| 1 | 1 | | 23 LC 55 0034 |
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| 2 | 2 | | H. B. 491 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | House Bill 491 |
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| 5 | 5 | | By: Representatives Drenner of the 85 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Carter of the 93 |
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| 8 | 8 | | rd |
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| 9 | 9 | | , Evans of the 89 |
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| 10 | 10 | | th |
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| 11 | 11 | | , Davis of the |
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| 12 | 12 | | 87 |
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| 13 | 13 | | th |
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| 14 | 14 | | , and Thomas of the 65 |
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| 15 | 15 | | th |
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| 16 | 16 | | |
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| 17 | 17 | | A BILL TO BE ENTITLED |
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| 18 | 18 | | AN ACT |
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| 19 | 19 | | To amend Chapter 1 of Title 12 of the Official Code of Georgia Annotated, relating to |
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| 20 | 20 | | 1 |
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| 21 | 21 | | general provisions regarding conservation and natural resources, so as to address issues2 |
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| 22 | 22 | | regarding environmental justice and permitting; to provide for definitions; to provide for a3 |
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| 23 | 23 | | list of overburdened communities; to provide environmental justice requirements for4 |
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| 24 | 24 | | applicants for certain environmental permits; to provide for rules, regulations, and technical5 |
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| 25 | 25 | | guidance; to provide for related matters; to repeal conflicting laws; and for other purposes.6 |
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| 26 | 26 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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| 27 | 27 | | SECTION 1.8 |
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| 28 | 28 | | Chapter 1 of Title 12 of the Official Code of Georgia Annotated, relating to general9 |
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| 29 | 29 | | provisions regarding conservation and natural resources, is amended by adding a new Code10 |
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| 30 | 30 | | section to read as follows:11 |
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| 31 | 31 | | "12-1-3. |
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| 32 | 32 | | 12 |
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| 33 | 33 | | (a) As used in this Code section, the term:13 |
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| 34 | 34 | | (1) 'Environmental or public health stressors' means sources of environmental pollution,14 |
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| 35 | 35 | | including, but not limited to, concentrated areas of air pollution, mobile sources of air15 |
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| 36 | 36 | | pollution, contaminated sites, transfer stations or other solid waste facilities, recycling16 23 LC 55 0034 |
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| 37 | 37 | | H. B. 491 |
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| 38 | 38 | | - 2 - |
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| 39 | 39 | | facilities, scrap yards, and point sources of water pollution, including, but not limited to,17 |
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| 40 | 40 | | water pollution from facilities or combined sewer overflows; or conditions that may cause18 |
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| 41 | 41 | | potential public health impacts, including, but not limited to, asthma, cancer, elevated19 |
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| 42 | 42 | | blood lead levels, cardiovascular disease, and developmental problems in the20 |
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| 43 | 43 | | overburdened community.21 |
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| 44 | 44 | | (2) 'Facility' means any:22 |
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| 45 | 45 | | (A) Major source of air pollution;23 |
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| 46 | 46 | | (B) Resource recovery facility or incinerator;24 |
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| 47 | 47 | | (C) Sludge processing facility, combustor, or incinerator;25 |
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| 48 | 48 | | (D) Sewage treatment plant with a capacity of more than 50 million gallons per day;26 |
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| 49 | 49 | | (E) Transfer station or other solid waste facility or recycling facility intending to27 |
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| 50 | 50 | | receive at least 100 tons of recyclable material per day;28 |
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| 51 | 51 | | (F) Scrap metal facility;29 |
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| 52 | 52 | | (G) Landfill, including, but not limited to, a landfill that accepts ash, construction or30 |
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| 53 | 53 | | demolition debris, or solid waste; or31 |
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| 54 | 54 | | (H) Medical waste incinerator.32 |
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| 55 | 55 | | (3) 'Limited English proficiency' means that a household does not have an adult that33 |
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| 56 | 56 | | speaks the English language 'very well' according to the United States Census Bureau as34 |
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| 57 | 57 | | of July 1, 2023.35 |
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| 58 | 58 | | (4) 'Low-income household' means a household that is at or below twice the poverty36 |
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| 59 | 59 | | threshold as that threshold is determined as of July 1, 2023, by the United States Census37 |
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| 60 | 60 | | Bureau.38 |
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| 61 | 61 | | (5) 'Major source' means a major source of air pollution as defined by the federal Clean39 |
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| 62 | 62 | | Air Act, 42 U.S.C. Section 7401, et seq., in effect on July 1, 2023, or in rules and40 |
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| 63 | 63 | | regulations adopted by the department pursuant to Chapter 9 of this title, or which41 |
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| 64 | 64 | | directly emits, or has the potential to emit, 100 tons per year or more of any air pollutant,42 23 LC 55 0034 |
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| 65 | 65 | | H. B. 491 |
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| 66 | 66 | | - 3 - |
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| 67 | 67 | | or other applicable criteria set forth in the federal Clean Air Act, 42 U.S.C. Section 7401,43 |
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| 68 | 68 | | et seq., in effect on July 1, 2023.44 |
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| 69 | 69 | | (6) 'Overburdened community' means any census block group, as determined in45 |
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| 70 | 70 | | accordance with the 2020 United States census, in which:46 |
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| 71 | 71 | | (A) At least 35 percent of the households qualify as low-income households;47 |
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| 72 | 72 | | (B) At least 40 percent of the residents identify as minority or as members of a state48 |
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| 73 | 73 | | recognized tribal community; or49 |
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| 74 | 74 | | (C) At least 40 percent of the households have limited English proficiency.50 |
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| 75 | 75 | | (7) 'Permit' means any individual permit, registration, or license issued by the department51 |
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| 76 | 76 | | to a facility establishing the regulatory and management requirements for a regulated52 |
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| 77 | 77 | | activity under this title.53 |
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| 78 | 78 | | (b)(1) Beginning immediately upon the adoption of the rules and regulations pursuant54 |
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| 79 | 79 | | to subsection (d) of this Code section, the department shall not consider complete for55 |
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| 80 | 80 | | review any application for a permit for a new facility or for the expansion of an existing56 |
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| 81 | 81 | | facility, or any application for the renewal of an existing facility's major source permit,57 |
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| 82 | 82 | | if the facility is located, or proposed to be located, in whole or in part, in an overburdened58 |
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| 83 | 83 | | community, unless the permit applicant first:59 |
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| 84 | 84 | | (A) Prepares an environmental justice impact statement that assesses the potential60 |
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| 85 | 85 | | environmental or public health stressors associated with the proposed new or expanded61 |
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| 86 | 86 | | facility, or with the existing major source, as applicable, including any adverse62 |
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| 87 | 87 | | environmental or public health stressors that cannot be avoided if the permit is granted,63 |
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| 88 | 88 | | and the environmental or public health stressors already borne by the overburdened64 |
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| 89 | 89 | | community as a result of existing conditions located in or affecting the overburdened65 |
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| 90 | 90 | | community;66 |
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| 91 | 91 | | (B) Transmits the environmental justice impact statement required to be prepared67 |
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| 92 | 92 | | pursuant to subparagraph (A) of this paragraph, at least 60 days in advance of the public68 |
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| 93 | 93 | | hearing required pursuant to subparagraph (C) of this paragraph, to the department and69 23 LC 55 0034 |
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| 94 | 94 | | H. B. 491 |
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| 95 | 95 | | - 4 - |
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| 96 | 96 | | to the governing body and the clerk of the municipality or county in which the70 |
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| 97 | 97 | | overburdened community is located. Upon receipt, the department shall publish the71 |
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| 98 | 98 | | environmental justice impact statement on its website; and72 |
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| 99 | 99 | | (C)(i) Organizes and conducts a public hearing in the overburdened community. The73 |
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| 100 | 100 | | permit applicant shall publish a notice of the public hearing in at least two newspapers74 |
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| 101 | 101 | | circulating within the overburdened community, including one local non-English75 |
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| 102 | 102 | | language newspaper, if applicable, not less than 60 days prior to the public hearing.76 |
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| 103 | 103 | | The notice of the public hearing shall provide the date, time, and location of the77 |
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| 104 | 104 | | public hearing; a description of the proposed new or expanded facility or existing78 |
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| 105 | 105 | | major source, as applicable; a map indicating the location of the facility; a brief79 |
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| 106 | 106 | | summary of the environmental justice impact statement; information on how an80 |
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| 107 | 107 | | interested person may review a copy of the complete environmental justice impact81 |
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| 108 | 108 | | statement; an address for the submittal of written comments to the permit applicant;82 |
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| 109 | 109 | | and any other information deemed appropriate by the department. At least 60 days83 |
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| 110 | 110 | | prior to the public hearing, the permit applicant shall send a copy of the notice to the84 |
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| 111 | 111 | | department and to the governing body and the clerk of the municipality or county in85 |
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| 112 | 112 | | which the overburdened community is located. The applicant shall invite the86 |
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| 113 | 113 | | municipality or county to participate in the public hearing. At the public hearing, the87 |
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| 114 | 114 | | permit applicant shall provide clear, accurate, and complete information about the88 |
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| 115 | 115 | | proposed new or expanded facility, or existing major source, as applicable, and the89 |
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| 116 | 116 | | potential environmental or public health stressors associated with the facility. The90 |
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| 117 | 117 | | permit applicant shall accept written and oral comments from any interested party and91 |
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| 118 | 118 | | be provided an opportunity for meaningful public participation at the public hearing.92 |
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| 119 | 119 | | The permit applicant shall transcribe the public hearing and, no later than ten days93 |
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| 120 | 120 | | after the public hearing, submit the transcript along with any written comments94 |
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| 121 | 121 | | received to the department. Following the public hearing, the department shall95 |
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| 122 | 122 | | consider the testimony presented and any written comments received, and evaluate96 23 LC 55 0034 |
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| 123 | 123 | | H. B. 491 |
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| 124 | 124 | | - 5 - |
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| 125 | 125 | | the issuance of, or conditions to, the permit, as necessary in order to avoid or reduce97 |
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| 126 | 126 | | the adverse environmental or public health stressors affecting the overburdened98 |
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| 127 | 127 | | community.99 |
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| 128 | 128 | | (ii) The department may require the applicant to consolidate the public hearing held100 |
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| 129 | 129 | | pursuant to this paragraph with any other public hearing held or required by the101 |
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| 130 | 130 | | department regarding the permit application, provided that the public hearing meets102 |
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| 131 | 131 | | the other requirements of this paragraph. The department shall consider a request by103 |
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| 132 | 132 | | a permit applicant to consolidate required public hearings, and, if the request is104 |
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| 133 | 133 | | granted by the department, the consolidation shall not preclude an application from105 |
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| 134 | 134 | | being deemed complete for review pursuant to this paragraph.106 |
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| 135 | 135 | | (2) The department shall not issue a decision on an application for a permit for a new107 |
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| 136 | 136 | | facility or for the expansion of an existing facility, or on an application for the renewal108 |
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| 137 | 137 | | of an existing facility's major source permit, if such facility is located, or proposed to be109 |
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| 138 | 138 | | located, in whole or in part in an overburdened community until at least 45 days after the110 |
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| 139 | 139 | | public hearing held pursuant to subparagraph (C) of paragraph (1) of this subsection.111 |
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| 140 | 140 | | (3) The department shall, after review of the environmental justice impact statement112 |
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| 141 | 141 | | prepared pursuant to subparagraph (A) of paragraph (1) of this subsection and any other113 |
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| 142 | 142 | | relevant information, including testimony and written comments received at the public114 |
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| 143 | 143 | | hearing, deny a permit for a new facility upon a finding that approval of the permit, as115 |
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| 144 | 144 | | proposed, would, together with other environmental or public health stressors affecting116 |
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| 145 | 145 | | the overburdened community, cause or contribute to adverse cumulative environmental117 |
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| 146 | 146 | | or public health stressors in the overburdened community that are higher than those borne118 |
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| 147 | 147 | | by other communities within the state, county, or other geographic unit of analysis as119 |
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| 148 | 148 | | determined by the department pursuant to rule, regulation, or guidance adopted or issued120 |
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| 149 | 149 | | pursuant to subsection (d) of this Code section, except that where the department121 |
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| 150 | 150 | | determines that a new facility will serve a compelling public interest in the community122 23 LC 55 0034 |
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| 151 | 151 | | H. B. 491 |
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| 152 | 152 | | - 6 - |
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| 153 | 153 | | where it is to be located, the department may grant a permit that imposes conditions on123 |
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| 154 | 154 | | the construction and operation of the facility to protect public health.124 |
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| 155 | 155 | | (4) The department may, after review of the environmental justice impact statement125 |
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| 156 | 156 | | prepared pursuant to subparagraph (A) of paragraph (1) of this subsection and any other126 |
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| 157 | 157 | | relevant information, including testimony and written comments received at the public127 |
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| 158 | 158 | | hearing, apply conditions to a permit for the expansion of an existing facility, or the128 |
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| 159 | 159 | | renewal of an existing facility's major source permit, concerning the construction and129 |
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| 160 | 160 | | operation of the facility to protect public health, upon a finding that approval of a permit130 |
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| 161 | 161 | | or permit renewal, as proposed, would, together with other environmental or public health131 |
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| 162 | 162 | | stressors affecting the overburdened community, cause or contribute to adverse132 |
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| 163 | 163 | | cumulative environmental or public health stressors in the overburdened community that133 |
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| 164 | 164 | | are higher than those borne by other communities within the state, county, or other134 |
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| 165 | 165 | | geographic unit of analysis as determined by the department pursuant to rule, regulation,135 |
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| 166 | 166 | | or guidance adopted or issued pursuant to subsection (d) of this Code section.136 |
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| 167 | 167 | | (5) If a permit applicant is applying for more than one permit for a proposed new or137 |
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| 168 | 168 | | expanded facility, the permit applicant shall only be required to comply with the138 |
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| 169 | 169 | | provisions of this Code section once, unless the department, in its discretion, determines139 |
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| 170 | 170 | | that more than one public hearing is necessary due to the complexity of the permit140 |
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| 171 | 171 | | applications necessary for the proposed new or expanded facility. Nothing in this Code141 |
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| 172 | 172 | | section shall be construed to limit the authority of the department to hold or require142 |
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| 173 | 173 | | additional public hearings, as may be required by any other law, rule, or regulation.143 |
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| 174 | 174 | | (6) Nothing in this Code section shall be construed to limit the right of an applicant to144 |
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| 175 | 175 | | continue facility operations during the process of permit renewal to the extent such right145 |
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| 176 | 176 | | is conveyed by applicable law, rule, or regulation, including the application shield146 |
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| 177 | 177 | | provisions of the rules and regulations adopted pursuant to Chapter 9 of this title.147 |
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| 178 | 178 | | (7) In addition to any other fee authorized by law, rule, or regulation, the department148 |
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| 179 | 179 | | shall assess each permit applicant a reasonable fee in order to cover the department's costs149 23 LC 55 0034 |
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| 180 | 180 | | H. B. 491 |
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| 181 | 181 | | - 7 - |
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| 182 | 182 | | associated with the implementation of this Code section, including costs to provide150 |
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| 183 | 183 | | technical assistance to permit applicants and overburdened communities as needed to151 |
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| 184 | 184 | | comply with this Code section.152 |
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| 185 | 185 | | (c) No later than December 30, 2024, the department shall publish and maintain on its153 |
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| 186 | 186 | | website a list of overburdened communities in the state. The department shall update the154 |
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| 187 | 187 | | list of overburdened communities at least once every two years. The department shall155 |
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| 188 | 188 | | notify a municipality or county if any part of the municipality or county has been156 |
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| 189 | 189 | | designated an overburdened community pursuant to this Code section.157 |
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| 190 | 190 | | (d) The department shall promulgate rules and regulations as necessary to implement the158 |
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| 191 | 191 | | provisions of this Code section and may issue technical guidance for compliance with this159 |
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| 192 | 192 | | Code section, which the department shall publish on its website."160 |
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| 193 | 193 | | SECTION 2.161 |
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| 194 | 194 | | All laws and parts of laws in conflict with this Act are repealed.162 |
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