Bill Text

Environmental Justice Considerations for Permits and Public Participation

An Act Relating to Public Participation and Environmental Justice Considerations in All Environmental Permitting Procedures of the <Insert Your State Name and Applicable Permitting Agency>.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF <insert your state’s name here>:

Section 1. Short Title.

This Act shall be known and may be cited as the Environmental Justice and Permits Act.

Section 2. Findings.

The Legislature finds that:

(A) Racial and ethnic minority populations and low-income communities bear a disproportionate share of the health and environmental burdens and risks caused by polluted air and contaminated water and by solid waste landfills, hazardous waste facilities, waste water treatment plants, waste incinerators, and other projects;

(B) Such disproportionate share of burdens and risks may be the result of, among other things, demographic, local zoning and siting decisions, the failure to consider fully cumulative impacts during environmental review, and past discrimination;

(C) State and local government must identify and minimize, to the fullest extent practicable, disproportionate adverse human health and environmental effects caused or worsened by their programs, policies, and activities in order to prevent environmental injustice;

(D) Public input and participation in environmental permitting decisions builds trust and cooperation among government, business, and community members;

(E) The public has the right to voice an opinion regarding pollution and toxins in their environment; and

(F) The public has the right to actual notice of environmental decisions before these decisions may affect their lives.

Therefore, the Legislature will establish the following procedures in order to achieve environmental justice during the permitting process.

Section 3. Definitions.

(A) “Administrator” means the leader or principal person overseeing the permit process, or any designated head of the Department.

(B) “Applicant” means the company or person in charge of filing the permit application.

(C) “Department” shall mean <insert your state’s environmental permitting agency>.

(D) “Environmental justice” means the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws and policies. Both the decision-making process and its outcome are important to achieving environmental justice.

(E) “Permit” means a permit, approval, registration, or other form of authorization required by law from the Department for a person to engage in an action, such as environmental alteration, facility construction or operation, or other action subject to the Department’s jurisdiction.

(F) “Pollution” or “pollutant” means any physical, chemical, or biological change in soil, water, or air that adversely affects living organisms or makes the soil, water, or air unsuitable for desired uses.

Section 4. Department Administration and Duties.

(A) The Department shall use existing resources to provide local jurisdictions and private businesses with information and models to assist with consideration of environmental justice concerns, as defined, when complying with requirements relating to the development of solid waste disposal facilities, hazardous waste facilities, waste water treatment plants, waste incinerators, and other polluting or hazardous projects.

(B) The Department shall submit or revise development requirements for the above projects to include a description of the actions taken by the city or county to solicit public participation by the affected communities including, but not limited to, minority and low-income populations.

Section 5. Notice of Intent to Obtain Permit.

Prior to submitting an application all of the following must be completed:

(A) The applicant shall publish notice of intent to obtain a permit at least once in the newspaper of largest circulation in the county in which the facility is located or proposed to be located, and deliver a copy of the notice to the Department three (3) days prior to its publication. The applicant shall also publish notice of intent to obtain a permit in local ethnic newspapers, if they exist, in the county in which the facility is located or proposed to be located. Notices in local ethnic newspapers shall be published in the language of the newspapers.

(B) The Department shall mail the notice of intent to obtain a permit to:

(1) The state senator(s) and representative(s) who represent the general area in which the facility is located or proposed to be located;

(2) The executive decision-makers and health authorities of the municipality in which the facility is located or proposed to be located;

(3) The health authorities of the county in which the facility is located or proposed to be located;

(4) A state water and air regulatory agency in which the facility is located or proposed to be located, if one exists;

(5) The State Environmental Justice Advisory Council, if one exists;

(6) All residents and property owners within 500 feet of proposed facility or action; and

(7) Registered community organizations representing these residents and property owners.

(C) The Department shall establish the form and content of the notice. The notice must include:

(1) The location and nature of the proposed activity;

(2) The location at which a copy of the application is available for review and copying;

(3) A description, including a telephone number and address, of the manner in which a person may contact the Department for further information;

(4) A description, including a telephone number and address, of the manner in which a person may contact the applicant for further information;

(5) A description of the manner in which a person may provide comments to the applicant, including contact information and/or time and location of any public meeting to be held;

(6) Deadlines, printed in a font style or size that clearly provides emphasis and distinguishes it from the remainder of the notice;

(7) A description of the procedure by which a person may be placed on a mailing list in order to receive additional information about the application;

(8) A description of any other legally required public comment period, including duration, contact information, and/or the time and location of any public meeting to be held;

(9) Notice of on-site child care services available at the public meeting;

(10) A compliance history of the plant or company representative of the applicant’s interests. Contact information can be provided for this information instead; and

(11) Any other information the Department requires.

(D) The applicant shall make all descriptions available in non-technical, jargon-free, and non-academic English, as well as, upon request, in non-English language(s) spoken by at least 20% of those potentially affected. Information about these languages and translators can be submitted to the applicant by the State Environmental Justice Advisory Council, if one exists.

(E) The applicant shall make a copy, and subsequent versions so named in part (D) above, of the application available for review and copying at a public place in the county in which the facility is located or proposed to be located.

(F) The Department in cooperation with the applicant shall hold a public meeting in the county in which the facility is located or proposed to be located in order to inform the public about the application and obtain public input.

(G) The applicant shall provide for state certified child care services, upon request, to be present during the public meeting.

(H) The applicant shall provide for interpretation services at the public meeting, upon written request by 10 or more residents likely to be affected who are not proficient in English.

(I) The applicant shall hold the public meeting in a location in the community that will be affected by the proposed facility. If no such community location exists, the applicant shall find an appropriate alternate location, or provide free transportation to and from a suitable but more distant location, so that as many members from the community who wish to do so may attend.

(J) The applicant shall give consideration to comments submitted by the public and provide the Department, as a part of its permit application, documentation demonstrating compliance with this Act and responses to the public’s comments.

(K) The applicant shall include, as part of the permit application, the number of people attending the public meeting or who have submitted written comments, as well as a demographic study of those who live within a 0.5 mile radius of the proposed facility.

Section 6. Effective Date.

The Act is effective as of <six months from> the date of enactment.