2021 -- H 5924

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LC001854

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO HEALTH AND SAFETY -- ENVIRONMENTAL JUSTICE FOCUS AREAS

     Introduced By: Representative Lauren H. Carson

     Date Introduced: February 24, 2021

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 19.17

ENVIRONMENTAL JUSTICE FOCUS AREAS

     23-19.17-1. Legislative Findings.

     The general assembly hereby makes the following findings:

     (1) Rising sea levels threaten thousands of Rhode Island coastal residents and millions of

dollars of coastal property with increased risk of flooding, storm damage, shoreline erosion,

saltwater intrusion, and wetland loss and the department of environmental management should take

into consideration the threat of rising sea levels when notifying the public and assessing hazardous

waste site remediation plans on coastal properties.

     (2) Environmental justice is the fair treatment and meaningful involvement of all people

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

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

policies. The department has established this goal for the review of the investigation and

remediation of properties with actual or suspected contamination in all communities and for all

persons across this state. That goal will be achieved when everyone enjoys a fair share of

environmental benefits and the same degree of protection from environmental and health hazards,

as well as equal access to the decision-making process to help ensure a healthy environment in

which to live, learn, and work.

     (3) As properties are investigated and cleaned up, the department should promote public

participation based on the beliefs that individuals should have a timely, meaningful way to

participate in decisions that impact them, and that public participation in its best form is an ongoing,

two (2)-way process that benefits both the public and the agency.

     23-19.17-2. Definitions.

     As used in this chapter:

     (1) "Coastal zone" means the coastal waters of the state and adjacent lands and other areas

that are under the regulatory jurisdiction of the coastal resources management council pursuant to

chapter 23 of title 46 or the federal Coastal Zone Management Act [16 U.S.C. § 1451 et seq.].

     (2) "Environmental justice focus areas" means areas defined by United States Census block

groups that are in the highest fifteen percent (15%) of all Census block groups in Rhode Island with

respect to the percent population identified as racial minorities or the highest fifteen percent (15%)

of Rhode Island Census block groups with respect to percent population with income identified as

being twice the federal poverty level or below (utilizing the most recent and readily available data

from the United States Census Bureau).

     (3) "Performing party” or “parties" means any bona fide prospective purchaser, responsible

party, voluntary party or any other party (or parties) conducting an investigation of and/or

remediation at a contaminated site.

     23-19.17-3. Contaminated site investigation.

     (a) Whenever the director of the department of environmental management requires site

investigation for any contaminated site located in an environmental justice focus area or in coastal

zones, the performing party shall:

     (1) Post signs to inform local residents about the project. When deemed appropriate signs

will be required to be posted in a language (or languages) other than English. Signs shall be at least

four feet (4') by six feet (6') in size; posted for at least thirty (30) days minimum and from a date

one week prior to the initiation of field work for the site investigation to a date at least one week

following the issuance of either an interim letter of compliance or letter of compliance or other

official communication from the department that no further action is necessary, or for a twelve (12)

month maximum period, which shall be maintained in legible condition by the performing party;

clearly visible from the nearest public highway/road; and include the name/phone number/address

of an individual from whom any interested person may obtain information about the site or

remediation and any website address containing such information.

     (2) Provide public notice at two (2) points during the site investigation.

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     (i) Prior to conducting site investigation field activities at a known contaminated site, the

performing party shall notify all property owners, tenants, easement holders within two thousand

five hundred feet (2500') of the site and the municipality that investigation activities are about to

occur.

     (ii) When the site investigation is deemed complete, the department will issue a program

letter confirming that the performing party has adequately assessed the nature and extent of

contamination at the contaminated site. Prior to the formal department approval of the site

investigation report (in the form of a remedial decision letter), the performing party shall notify all

abutting property owners, tenants, easement holders, the municipality, and any community well

suppliers associated with any well head protection areas which encircle the contaminated site, that

the investigation is complete and provide them with the findings of the investigation and any

proposed remedial alternative which includes on-site treatment and/or containment of hazardous

materials as part of the final remedy.

     (iii) Whenever a site that is known to be contaminated or is suspected of being

contaminated based upon its past use is considered for possible reuse as the location of a school,

child care facility, or as a recreational facility for public use that supports existing or proposed

active recreation, the person proposing such reuse shall, prior to the establishment of a final scope

of investigation for the site and after the completion of all appropriate inquiries, hold a public

meeting for the purposes of obtaining information about conditions at the site and the

environmental history at the site that may be useful in establishing the scope of the investigation of

the site and/or establishing the objectives for the environmental clean-up of the site. The public

meeting shall be held in the city or town in which the site is located; public notice shall be given of

the meeting at least ten (10) business days prior to the meeting; public notice of the meeting shall

be provided to all abutting property owners, tenants, easement holders and the municipality; the

public meeting shall be conducted in a manner consistent with the requirements contained in § 23-

19.17-5 regarding community meetings; and following the meeting, the record of the meeting shall

be open for a period of not less than ten (10) and not more than twenty (20) business days for the

receipt of public comment. The results of all appropriate inquiries, analysis and the public meeting,

including the comment period, shall be documented in a written report submitted to the department

in both hard copy and electronic format (as specified by the department) within seventy two (72)

hours of the meeting.

     (iv) No work (remediation or construction) shall be permitted at the property until the

public meeting and comment period regarding the site's proposed reuse has closed except where

the director determines that such work is necessary to mitigate or prevent:

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     (A) An imminent threat to human health, public safety or the environment; or

     (B) Off-site migration of known or suspected contamination.

     (v) The public notice, meeting and comment period required by this section shall be in

addition to any other requirements for public notice and comment relating to the investigation or

remedy of the site and may be made part of another meeting pertaining to the site; provided, that

the minimum standards established by this section for notice and comment are met. Any

investigation or remediation undertaken prior to the completion of the public comment period shall

be limited to measures necessary to define and/or mitigate the imminent threat and/or off-site

migration.

     23-19.17-4. Fact sheets and enhanced communication.

     For contaminated sites located in environmental justice focus areas, or in coastal zones, the

performing party shall prepare a site-specific fact sheet presenting the known history of the site,

the suspected contamination (based on both historical uses and existing environmental

information), the point in the process where the contaminated site is and the expected path moving

forward, and the department’s contact information for the site. Draft fact sheets shall be submitted

to the department in both hard copy and electronic format (as specified by the department) along

with a proposed communications plan on how to effectively disseminate the information in the

community around the contaminated site. These materials shall be submitted to the department

prior to the commencement of the public notice specified in § 23-19.17-3. Information to be

provided to the community shall include, at a minimum, the final approved site-specific fact sheet

and informational materials about the department and the department’s site remediation and

brownfields program, which will be provided by the department. When appropriate, such materials

will be required to be provided in a language (or languages) other than English. After review and

approval, the performing party shall implement the communications plan.

     23-19.17-5. Community meetings.

     (1) Whenever requested by fifteen (15) persons, or by a governmental subdivision or

agency, or by an association having not less than fifteen (15) members, who are either located near

a contaminated site or are potential users of the contaminated site after redevelopment, an initial

community meeting will be held. The request for said community meeting shall be submitted in

writing to the performing party and the department. The purpose of the meeting is to:

     (i) Disseminate information about the department’s site remediation program and the

specific contaminated site of interest;

     (ii) Document community comments and concerns about the investigation, clean-up, and

reuse of the contaminated site; and

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     (iii) Engage in a dialogue with the public about the contaminated site.

     (2) Community meetings will be organized by the performing party and will be accessible

to all participants who wish to attend (considering public transportation and access for the disabled).

All meetings will be held at a time and place convenient to all participants. An atmosphere of

"equal participation" among all involved should be established – avoiding panels, head tables, or

auditorium presentations. Translation assistance for non-English speakers shall be provided by the

performing party when appropriate.

     (3) A written summary of all public meetings must be submitted to the department in both

hard copy and electronic format (as specified by the department) by the performing party within

seventy two (72) hours of the meeting. At a minimum, the written meeting summary must:

     (i) Identify the main issues of concern to the community, including efforts at the meeting

to draw out local knowledge about the contaminated site, concerns about the investigation and

clean-up, and any concerns about the reuse plan;

     (ii) Document requests by the community for a continued dialog, including the requested

form and frequency; and

     (iii) Formulate a proposed response to the issues raised through specific, clear action items

and schedules.

     23-19.17-6. Public involvement plans.

     The performing party shall develop, and submit to the department for review and approval

in both hard copy and electronic format (as specified by the department), a site-specific public

involvement plan for any contaminated site for which the department has received a notification of

release and for which a minimum of fifteen (15) residents, local officials or other interested parties

have requested, in writing and in the form of a petition, that a formal process be set up for their

participation in cleanup planning. The public involvement plan shall address all relevant and

applicable requirements contained in §§ 23-19.17-3, 23-19.17-4 and 23-19.17-5.

     23-19.17-7. Release of public comments responses.

     Within ninety (90) days of submission of the completed site investigation, the responses

by the performing party to substantive public comments shall be made public upon request.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- ENVIRONMENTAL JUSTICE FOCUS AREAS

***

     This act would establish environmental justice focus areas and coastal zones and establish

procedures for the investigation and remediation of contaminated sites within the coastal zones

under the direction of the department of environmental management (DEM) with increased

community participation.

     This act would take effect upon passage.

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