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