing facility;

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     (xii) A cement, concrete, or asphalt storage facility;

     (xiii) A cement, concrete, or asphalt processing facility;

     (xiv) A cement, concrete, or asphalt production facility;

     (xv) An incinerator, including, but not limited to, a medical waste incinerator;

     (xvi) A resource recovery facility;

     (xvii) A combustor;

     (xviii) A transfer station or other solid waste facility;

     (xviv) A landfill, including, but not limited to, a landfill that accepts ash, construction

debris, demolition debris, or solid waste; or

     (xvv) A recycling facility capable of receiving twenty (20) tons or more of recyclable

material per day.

     (18) "Office of employee benefits" means the office of employee benefits of the state of

Rhode Island.

     (19) "Selected environmental remediation project" means the item in the list of available

environmental remediation projects which received the most votes during the most recent

environmental justice referendum.

     (20) "Treasurer" means the treasurer appointed by the board, as provided in § 42-17.11-11.

     (21) "Zone resident" means any registered voter living within the green justice zone.

     42-17.11-4. Establishment of the green justice zone.

     (a) There is hereby created a special district to be known as the green justice zone.

     (b) The area encompassed by the following census block groups from the 2010 census, and

no others, shall collectively constitute the green justice zone:

     (1) Census Tract 1.01, Block Group 1, Providence County, Rhode Island;

     (2) Census Tract 1.01, Block Group 2, Providence County, Rhode Island;

     (3) Census Tract 1.01, Block Group 3, Providence County, Rhode Island;

     (4) Census Tract 1.01, Block Group 4, Providence County, Rhode Island;

     (5) Census Tract 1.02, Block Group 1, Providence County, Rhode Island;

     (6) Census Tract 1.02, Block Group 2, Providence County, Rhode Island;

     (7) Census Tract 1.02, Block Group 3, Providence County, Rhode Island;

     (8) Census Tract 4, Block Group 1, Providence County, Rhode Island;

     (9) Census Tract 4, Block Group 2, Providence County, Rhode Island;

     (10) Census Tract 4, Block Group 3, Providence County, Rhode Island;

     (11) Census Tract 4, Block Group 4, Providence County, Rhode Island;

     (12) Census Tract 5, Block Group 1, Providence County, Rhode Island;

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     (13) Census Tract 5, Block Group 2, Providence County, Rhode Island;

     (14) Census Tract 5, Block Group 3, Providence County, Rhode Island;

     (15) Census Tract 6, Block Group 1, Providence County, Rhode Island;

     (16) Census Tract 6, Block Group 2, Providence County, Rhode Island;

     (17) Census Tract 7, Block Group 1, Providence County, Rhode Island;

     (18) Census Tract 7, Block Group 2, Providence County, Rhode Island; and

     (19) Census Tract 7, Block Group 3, Providence County, Rhode Island.

     42-17.11-5. Green Justice Zone board.

     (a) The board of the green justice zone shall consist of five (5) board members.

     (b) All functions, services, and duties of the green justice zone shall be carried out by the

board, including:

     (1) With regard to the operations, maintenance, and management of the green justice zone

program; and

     (2) With regard to the employees employed to complete work related to the green justice

zone program.

     (c) Three (3) members of the board shall constitute a quorum and a vote of three (3)

members shall be necessary for any action taken by the board.

     (d) All meetings of the board shall be subject to chapter 46 of title 42 (the "open meetings

act").

     42-17.11-6. Election of the green justice zone board.

     (a) Five (5) months after the enactment of this chapter, and every two (2) years thereafter,

there shall be an election by ballot, organized by the secretary of state, to elect the board of the

green justice zone. The five (5) candidates who receive the highest number of votes in an election

shall be elected to the board.

     (b) All registered voters who reside within the green justice zone shall be eligible to vote

in an election to elect the board of the green justice zone.

     (c) Only registered voters who reside within the green justice zone shall be eligible to vote

in an election to elect the board of the green justice zone.

     (d) No individual shall be eligible to be a board member of the green justice zone unless

they have been a resident of the green justice zone for the past five (5) years, continuously.

     (e) A board member of the green justice zone shall, at all times, be a resident of the green

justice zone for the entirety of the time that they serve as a board member.

     (f) Board members shall receive an annual salary equivalent to one hundred forty percent

(140%) of the statewide per capita income as determined by the U.S. Census Bureau.

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     (g) The board shall ensure that each board member receives health insurance and dental

insurance.

     42-17.11-7. Appointment of employees.

     (a) The board shall appoint an employment administrator who shall be the appointing

authority for all employees of the board.

     (b) The employment administrator may hire employees and contractors to carry out tasks

pertaining to the mission, purpose, and duties of the green justice zone or to perform administrative

or custodial tasks for the green justice zone. The employment administrator may dismiss employees

and contractors.

     (c) The board may dismiss an employment administrator at any time and for any lawful

reason.

     (d) The employment administrator shall make all feasible, appropriate, and lawful efforts

to ensure diversity among the employees of the board, including with regard to race, color, national

origin, religion, sex, sexual orientation, gender identity or expression, marital status, military status

as a veteran with an honorable discharge or an honorable or general administrative discharge,

service member in the armed forces, country of ancestral origin, disability, age, housing status,

familial status, or immigration status.

     42-17.11-8. Compensation of employees.

     The employment administrator shall determine annual compensation and benefits for all

employees, contractors, and subcontractors of the board; provided that, no employee, contractor,

or subcontractor earns less than one hundred forty percent (140%) of the statewide per capita

income as determined by the U.S. Census Bureau; and provided that, every employee shall receive

health insurance, dental insurance, at least two (2) weeks of paid vacation time, and at least one

paid sick day off of work for every twenty (20) days in which they work more than six (6) hours.

     42-17.11-9. Powers of the board.

     The board shall have the authority to enter contracts, hire employees, hire contractors,

promulgate rules and regulations, levy fines, adjudicate administrative cases, or take any other

lawful action in order to achieve any purpose of the green justice zone program. The board may

delegate these powers.

     42-17.11-10. Offices of the department.

     The department of administration shall furnish the board with offices in which to transact

its business and keep its records. The offices shall be open for business each day of the year, except

Sundays and legal holidays, during such hours as may be prescribed by the board. The department

of administration shall make all feasible and appropriate efforts to ensure that the offices furnished

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to the board are within the green justice zone, as defined by § 42-17.11-4.

     42-17.11-11. Receipt and use of funds.

     (a) The board shall have the authority to receive and expend monies from any sources,

public or private, including, but not limited to, legislative enactments, bond issues, devises, grants,

or bequests. The board is authorized to enter into any contracts necessary to obtain and expend

those funds.

     (b) The board shall appoint a treasurer to receive and expend monies, and to enter into any

contracts necessary to obtain and expend funds. The treasurer shall be a full-time employee.

     (c) The board may dismiss a treasurer at any time and for any lawful reason.

     42-17.11-12. Creation of green justice zone permits.

     (a) There is hereby created a new license called a green justice zone permit.

     (b) The board, and no other body, shall have the power to issue a green justice zone permit.

The board may not delegate the power to issue a green justice zone permit.

     42-17.11-13. Creation of green justice zone permit application.

     (a) The board shall create an application, called a green justice zone permit application,

with which corporations, businesses, firms, partnerships, or individuals may apply for a green

justice zone permit.

     (b) The green justice zone permit application shall require green justice zone permit

applicants to:

     (1) Provide the name of the corporation, business, firm, partnership, or individual

submitting the green justice zone permit application;

     (2) Specify the industrial facility for which the green justice zone permit applicant seeks a

green justice zone permit;

     (3) Specify the commercial purpose of the industrial facility; and

     (4) Provide the full address of the industrial facility.

     (c) The green justice zone permit application shall be easily and conveniently accessible to

corporations, businesses, firms, partnerships, or individuals who own industrial facilities within the

green justice zone.

     (d) The board shall create a system through which a green justice zone permit application

can be submitted.

     (e) A green justice zone permit application which has been submitted to the board shall be

made publicly accessible on the website of the board no later than fourteen (14) calendar days after

the board receives the green justice zone permit application.

     42-17.11-14. Requirement to possess a green justice zone permit.

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     After December 1, 2022, in the calendar year of 2022, it shall be illegal to operate any

industrial facility within the green justice zone unless that industrial facility has been granted a

green justice zone permit.

     42-17.11-15. Approval and denial of green justice zone permits.

     (a) The board shall not grant a green justice zone permit for any industrial facility that is

used as:

     (1) An electric power plant that produces electricity by combusting any fossil fuel;

     (2) A waste storage facility;

     (3) A toxic material storage facility;

     (4) A fossil fuel storage facility, excluding gas stations which sell gas only at the retail

level for use in automobiles and excluding sites that store fossil fuels that are used exclusively for

transporting goods or other items into the port of Providence or out of the port of Providence;

     (5) A fossil fuel production facility;

     (6) A fossil fuel refinery;

     (7) A chemical manufacturing plant;

     (8) A chemical storage facility;

     (9) A commercial manufacturing facility;

     (10) A scrap metal storage facility;

     (11) A scrap metal processing facility;

     (12) A cement, concrete, or asphalt storage facility;

     (13) A cement, concrete, or asphalt processing facility;

     (14) A cement, concrete, or asphalt production facility;

     (15) An incinerator, including, but not limited to, a medical waste incinerator;

     (16) A resource recovery facility;

     (17) A combustor;

     (18) A transfer station or other solid waste facility;

     (19) A landfill, including, but not limited to, a landfill that accepts ash, construction debris,

demolition debris, or solid waste;

     (20) A scrap metal recycling facility capable of receiving five (5) tons or more of recyclable

material per day; or

     (21) A wood recycling facility capable of receiving five (5) tons or more of recyclable

material per day.

     (b) The board shall grant a green justice zone permit for any industrial facility with a

purpose or type not enumerated in § 42-17.11-15(a), within forty five (45) days of receiving the

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green justice zone permit application.

     42-17.11-16. Fines and Penalties.

     (a) Every individual day in which any corporation, business, firm, partnership, or

individual operates an industrial facility which has not received a green justice zone permit in the

green justice zone, in violation of § 42-17.11-14, shall count as an environmental justice violation.

     (b) The board shall fine any corporation, business, firm, partnership, or individual one

million dollars ($1,000,000) for each environmental justice violation, no later than ten (10) days

from the day on which the environmental justice violation occurred. The entirety of the money

collected from these fines shall be held in a restricted funds account to be used exclusively by the

treasurer for the selected environmental remediation project or the additional environmental

remediation project.

     42-17.11-17. Available environmental remediation projects within the green justice

zone.

     The following items constitute the full and complete list of available environmental

remediation projects:

     (1) Improving ventilation and air filtration in residential homes and residential buildings

within the green justice zone;

     (2) Installing photovoltaic solar panels on residential homes and residential buildings

within the green justice zone;

     (3) Retrofitting residential homes and residential buildings within the green justice zone to

improve their energy efficiency;

     (4) Replacing lead service pipes connected to residential homes and residential buildings

within the green justice zone;

     (5) Lead abatement in soil or paint within the green justice zone;

     (6) Cleaning up pollution within the green justice zone; and

     (7) Cultivating public green spaces within the green justice zone.

     42-17.11-18. Community meetings and discussion.

     (a) Between the enactment of this chapter and the zone referendum, the board shall

organize no fewer than six (6) community meetings in which zone residents shall have the

opportunity to discuss the zone referendum and the relative merits of different options within the

available environmental remediation projects. The final community meeting must take place within

eight (8) months of the enactment of this chapter.

     (b) The board shall provide a clean, well-lit venue easily accessible to zone residents for

the community meetings. The treasurer shall pay the full and complete cost of securing the venue,

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as well as any reasonable transportation expenses incurred by zone residents traveling to the venue.

     (c) The board shall ensure that each community meeting has at least one translator capable

of translating between English and any other language spoken by at least ten percent (10%) of the

Rhode Island population, as determined by the U.S. Census Bureau. The translator shall receive an

hourly wage that is not less than the quotient of one divided by one thousand nine hundred twenty

(1/1,920), multiplied by one hundred forty percent (140%) of the statewide per capita income, as

calculated by the U.S. Census Bureau, and not more than the quotient of one divided by one

thousand nine hundred twenty (1/1,920), multiplied by one hundred and eighty percent (180%) of

the statewide per capita income, as calculated by the U.S. Census Bureau. The treasurer shall pay

the full and complete cost of the translator's fee.

     (d) Zone residents shall not be charged for any costs related to organizing a community

meeting.

     (e) Zone residents shall receive no less than twenty dollars ($20.00) and no more than

twenty-five dollars ($25.00) for each hour that they spend attending a community meeting.

     (f) The board shall ensure that each community meeting includes nutritious food and clean

drinking water, freely available to all zone residents in attendance at the community meeting.

     42-17.11-19. Environmental justice referendum.

     (a) The secretary of state shall organize and conduct a referendum by ballot, which shall

be known as the environmental justice referendum, to take place fourteen (14) days after the final

community meeting.

     (b) Zone residents shall be permitted to cast an in-person ballot, cast an absentee ballot, or

cast a mail-in ballot in the environmental justice referendum, and shall not be required to provide

a reason for casting an in-person ballot, casting an absentee ballot, or casting a mail-in ballot.

     (c) Only zone residents shall be eligible to vote in the environmental justice referendum.

     (d) The environmental justice referendum ballot shall present the full list of available

environmental remediation projects from which each voter shall select only one.

     (e) The total number of votes earned by each item on the list of available environmental

remediation projects during the referendum shall be made publicly available within ten (10) days

of the environmental justice referendum.

     42-17.11-20. Implementation of environmental remediation projects.

     (a) The selected environmental remediation project shall be implemented by the board as

promptly as possible after the environmental justice referendum.

     (b) The treasurer shall pay the complete costs of completing the selected environmental

remediation project and, if applicable, the additional environmental remediation project.

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     (c) If, after fully completing the selected environmental remediation project, the treasurer

has remaining funds earmarked for the green justice zone program, the treasurer shall use the

remaining funds to implement or partially implement the additional environmental remediation

project. None of the environmental remediation projects enumerated in §§ 42-17.11-17(a)(1)

through 42-17.11-17(a)(4), inclusive, shall be considered complete unless they have been offered

to every residential home owner and every residential building owner within the green justice zone.

     (d) In order to implement the selected environmental remediation project or the additional

environmental remediation project, the employment administrator may hire environmental

remediation workers.

     42-17.11-21. Labor standards.

     (a) The employment administrator shall ensure that all environmental remediation workers,

including contractors, subcontractors, and employees of the board, receive an hourly wage that is

not less than the equivalent of one divided by one thousand nine hundred twenty (1/1,920),

multiplied by one hundred forty percent (140%) of the statewide per capita income, as calculated

by the U.S. Census Bureau, and not more than the equivalent of one divided by one thousand nine

hundred twenty (1/1,920), multiplied by one hundred eighty percent (180%) of the statewide per

capita income, as calculated by the U.S. Census Bureau.

     (b) The employment administrator shall ensure that all environmental remediation workers

receive health insurance, dental insurance, and at least one paid sick day off of work for every

twenty (20) days in which they work more than four (4) hours.

     (c) The board must provide all environmental remediation workers with at least one total

hour of paid time off each day, provided that the environmental remediation worker is working

more than five (5) hours in that day. The one hour may be divided into separate segments.

     (d) The employment administrator shall establish a detailed and generous worker

compensation plan to fairly compensate all environmental remediation workers who are injured

while working; provided that, they were injured while engaging in activities that they could be

reasonably expected to engage in, in furtherance of the work that they were hired by the

employment administrator to complete. The worker compensation plan shall apply identically to

employees of the board, contractors, and subcontractors.

     42-17.11-22. Employment prioritization.

     (a) When hiring employees, hiring contractors, awarding contracts, designing project labor

agreements, promulgating rules and regulations, and enforcing rules and regulations, the housing

jobs department shall:

     (1) Prioritize, to the greatest extent feasible, lawful, and appropriate, in the judgment of the

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board, providing employment to workers who are enrolled in or who were enrolled in the just

transition program administered by the department of labor and training, pursuant to § 42-16.1-21;

     (2) Prioritize, to the greatest extent feasible, lawful, and appropriate, in the judgment of the

board, hiring individuals who are zone residents; and

     (3) Maximize, to the greatest extent feasible, lawful, and appropriate, racial and gender

equity within the hiring processes for projects involving the green justice zone program.

     (b) Contractors, subcontractors, firms, corporations, partnerships, and all other entities

working under contract with the board shall, at all times, make good faith efforts to promote

workforce diversity for projects involving the green justice zone program, including with regard to

race and gender. If the board determines that a contractor, subcontractor, firm, corporation,

partnership, or other entity is not making good faith efforts to achieve workforce diversity, the

director may prohibit that entity from bidding on contracts or being awarded contracts involving

the green justice zone program for two (2) years.

     42-17.11-23. Consent required.

     The board shall not perform any environmental remediation project on a residential home

without that homeowner's informed consent, nor shall the board change or modify a residential

home, install anything on a residential home, or remove anything from a residential home as part

of an environmental remediation project without obtaining the homeowner's informed consent.

     42-17.11-24. Severability.

     (a) If any provision of this chapter is held invalid, the remainder of this chapter shall not

be affected thereby.

     (b) If the application of any provision of this chapter to any person or circumstance is held

invalid, the application of such provision to other persons or circumstances shall not be affected

thereby.

     SECTION 2. Sections 23-23-2, 23-23-3, 23-23-5, 23-23-5.2, 23-23-14 and 23-23-15 of the

General Laws in Chapter 23-23 entitled "Air Pollution" are hereby amended to read as follows:

     23-23-2. Declaration of policy.

     It is declared to be the public policy in the state of Rhode Island to preserve, protect, and

improve the air resources of the state to promote the public health, welfare, and safety, to prevent

injury or detriment to human, plant, and animal life, physical property and other resources, and to

foster the comfort and convenience of the state's inhabitants. The director is authorized to exercise

all powers, direct or incidental, necessary to improve the air quality and reduce airborne pollution,

including to carry out the purposes of this chapter to assure that the state of Rhode Island complies

with and exceeds the requirements of the federal Clean Air Act, 42 U.S.C. § 7401 et seq., and

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retains maximum control under this chapter, and receives all desired federal grants, aid, and other

benefits.

     23-23-3. Definitions.

     As used in this chapter, the following terms shall, where the context permits, be construed

as follows:

     (1) "Air contaminant" means soot, cinders, ashes, any dust, fumes, gas, mist, smoke, vapor,

odor, toxic or radioactive material, particulate matter, or any combination of these.

     (2) "Air pollution" means presence in the outdoor atmosphere of one or more air

contaminants in sufficient quantities that either alone or in connection with other emissions by

reason of their concentration and duration, may be injurious to human, plant, or animal life or cause

damage to property or unreasonably interfere with the enjoyment of life and property.

     (3) "Chemical manufacturing plant" means a facility that produces or processes chemicals

for wholesale or retail distribution.

     (4) "Chemical storage facility" means a facility that stores chemicals which are intended

for wholesale or retail distribution.

     (5) "Director" means the director of environmental management or any subordinate or

subordinates to whom he or she has delegated the powers and duties vested in him or her by this

chapter.

     (4)(6) "Extremely toxic air contaminant" means any air contaminant that has been

classified as a potential carcinogen by the International Agency for Research on Cancer (IARC),

Environmental Protection Agency (EPA), Occupational Safety and Health Administration

(OSHA), National Institute of Occupational Safety and Health (NIOSH), American Conference of

Governmental Industrial Hygienists (ACGIH), or the National Toxicology Program (NTP); or any

air contaminant that induces mutagenic or teratogenic effects; or any air contaminant that, when

inhaled, has caused significant chronic adverse effects in test animals; or any air contaminant

having an acute toxicity of:

     (i) LD50 (oral) less than 500mg/kg;

     (ii) LD50 (inhalation) less than 2000ppm; or

     (iii) LD50 (dermal) less than 1000mg/kg;

     and/or has been adopted by the director pursuant to the provisions of chapter 35 of title 42.

In addition to the above, it may also include any hazardous air pollutant as defined in § 112(b) of

the federal Clean Air Act, 42 U.S.C. § 7412(b).

     (7) "Fossil fuel storage facility" means a facility that stores fossil fuel for wholesale

distribution.

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     (8) "Fossil fuel" means fuel composed of or derived from coal, petroleum, oil, natural gas,

oil shales, bitumen, or tar sands.

     (5)(9) "Motor vehicle" means every vehicle that is self-propelled and every vehicle that is

propelled by electric power obtained from overhead trolley wires, but not operated upon rails,

except vehicles moved exclusively by human power and motorized wheelchairs.

     (6)(10) "Open fire" means any fire from which the products of combustion are emitted

directly into the open air without passing through a stack or chimney.

     (7)(11) "Person" means an individual, trust, firm, joint stock company, corporation

(including a quasi-governmental corporation), partnership, association, syndicate, municipality,

municipal or state agency, fire district, club, non-profit agency or any subdivision, commission,

department, bureau, agency, or department of state or federal government (including quasi-

government corporation), or of any interstate body.

     (12) "Polluting facility" means:

     (i) An electric power plant that produces electricity by combusting any fossil fuel;

     (ii) A waste storage facility;

     (iii) A toxic material storage facility;

     (iv) A fossil fuel storage facility, excluding gas stations which sell gas only at the retail

level for use in automobiles and excluding sites that store fossil fuels that are used exclusively for

transporting goods or other items into the port of Providence or out of the port of Providence;

     (v) A fossil fuel production facility;

     (vi) A fossil fuel refinery;

     (vii) A chemical manufacturing plant;

     (viii) A chemical storage facility;

     (ix) A commercial manufacturing facility;

     (x) A scrap metal storage facility;

     (xi) A scrap metal processing facility;

     (xii) A cement, concrete, or asphalt storage facility;

     (xiii) A cement, concrete, or asphalt processing facility;

     (xiv) A cement, concrete, or asphalt production facility;

     (xv) An incinerator, including, but not limited to, a medical waste incinerator;

     (xvi) A resource recovery facility;

     (xvii) A combustor;

     (xviii) A transfer station or other solid waste facility;

     (xix) A landfill, including, but not limited to, a landfill that accepts ash, construction debris,

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demolition debris, or solid waste;

     (xx) A scrap metal recycling facility capable of receiving five (5) tons or more of recyclable

material per day; or

     (xxi) A wood recycling facility capable of receiving five (5) tons or more of recyclable

material per day.

     (8)(13) "Manufactured, unwashed sand" means product resulting from the mechanical

crushing of rock, boulders, or large cobblestones that has a gradation of fifty percent (50%) or more

of coarse fraction passing the No. 4 sieve as referenced in the Standard Practice for Classification

of Soils for Engineering Purposes (Unified Soil Classification System) and American Society of

Testing and Materials Designations D-2487-06 which has not been subject to a mechanical process

(using water) that is designed to substantially remove fine fractions passing the No. 200 sieve.

     23-23-5. Powers and duties of the director.

     In addition to the other powers and duties granted in this chapter, the director shall have

and may exercise the following powers and duties:

     (1) To exercise general supervision of the administration and enforcement of this chapter

and all rules and regulations and orders promulgated under this chapter;

     (2) To develop comprehensive programs, for the prevention, control, and abatement of new

or existing pollution of the air resources of this state on the basis of air quality standards adopted

by the environmental standards board;

     (3) To advise, consult, and cooperate with the cities and towns and other agencies of the

state, federal government, and other states and interstate agencies, and with effective groups in

industries in furthering the purposes of this chapter;

     (4) To promulgate standards of air quality adopted by the environmental standards board;

     (5) To hold hearings, to issue notices of hearings and subpoenas requiring the attendance

of witnesses and the production of evidence, and to administer oaths and to take testimony as he or

she may deem necessary;

     (6) To encourage and conduct studies and research on air pollution and to collect and

disseminate this information;

     (7) To enter at all reasonable times in or upon any private or public property, except private

residences, and to detain and inspect any motor vehicle for the purpose of inspecting or

investigating any condition which the director shall believe to be either an air pollution source or

in violation of any of the rules or regulations or orders promulgated under this chapter;

     (8) To issue, modify, amend, or revoke any orders prohibiting or abating air pollution in

accordance with the purposes of this chapter and the rules and regulations promulgated under this

LC001156 - Page 15 of 38

chapter. In making the orders authorized by this chapter, the director shall consider all relevant

factors including, but not limited to, population density, air pollution levels, and the character and

degree of injury to health or physical property;

     (9) To accept, receive, and administer grants or other funds or gifts for the purpose of

carrying out any of the functions of this chapter including any moneys given under any federal law

to the state for air pollution control activities, surveys, or programs;

     (10) To require the prior submission and approval of plans, specifications, and other data

relative to the construction, installation, and modification of air pollution control systems, devices,

or any of its parts, and to inspect the installations, maintenance and modifications to insure

compliance with the approved plans and to require approval to operate the system;

     (11) To require the prior submission and approval of plans, specifications, and other data

relative to the construction, installation, maintenance or modification of any machine, equipment,

device, article, or facility capable of becoming a source of air pollution, subject to the promulgation

of rules and regulations under this chapter defining the classes and types of machines, equipment,

devices, articles, or facilities subject to this approval;

     (12) To make, issue, and amend rules and regulations consistent with this chapter for the

prevention, control, abatement, and limitation of air pollution, and the enforcement of orders issued

under this chapter. Those rules and regulations for the control of pollution need not be uniform

throughout the state. The director may prohibit emissions, discharges and/or releases from specific

persons, machines, facilities, devices, or any other sources of air contaminants and may also require

specific control technology. In addition, the director may regulate the emission characteristics of

all fuels used by stationary and mobile sources of air contaminants, provided, the specific control

technology and regulations emission characteristics of fuels shall not be more less stringent than

the mandatory standards established by federal law or regulation, unless it can be shown that the

control technology and emission characteristics of fuels are needed for the attainment or

maintenance of air quality standards. Variations of the standards may be based on considerations

of population density, meteorological conditions, contaminant emissions, air quality, land

development plans, and any other factors that may be relevant to the protection of the air resources

of the state;

     (13) To consult the board on the policies and plans for the control and prevention of air

pollution; The director may regulate the emission characteristics of all fuels used by mobile sources

of air contaminants, provided that those regulations are consistent with the federal law and federal

regulation. Variations of the standards may be based on considerations of population density,

meteorological conditions, contaminant emissions, air quality, land development plans, and any

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other factors that may be relevant to the protection of the air resources of the state;

     (14) To exercise all incidental powers necessary to carry out the purposes of this chapter;

     (15) To require that an approval to operate be obtained for any machine, equipment, device,

article, or facility, or any source which is emitting any extremely toxic air contaminant of any air

contaminant, subject to the promulgation of rules and regulations under this chapter defining the

categories and capacities of machines, equipment, devices, articles, or facilities subject to this

permission. Such regulations need not be uniform across the state. Any approval issued may set

forth inspection, monitoring, compliance certification and reporting requirements to assure

compliance with approval terms and conditions;

     (16) To require any person who owns or operates any machine, equipment, device, article,

or facility which has the potential to emit any air contaminant, or which is emitting any extremely

toxic air contaminant, to install, maintain, and use air pollution emission monitoring devices and to

submit periodic reports on the nature and amounts of air contaminant emission from the machine,

equipment, device, article, or facility;

     (17) To require, as a condition, to the grant of any approval, license, or permit required by

this chapter, that the person applying for an approval, license, or permit, first pay to the director a

reasonable fee based on the costs of reviewing and acting upon the application and based on the

costs of implementing and enforcing the terms of the approval, license, or permit;

     (18) In addition, the director shall collect an annual operating fee from sources subject to

the requirements of an approval to operate under this chapter and subject to the requirements of

title V of the Clean Air Amendments of 1990, 42 U.S.C. § 7661 et seq. The fee shall be calculated

by the director on a weight basis for pollutants actually emitted, after controls. This operating fee

shall be determined by regulation and shall be consistent with the fee required under 42 U.S.C. §

7661a(b)(3)(B). The operating fees collected shall not be in excess of the amount needed to cover

all reasonable (direct and indirect) costs required to develop and administer an operating permit

program pursuant to the requirements of title V, of the Clean Air Act amendments of 1990;

     (19) No person shall operate any machine, facility, or device which is subject to approval

or permit by the department without an approval or permit of the department. No source may

operate after an approval or permit has been denied. Any approval or permit issued under this

section may be suspended, revoked or amended by the director at any time upon a showing, after

notice and hearing, that the permittee has failed to comply with the provisions of this chapter, rules

and regulations promulgated by the director pursuant to this chapter, or the terms and conditions of

the approval or permit, or upon a showing, after notice and hearing, that the continued operation of

the approved or permitted source constitutes a threat to the health and safety of the public or to the

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environment. In any proceeding for revocation, suspension, or amendment of an approval or permit

pursuant to this subsection, the director will provide the affected party with the opportunity for an

adequate hearing. No revocation, annulment, or withdrawal of any approval or permit is lawful

unless, the agency sent notice by mail to the permittee or possessor of an approval of the facts or

conduct or violation which warrant the action, and the permittee or possessor of an approval is

given an opportunity at hearing to show compliance with all lawful requirements for the retention

of the license. If the agency finds that public health, safety, or welfare imperatively requires

emergency action, and incorporates a finding to that effect in its order, summary suspension of

approval or permit may be ordered pending proceedings for revocation or other action. These

proceedings shall be promptly instituted and determined;

     (20) No approval or permit required under this chapter shall be issued by the director if the

approval or permit contains provisions that are determined by the administrator of the

Environmental Protection Agency not to be in compliance with the requirements of the federal

Clean Air Act (42 U.S.C § 7401 et seq.). The administrator of the EPA shall provide a statement

of the reasons for the objection to the director. A copy of the objection and statement shall be

provided to the applicant. The director shall withhold the issuance of the approval or permit until

the applicant has successfully satisfied the concerns of the administrator of EPA or his or her

designee;

     (21) The department may establish a small business stationary source technical and

environmental compliance assistance program. The department may use general revenue funding

to cover the cost of administering this program. The department shall have the power to give grants,

and conduct educational and/or outreach programs;

     (22) To promulgate regulations to apply at the earliest to the 1993 model year and beyond,

relating to emission standards for new motor vehicles and new motor vehicle engines, warranties

for motor vehicles and motor vehicle parts, recall of motor vehicles, accreditation of motor vehicle

parts, and any other matters relating to the enforcement of these regulations, provided, the

regulations so promulgated shall not be more stringent than the mandatory standards established

by federal law or regulation, unless the regulations are needed for the attainment or maintenance

of air quality standards;

     (23) Nothing in this section shall allow the department to administer an inspection and

maintenance program for automobiles without approval of the general assembly;

     (24) In addition to the powers and duties enumerated in this section, the director shall have

all appropriate power to adopt rules, regulations, procedures, programs, and standards as mandated

by the authorization of the federal Clean Air Act, 42 U.S.C. § 7401 et seq.

LC001156 - Page 18 of 38

     23-23-5.2. Mandamus.

     In the event that the director shall fail to issue the permit or deny the license then the

applicant or other interested person may petition the superior court to issue its writ of mandamus

ordering the director or some suitable person to immediately issue the license or denial. In the event

that the director shall fail to revoke a license or permit, then any interested person may petition the

superior court to issue a writ of mandamus ordering the director or some suitable person to

immediately revoke the license.

     23-23-14. Penalties.

     (a) Any Except as provided in subsection (f) of this section, any person who shall violate

an order of the director or any rule, regulation, or other program requirement, or permit, or approval,

or any of the prohibitions of this chapter shall be punished by an administrative or civil penalty of

not more than ten thousand dollars ($10,000) and every person shall be deemed guilty of a separate

and distinct offense for each day during which the violation shall be repeated or continued.

     (b) The director or any agent or employee of the director or any person or his or her agent

who shall, except in the enforcement of this chapter or in the performance of official duties under

this chapter, disclose any information relating to secret processes or methods of manufacture or

production obtained in the course of inspecting or investigating any source or alleged source of air

pollution, or who shall violate § 23-23-13 shall be guilty of a misdemeanor and shall be punished

by a fine not exceeding five hundred dollars ($500).

     (c) Any person obstructing, hindering, or in any way causing to be obstructed or hindered,

the director or any agent or employee of the director in the performance of their duties or who shall

refuse to permit the director or any of his or her agents entrance into any premises, buildings, or

other places belonging to or controlled by that person in the performance of his or her duties, or

who shall refuse to furnish the information requested or to make a test provided for in this chapter

shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500).

     (d) Any person convicted under the provisions of § 23-23-11 shall be punished by a fine

of not more than ten thousand dollars ($10,000) or by imprisonment of one year, or both fine and

imprisonment, and every person shall be deemed guilty of a separate and distinct offense for each

day during which the violation shall be repeated or continued.

     (e) Any person who knowingly makes a false statement, representation, or certification in

any application, record, report, plan, permit, or document filed, maintained and used for purposes

under this chapter shall be guilty of a felony, and shall be punished by a fine of not more than ten

thousand dollars ($10,000) or by imprisonment of one year or both fine and imprisonment, and

every person shall be guilty of a separate and distinct offense for each day during which the

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violation shall be repeated or continued.

     (f) Any person who violates an order, rule, or regulation promulgated by the director

pursuant to § 23-23-32 shall be punished by an administrative or civil penalty of not less than ninety

thousand dollars ($90,000) and not more than one hundred thousand dollars ($100,000), and every

person shall be deemed guilty of a separate and distinct offense for each day during which the

violation shall be repeated or continued. This civil penalty must be paid not more than fifteen (15)

days from the day on which the violation occurred.

     23-23-15. Variances.

     (a) Upon application and after a hearing, the director may suspend the enforcement of the

whole or any part of this chapter or of any rule or regulation promulgated under this chapter in the

case of any person who shall show that the enforcement of this chapter would constitute undue

hardship on that person without a corresponding benefit or advantage obtained by it; provided, that

no suspension shall be entered deferring compliance with a requirement of this chapter or the rules

and regulations promulgated under this chapter, unless that deferral is consistent with the provisions

and procedures of the federal Clean Air Act, 42 U.S.C. § 7401 et seq. No suspension shall be

entered deferring compliance with a requirement of this chapter created by regulations pursuant to

§ 23-23-32. No suspension shall be entered deferring compliance for any rule or regulation for an

industrial facility located within the area specified in § 23-23-32(a).

     (b) In determining under what conditions and to what extent the variance may be granted,

the director shall give due recognition to the progress which the person requesting the variance

shall have made in eliminating or preventing air pollution. In this case, the director shall consider

the reasonableness of granting a variance conditioned on the person's effecting a partial abatement

of the pollution or a progressive abatement of the pollution or any other circumstances that the

director may deem reasonable. No variance shall be granted to any person applying for it who is

causing air pollution which creates a danger to public health or safety.

     (c) Any variance granted under this chapter shall be granted for any period of time, not

exceeding one year, as the director shall specify, but any variance may be continued from year to

year. No variance shall be construed as to relieve the person receiving it from any liability imposed

by law for the commission or maintenance of a nuisance nor shall there be any appeal from a denial

of a variance.

     (d) Notwithstanding the limitations of this section, the director may, upon application, defer

compliance with the whole or any part of this chapter or of any rule or regulation promulgated

under this chapter where compliance is not possible because of breakdowns or malfunctions of

equipment, acts of God, or other unavoidable casualties; provided, that this order shall not defer

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compliance for more than three (3) months.

     SECTION 3. Chapter 23-23 of the General Laws entitled "Air Pollution" is hereby

amended by adding thereto the following sections:

     23-23-32. Specific air contaminant regulations.

     (a) No later than the first day of November in the calendar year of 2022, the director shall

adopt regulations that shall apply only to polluting facilities in the area composed of the following

census block groups from the 2010 census:

     (1) Census Tract 1.01, Block Group 1, Providence County, Rhode Island;

     (2) Census Tract 1.01, Block Group 2, Providence County, Rhode Island;

     (3) Census Tract 1.01, Block Group 3, Providence County, Rhode Island;

     (4) Census Tract 1.01, Block Group 4, Providence County, Rhode Island;

     (5) Census Tract 1.02, Block Group 1, Providence County, Rhode Island;

     (6) Census Tract 1.02, Block Group 2, Providence County, Rhode Island;

     (7) Census Tract 1.02, Block Group 3, Providence County, Rhode Island;

     (8) Census Tract 4, Block Group 1, Providence County, Rhode Island;

     (9) Census Tract 4, Block Group 2, Providence County, Rhode Island;

     (10) Census Tract 4, Block Group 3, Providence County, Rhode Island;

     (11) Census Tract 4, Block Group 4, Providence County, Rhode Island;

     (12) Census Tract 5, Block Group 1, Providence County, Rhode Island;

     (13) Census Tract 5, Block Group 2, Providence County, Rhode Island;

     (14) Census Tract 5, Block Group 3, Providence County, Rhode Island;

     (15) Census Tract 6, Block Group 1, Providence County, Rhode Island;

     (16) Census Tract 6, Block Group 2, Providence County, Rhode Island;

     (17) Census Tract 7, Block Group 1, Providence County, Rhode Island;

     (18) Census Tract 7, Block Group 2, Providence County, Rhode Island; and

     (19) Census Tract 7, Block Group 3, Providence County, Rhode Island.

     (b) The regulations created by the director under § 23-23-32(a) shall prohibit all industrial

facilities within the area specified in § 23-23-32(a) from emitting more than one pound per year of

any of the following air pollutants:

     (1) Carbon monoxide;

     (2) Nitrogen dioxide;

     (3) Sulfur dioxide;

     (4) Lead;

     (5) Particulate matter with an aerodynamic diameter less than or equal to a nominal ten

LC001156 - Page 21 of 38

(10) micrometers, as measured by a method used by the administrator of the U.S. environmental

protection agency to measure the size of particulate matter, pursuant to 42 U.S. Code § 7602;

     (6) Any air pollutant defined by the administrator of the U.S. Environmental Protection

Agency as a "volatile organic compound" pursuant to 42. U.S. Code § 7412; and

     (7) Any air pollutant categorized by the administrator of the U.S. Environmental Protection

Agency as a "hazardous air pollutant" pursuant to 42. U.S. Code § 7412.

     (c) The director shall, as appropriate, amend or revoke any licenses or permits previously

provided to any industrial facilities to ensure that such facilities are in compliance with the emission

limits specified in this section and any regulations promulgated thereunder.

     (d) The director shall, as appropriate, amend Rhode Island's state implementation plan

under the federal Clean Air Act, 42 U.S. Code § 7401 et seq., to reflect and incorporate the emission

limits specified in this section and any regulations promulgated thereunder.

     23-23-33. Severability.

     (a) If any provision of this chapter is held invalid, the remainder of this chapter shall not

be affected thereby.

     (b) If the application of any provision of this chapter to any person or circumstance is held

invalid, the application of such provision to other persons or circumstances shall not be affected

thereby.

     SECTION 4. Section 46-12-1 of the General Laws in Chapter 46-12 entitled "Water

Pollution" is hereby amended to read as follows:

     46-12-1. Definitions.

     As used in this chapter the following terms shall, where the context permits, be construed

as follows:

     (1) "Boat" means any vessel or water craft whether moved by oars, paddles, sails, or other

power mechanism, inboard or outboard, or any other vessel or structure floating upon the water

whether or not capable of self locomotion, including house boats, barges, and similar floating

objects.

     (2) "Clean Water Act" refers to the federal law enacted under 33 U.S.C. § 1251 et seq., and

all amendments thereto.

     (3) "Chemical manufacturing plant" means a facility that produces or processes chemicals

for wholesale or retail distribution.

     (4) "Chemical storage facility" means a facility that stores chemicals which are intended

for wholesale or retail distribution.

     (3)(5)(i) "Director" means the director of the department of environmental management or

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any subordinate or subordinates to whom the director has delegated the powers and duties vested

in him or her by this chapter.

     (ii) Wherever reference is made in this chapter to any order of the director and the order

shall have been modified by the court, the order referred to shall be taken to be the order of the

director as so modified.

     (4)(6) "Discharge" means the addition of any pollutant to the waters from any point source.

     (5)(7) "Effluent limitation" means any restriction or prohibitions, established in accord

with the provisions of this chapter or under the federal Clean Water Act, 33 U.S.C. § 1251 et seq.,

on quantities, rates, and concentrations of chemical, physical, biological, radiological, and other

constituents which are discharged into the waters.

     (6)(8) "Fecal coliform bacteria" means organisms within the intestines of warm blooded

animals that indicate the presence of fecal material, and the potential presence of organisms capable

of causing disease in humans.

     (9) "Fossil fuel storage facility" means a facility that stores fossil fuel for wholesale

distribution.

     (10) "Fossil fuel" means fuel composed of or derived from coal, petroleum, oil, natural gas,

oil shales, bitumens, or tar sands.

     (7)(11) "Groundwaters" includes all underground waters of whatever nature.

     (8)(12) "Marine Sanitation Device-Type I" means a marine toilet which, under prescribed

test conditions, will produce an effluent that will not exceed a fecal coliform bacteria count of one

thousand (1,000) parts per one hundred (100) milliliters and have no visible solids.

     (9)(13) "Marine Sanitation Device-Type II" means a marine toilet which, under prescribed

test conditions will produce an effluent that does not exceed a fecal coliform bacteria count of two

hundred (200) parts per one hundred (100) milliliters, and have suspended solids not greater than

one hundred and fifty (150) milligrams per liter.

     (10)(14) "Marine Sanitation Device-Type III" means a marine toilet which is designed to

prevent the discharge from the boat of any treated or untreated sewage, or any waste derived from

sewage.

     (11)(15) "Marine toilet" means any toilet on or within any boat as that term is defined

herein.

     (12)(16) "No discharge zone" means an environmentally sensitive area of the waters of the

state which has been declared by the department of environmental management pursuant to the

Clean Water Act, 33 U.S.C. § 1251 et seq., to be an area in which any discharge of sewage is

prohibited.

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     (13)(17) "Person" includes an individual, trust, firm, joint stock company, corporation

(including a quasi government corporation) partnership, association, syndicate, municipality,

municipal or state agency, fire district, club, nonprofit agency, or any subdivision, commission,

department, bureau, agency, or department of state or federal government (including any quasi

government corporation) or of any interstate body.

     (14)(18) "Point source" means any discernible, confined, and discrete conveyance,

including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,

container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft

from which pollutants are or may be discharged. This term does not include return flows from

irrigated agriculture.

     (15)(19) "Pollutant" means any material or effluent which may alter the chemical, physical,

biological, or radiological characteristics and/or integrity of water, including, but not limited to,

dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions,

chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment,

cellar dirt or industrial, municipal, agricultural, or other waste petroleum or petroleum products,

including but not limited to oil.

     (16)(20) "Polluting" means the causing of pollution.

     (17)(21) "Pollution" means the man made or man induced alteration of the chemical,

physical, biological, and radiological integrity of water.

     (22) "Polluting facility" means:

     (i) An electric power plant that produces electricity by combusting any fossil fuel;

     (ii) A waste storage facility;

     (iii) A toxic material storage facility;

     (iv) A fossil fuel storage facility, excluding gas stations which sell gas only at the retail

level for use in automobiles and excluding sites that store fossil fuels that are used exclusively for

transporting goods or other items into the port of Providence or out of the port of Providence;

     (v) A fossil fuel production facility;

     (vi) A fossil fuel refinery;

     (vii) A chemical manufacturing plant;

     (viii) A chemical storage facility;

     (ix) A commercial manufacturing facility;

     (x) A scrap metal storage facility;

     (xi) A scrap metal processing facility;

     (xii) A cement, concrete, or asphalt storage facility;

LC001156 - Page 24 of 38

     (xiii) A cement, concrete, or asphalt processing facility;

     (xix) A cement, concrete, or asphalt production facility;

     (xx) An incinerator, including, but not limited to, a medical waste incinerator;

     (xxi) A resource recovery facility;

     (xxii) A combustor;

     (xxiii) A transfer station or other solid waste facility;

     (xxiv) A landfill, including, but not limited to, a landfill that accepts ash, construction

debris, demolition debris, or solid waste;

     (xxv) A scrap metal recycling facility capable of receiving five (5) tons or more of

recyclable material per day; or

     (xxvi) A wood recycling facility capable of receiving five (5) tons or more of recyclable

material per day.

     (18)(23) "Publicly owned treatment works" means any facility for the treatment of

pollutants owned by the state or any political subdivision thereof, municipality, or other public

entity, including any quasi government corporation.

     (19)(24) "Release" means any spilling, leaking, pumping, pouring, emitting, emptying,

injecting, escaping, leaching, dumping, or disposing of any pollutant into a surface water or

wetland, or onto or below the land surface.

     (20)(25) "Schedule of compliance" means a schedule of remedial measures including an

enforceable sequence of actions, or operations, leading to compliance with an effluent limitation or

any other limitation, prohibition, or standard.

     (21)(26) "Sewage" means fecal material and human waste, or wastes from toilets and other

receptacles intended to receive or retain body waste, and any wastes, including wastes from human

households, commercial establishments, and industries, and storm water runoff, that are discharged

to or otherwise enter a publicly owned treatment works.

     (22)(27) "Underground storage tank" means any one or combination of tanks (including

underground pipes connected thereto) which is used to contain an accumulation of petroleum

product or hazardous materials, and the volume of which (including the volume of the underground

pipes connected thereto) is ten percent (10%) or more beneath the surface of the ground.

     (23)(28) "Waters" includes all surface waters including all waters of the territorial sea,

tidewaters, all inland waters of any river, stream, brook, pond, or lake, and wetlands, as well as all

groundwaters.

     (24)(29) "Eutrophication" means a reduction of dissolved oxygen from excessive plant

growth, chiefly algae, typically as an effect of increased nutrient loadings, to levels that impair the

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viability of other aquatic life.

     (25)(30) "Nutrient" means organic materials and chemicals, including especially nitrogen

and phosphorous and their compounds, that are biologically reactive and necessary for life.

     SECTION 5. Chapter 46-12 of the General Laws entitled "Water Pollution" is hereby

amended by adding thereto the following sections:

     46-12-42. Specific water pollution regulations.

     (a) No later than the first day of November in the calendar year of 2022, the director shall

adopt regulations that shall apply only to polluting facilities in the area composed of the following

census block groups from the 2010 census:

     (1) Census Tract 1.01, Block Group 1, Providence County, Rhode Island;

     (2) Census Tract 1.01, Block Group 2, Providence County, Rhode Island;

     (3) Census Tract 1.01, Block Group 3, Providence County, Rhode Island;

     (4) Census Tract 1.01, Block Group 4, Providence County, Rhode Island;

     (5) Census Tract 1.02, Block Group 1, Providence County, Rhode Island;

     (6) Census Tract 1.02, Block Group 2, Providence County, Rhode Island;

     (7) Census Tract 1.02, Block Group 3, Providence County, Rhode Island;

     (8) Census Tract 4, Block Group 1, Providence County, Rhode Island;

     (9) Census Tract 4, Block Group 2, Providence County, Rhode Island;

     (10) Census Tract 4, Block Group 3, Providence County, Rhode Island;

     (11) Census Tract 4, Block Group 4, Providence County, Rhode Island;

     (12) Census Tract 5, Block Group 1, Providence County, Rhode Island;

     (13) Census Tract 5, Block Group 2, Providence County, Rhode Island;

     (14) Census Tract 5, Block Group 3, Providence County, Rhode Island;

     (15) Census Tract 6, Block Group 1, Providence County, Rhode Island;

     (16) Census Tract 6, Block Group 2, Providence County, Rhode Island;

     (17) Census Tract 7, Block Group 1, Providence County, Rhode Island;

     (18) Census Tract 7, Block Group 2, Providence County, Rhode Island; and

     (19) Census Tract 7, Block Group 3, Providence County, Rhode Island.

     (b) The regulations promulgated by the director under § 26-12-42(a) shall prohibit all

industrial facilities within the area specified in § 26-12-42(a) from discharging more than one

microgram per year of any of the following pollutants into the waters of the state:

     (1) Acenaphthene;

     (2) Acetone;

     (3) Acrolein;

LC001156 - Page 26 of 38

     (4) Acrylonitrile;

     (5) Aldrin;

     (6) Aluminum;

     (7) Ammonia;

     (8) Antimony;

     (9) Arsenic;

     (10)Asbestos;

     (11) Benzene;

     (12) Benzidine;

     (13) Beryllium;

     (14) Butanone;

     (15) Cadmium;

     (16) Carbon disulfide;

     (17) Carbon tetrachloride;

     (18) Chlordane;

     (19) Chlorine;

     (20) Chloroform;

     (21) Chloromethane;

     (22) Chromium

     (23) Copper;

     (24) Cyanide;

     (25) Dichloroethane;

     (26) Dieldrin;

     (27) Endosulfan;

     (28) Endrin;

     (29) Enterococcus Bacteria;

     (30) Escherichia Coli;

     (31) Ethanol;

     (32)Ethylbenzene;

     (33) Fluoranthene;

     (34) Hexachlorobutadiene;

     (35) Hexachlorocyclopentadiene;

     (36) Iron;

     (37) Isophorone;

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     (38) Isopropyltoluene;

     (39) Lead;

     (40) Mercury;

     (41) Methyl tert-butyl ether;

     (42) Nickel;

     (43) Nitrobenzene;

     (44) Pentachlorophenol;

     (45) Phenol;

     (46) Phosphorous;

     (47) Polychlorinated biphenyls;

     (48) Selenium;

     (49) Silver;

     (50) Tetrachloroethylene;

     (51) Thallium;

     (52) Toluene;

     (53) Toxaphene;

     (54) Trichlorobenzene;

     (55) Trichloroethane;

     (56) Trichloroethylene;

     (57) Trimethylbenzene;

     (58) Vinyl chloride;

     (59) Zinc;

     (60) Any compound that is a type of petroleum hydrocarbon;

     (61) Any compound that is a type of polynuclear aromatic hydrocarbon;

     (62) Any compound that is a type of chloroalkyl ether;

     (63) Any compound that is a type of nitrophenols;

     (64) Any compound that is a type of nitrosamines;

     (65) Any compound that is a type of hexachlorocyclohexane;

     (66) Any compound that is a type of phthalate or phthalate ester;

     (67) Any compound that is a type of xylene; and

     (68) Any other compound classified by the administrator of the U.S. Environmental

Protection Agency as a "toxic pollutant" under 33 U.S. Code § 1317.

     (c) The regulations promulgated by the director under § 26-12-42(a) shall prohibit all

industrial facilities within the area specified in § 26-12-42(a) from discharging more than one

LC001156 - Page 28 of 38

milligram per year of any of the following pollutants into the waters of the state of Rhode Island:

     (1) Oil and grease, which shall have the same meaning as the meaning assigned by the

administrator of the U.S. Environmental Protection Agency to the term "oil and grease" in

regulations promulgated under the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq.;

     (2) Total suspended solids, which shall have the same meaning as the meaning assigned by

the administrator of the U.S. Environmental Protection Agency to the term "total suspended solids"

in regulations promulgated under the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq.;

and

     (3) Biochemical oxygen demand, which shall have the same meaning as the meaning

assigned by the administrator of the U.S. Environmental Protection Agency to the term

"biochemical oxygen demand" in regulations promulgated under the Federal Water Pollution

Control Act, 33 U.S.C. 1251 et seq.

     (d) The regulations promulgated by the director under § 26-12-42(a) shall prohibit all

industrial facilities within the area specified in § 26-12-42(a) from discharging more than one

hundred (100) colony-forming units of fecal coliform per year into the waters of the state of Rhode

Island.

     (e) The regulations promulgated by the director under § 26-12-42(a) shall prohibit all

industrial facilities within the area specified in § 26-12-42(a) from discharging more than one

hundred (100) colony-forming units of enterococci per year into the waters of the state of Rhode

Island.

     (f) The director shall, as appropriate, amend or revoke any licenses or permits previously

provided to any industrial facilities to ensure that such facilities are in compliance with the pollution

discharge limits specified in this section and any regulations promulgated thereunder.

     (g) The director shall, as appropriate, amend Rhode Island's state implementation plan

under the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., to reflect and incorporate

the pollution discharge limits specified in this section and any regulations promulgated thereunder.

     46-12-43. Severability.

     (a) If any provision of this chapter is held invalid, the remainder of this chapter shall not

be affected thereby.

     (b) If the application of any provision of this chapter to any person or circumstance is held

invalid, the application of such provision to other persons or circumstances shall not be affected

thereby.

     SECTION 6. Section 42-16.1-2 of the General Laws in Chapter 42-16.1 entitled

"Department of Labor and Training" is hereby amended to read as follows:

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     42-16.1-2. Functions of director.

     The director of labor and training shall:

     (1) Have all the powers and duties formerly vested by law in the director of labor with

regard to factory inspectors and steam boiler inspectors, and such other duties as may be by law

conferred upon the department;

     (2) Administer the labor laws of this state concerning women and children and be

responsible for satisfactory working conditions of women and children employed in industry in this

state by a division in the department which shall be known as the division of labor standards;

     (3) Administer the act relating to state wage payment and wage collection;

     (4) Have all of the powers and duties formerly vested in the director of the department of

labor and administer those responsibilities set forth in chapters 29 -- 38, inclusive, of title 28;

     (5) Have all the powers and duties formerly vested by law in the director of employment

and training and administer those responsibilities set forth in chapters 39 -- 44, inclusive, of title

28 and chapter 102 of title 42.

     (6) Provide to the department of administration any information, records or documents they

certify as necessary to investigate suspected misclassification of employee status, wage and hour

violations, or prevailing wage violations subject to their jurisdiction, even if deemed confidential

under applicable law, provided that the confidentiality of such materials shall be maintained, to the

extent required of the releasing department by any federal or state law or regulation, by all state

departments to which the materials are released and no such information shall be publicly disclosed,

except to the extent necessary for the requesting department or agency to adjudicate a violation of

applicable law. The certification must include a representation that there is probable cause to

believe that a violation has occurred. State departments sharing this information or materials may

enter into written agreements via memorandums of understanding to ensure the safeguarding of

such released information or materials.

     (7) Have the power to enter contracts, hire employees, hire contractors, promulgate rules

and regulations, levy fines, adjudicate administrative cases, or take any other lawful action in order

to administer the just transition program, pursuant to § 42-16.1-21.

     SECTION 7. Chapter 42-16.1 of the General Laws entitled "Department of Labor and

Training" is hereby amended by adding thereto the following sections:

     42-16.1-20. Definitions.

     (a) For the purposes of § 42-16.1-21, "just transition program zone" shall mean the

geographic area composed of the following census block groups from the 2010 census:

     (1) Census Tract 1.01, Block Group 1, Providence County, Rhode Island;

LC001156 - Page 30 of 38

     (2) Census Tract 1.01, Block Group 2, Providence County, Rhode Island;

     (3) Census Tract 1.01, Block Group 3, Providence County, Rhode Island;

     (4) Census Tract 1.01, Block Group 4, Providence County, Rhode Island;

     (5) Census Tract 1.02, Block Group 1, Providence County, Rhode Island;

     (6) Census Tract 1.02, Block Group 2, Providence County, Rhode Island;

     (7) Census Tract 1.02, Block Group 3, Providence County, Rhode Island;

     (8) Census Tract 4, Block Group 1, Providence County, Rhode Island;

     (9) Census Tract 4, Block Group 2, Providence County, Rhode Island;

     (10) Census Tract 4, Block Group 3, Providence County, Rhode Island;

     (11) Census Tract 4, Block Group 4, Providence County, Rhode Island;

     (12) Census Tract 5, Block Group 1, Providence County, Rhode Island;

     (13) Census Tract 5, Block Group 2, Providence County, Rhode Island;

     (14) Census Tract 5, Block Group 3, Providence County, Rhode Island;

     (15) Census Tract 6, Block Group 1, Providence County, Rhode Island;

     (16) Census Tract 6, Block Group 2, Providence County, Rhode Island;

     (17) Census Tract 7, Block Group 1, Providence County, Rhode Island;

     (18) Census Tract 7, Block Group 2, Providence County, Rhode Island; and

     (19) Census Tract 7, Block Group 3, Providence County, Rhode Island.

     (b) For the purposes of § 42-16.1-21, "polluting facilities" means:

     (1) An electric power plant that produces electricity by combusting any fossil fuel;

     (2) A waste storage facility;

     (3) A toxic material storage facility;

     (4) A fossil fuel storage facility, excluding gas stations which sell gas only at the retail

level for use in automobiles and excluding sites that store fossil fuels that are used exclusively for

transporting goods or other items into the port of Providence or out of the port of Providence;

     (5) A fossil fuel production facility;

     (6) A fossil fuel refinery;

     (7) A chemical manufacturing plant;

     (8) A chemical storage facility;

     (9) A commercial manufacturing facility;

     (10) A scrap metal storage facility;

     (11) A scrap metal processing facility;

     (12) A cement, concrete, or asphalt storage facility;

     (13) A cement, concrete, or asphalt processing facility;

LC001156 - Page 31 of 38

     (14) A cement, concrete, or asphalt production facility;

     (15) An incinerator, including, but not limited to, a medical waste incinerator;

     (16) A resource recovery facility;

     (17) A combustor;

     (18) A transfer station or other solid waste facility;

     (19) A landfill, including, but not limited to, a landfill that accepts ash, construction debris,

demolition debris, or solid waste;

     (20) A scrap metal recycling facility capable of receiving five (5) tons or more of recyclable

material per day; or

     (21) A wood recycling facility capable of receiving five (5) tons or more of recyclable

material per day.

     (c) For the purposes of § 42-16.1-21, "just transition worker" means:

     (1) Any worker who is employed to work at, in, or with an industrial facility within the just

transition program zone for at least eight (8) hours per week, as determined by the director; and

     (2) Any worker who was formerly employed to work at, in, or with an industrial facility

within the just transition program zone for at least eight (8) hours per week, as determined by the

director, and who lost their job after the enactment of this section.

     (d) For the purposes of § 42-16.1-21, "enrollee" means a just transition worker who is

enrolled in the just transition program.

     (e) For the purposes of § 42-16.1-21, "just transition salary" means the just transition salary

received by enrollees, pursuant to § 42-16.1-21(i).

     (f) For the purposes of § 42-16.1-21, "chemical manufacturing plant" means a facility that

produces or processes chemicals for wholesale or retail distribution.

     (g) For the purposes of § 42-16.1-21, "chemical storage facility" means a facility that stores

chemicals which are intended for wholesale or retail distribution.

     (h) For the purposes of § 42-16.1-21, "fossil fuel storage facility" means a facility that

stores fossil fuel for wholesale distribution.

     (i) For the purposes of § 42-16.1-21, "fossil fuel" means fuel composed of or derived from

coal, petroleum, oil, natural gas, oil shales, bitumen, or tar sands.

     42-16.1-21. Just transition unit established.

     (a) There shall be within the department of labor and training a "just transition unit".

     (b) The just transition unit shall establish the just transition program.

     (c) The purposes of the just transition program shall be to:

     (1) Organize, coordinate, and finance job retraining for just transition workers in order to

LC001156 - Page 32 of 38

equip them with the skills necessary to obtain high-paying jobs in environmentally sustainable

industries; and

     (2) Compensate just transition workers for participating in job retraining programs and

provide them with a just transition salary while they search for a new job.

     (d) All just transition workers shall be eligible to enroll in the just transition program.

     (e) All enrollees shall be offered job training. The department of labor and training shall

pay for the full and complete cost of the job training they receive under the just transition program,

and enrollees shall not be charged for any portion of the training.

     (f) All job training offered to a just transition worker under the just transition program shall

be designed to:

     (1) Qualify a just transition worker for a job that provides, at least, a comparable salary and

comparable benefits to the job they previously held working at, in, or with an industrial facility

within the just transition program zone, as determined by the director;

     (2) Qualify a just transition worker for employment in an environmentally sustainable

industry, as determined by the director; and

     (3) Accommodate, to the greatest extent practical, the preferences of each just transition

worker with regard to the types of jobs for which they would like to be trained.

     (g) All enrollees shall be enrolled in the just transition program from the date on which

they enroll in the program until exactly two (2) years from the date on which their employment at,

in, or with an industrial facility in the just transition program zone terminates.

     (h) The just transition unit shall provide a just transition salary to all enrollees from the

date on which their employment at, in, or with an industrial facility in the just transition program

zone terminates until exactly two (2) years from that date, or until the date on which they begin

receiving another full-time salary from a job that is not at, in, or with an industrial facility in the

just transition program zone, whichever is earlier. The just transition salary shall consist of a

monthly payment equal to one-twelfth (1/12) of the highest annual salary that the worker received

from any job working at, in, or with an industrial facility in the just transition program zone within

the period between the enactment of this chapter and when they lost that job, as determined by the

director. Job apprenticeships shall not be considered "employment" under the terms of this

subsection, nor shall a worker be unenrolled from the program because they are participating in a

job apprenticeship program.

     42-16.1-22. Severability.

     (a) If any provision of this chapter is held invalid, the remainder of this chapter shall not

be affected thereby.

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     (b) If the application of any provision of this chapter to any person or circumstance is held

invalid, the application of such provision to other persons or circumstances shall not be affected

thereby.

     SECTION 8. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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

CHAPTER 17.12

ENVIRONMENTAL JUSTICE ACT

     42-17.12-1. Short title.

     This act may be known and shall be cited as the "Environmental Justice Act."

     42-17.12-2. Legislative findings.

     (a) The state has an affirmative duty to ensure that every resident has access to clean air

and clean water.

     (b) Many communities in the state do not have clean air and clean water, creating a

widespread and severe public health crisis.

     42-17.12-3. Definitions.

     As used in this chapter:

     (1) "Administrator" means the administrator of the department of environmental

management.

     (2) "Air pollutant" means:

     (i) Anything that is considered an "air contaminant" under § 23-23-3; or

     (ii) Anything that is considered an "air pollutant" under the federal Clean Air Act, pursuant

to 42 U.S. Code § 7602 et seq.

     (3) "Census tract" means a geographic region identified and referred to as a "census tract"

by the U.S. Census Bureau in the 2010 census.

     (4) "Chemical manufacturing plant" means a facility that produces or processes chemicals

for wholesale or retail distribution.

     (5) "Chemical storage facility" means a facility that stores chemicals which are intended

for wholesale or retail distribution.

     (6) "Cumulative impact permit" means the permit described in § 42-17.12-5.

     (7) "Cumulative impact permit applicant" means any corporation, business, firm,

partnership, or individual who has submitted a cumulative impact permit application

     (8) "Overburdened community" means any census tract in Rhode Island that:

     (i) Is at or above the seventy-fifth statewide percentile for at least three (3) of the following

environmental indicators on the most recent available United States Environmental Protection

LC001156 - Page 34 of 38

Agency's EJSCREEN assessment:

     (A) PM 2.5;

     (B) Ozone;

     (C) NATA diesel PM;

     (D) NATA cancer risk;

     (E) NATA respiratory hazard index;

     (F) Traffic proximity;

     (G) Lead paint indicator;

     (H) Superfund proximity;

     (I) Risk management plan facilities proximity;

     (J) Hazardous waste proximity; and

     (K) Wastewater discharge indicator; and

     (ii) Has a median household income, as calculated by the U.S. Census Bureau that is no

greater than eighty percent (80%) of the statewide median household income, as calculated by the

U.S. Census Bureau.

     (9) "Polluting facility" means any

     (i) Major stationary source of air pollution, as defined by the federal Clean Air Act, 42 U.S.

Code § 7401 et seq.;

     (ii) Resource recovery facility;

     (iii) Incinerator;

     (iv) Sludge processing facility;

     (v) Combustor;

     (vi) Incinerator;

     (vii) Sewage treatment plant with a capacity of more than one million (1,000,000) gallons

per day;

     (viii) Transfer station or other solid waste facility;

     (ix) Recycling facility capable of receiving one hundred (100) tons or more of recyclable

material per day;

     (x) Scrap metal facility;

     (xi) Landfill; including a landfill that accepts ash, construction debris, demolition debris,

or solid waste;

     (xii) Medical waste incinerator;

     (xiii) Concentrated animal feeding operation; or

     (xiv) Chemical manufacturing plant.

LC001156 - Page 35 of 38

     42-17.12-4. Environmental burden list.

     (a) On or before January 31, 2022, the department of environmental management shall

develop, post, and maintain a complete and comprehensive list, known as the environmental burden

list, on its website of all census tracts that are overburdened communities.

     (b) The department of environmental management shall update the environmental burden

list on its website at least once every year.

     42-17.12-5. Creation of the cumulative impact permit.

     The department of environmental management shall create a new permit called a

cumulative impact permit.

     42-17.12-6. Requirement for a cumulative impact permit.

     Any corporation, business, firm, partnership or individual must receive a cumulative

impact permit from the department of environmental management for:

     (1) The construction of any polluting facility; or

     (2) The expansion of any existing polluting facility.

     42-17.12-7. Cumulative impact permit denial.

     The department of environmental management shall deny a cumulative impact permit for

the construction of a new polluting facility or the expansion of an existing polluting facility if that

polluting facility is located within an overburdened community or within one mile of an

overburdened community.

     42-17.12-8. Cumulative impact permit denial override.

     (a) If no fewer than twenty-five percent (25%) of the registered voters of an overburdened

community sign a petition to the secretary of state asking them to organize a local referendum on

whether to grant a cumulative impact permit to a proposed polluting facility within that

overburdened community, the secretary of state shall organize such a referendum. Only registered

voters of any overburdened community which is located within one mile of the polluting facility

shall be permitted to vote in the local referendum. All registered voters of any overburdened

community which is within one mile of the polluting facility shall be permitted to vote in the

referendum. Before the referendum, the department of environmental management shall prepare

and issue a public report on the environmental effects and public health effects of the proposed

polluting facility.

     (b) Notwithstanding the requirement of § 42-17.12-7, the department of environmental

management may issue a cumulative impact permit for the construction of a new polluting facility

or the expansion of an existing polluting facility that would be a polluting facility located within

an overburdened community or within one mile of an overburdened community, if no fewer than

LC001156 - Page 36 of 38

sixty-six percent (66%) of votes cast in a referendum support granting a cumulative impact permit

to the polluting facility.

     42-17.12-9. Additional conditions.

     As part of issuing a cumulative impact permit, the department of environmental

management may impose conditions on the construction and operation of a polluting facility, if the

administrator determines that those conditions will protect public health.

     42-17.12-10. Cumulative Impact Permit fee.

     The department of environmental management shall charge each cumulative impact permit

applicant a fee to cover the entirety of the costs associated with the implementation of this section.

     42-17.12-11. Technical guidance and regulations.

     (a) The department of environmental management may issue and post on its website

technical guidance for compliance with this chapter.

     (b) The department of environmental management shall adopt regulations to carry out this

chapter.

     42-17.12-12. Severability.

     (a) If any provision of this chapter is held invalid, the remainder of this chapter shall not

be affected thereby.

     (b) If the application of any provision of this chapter to any person or circumstance is held

invalid, the application of such provision to other persons or circumstances shall not be affected

thereby.

     SECTION 9. 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 -- THE GREEN JUSTICE ZONE

ACT

***

     This act would establish the first green justice zone, a model that may be replicated in

future years to ensure that all communities throughout the state have clean air and clean water.

     This act would take effect upon passage.

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LC001156

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