North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S597 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 597
	3	+	S D
	4	+	SENATE BILL DRS15277-MH-18B
	5	+
5	6
6	7
7	8		Short Title: Environmental Justice. (Public)
8	9		Sponsors: Senators Murdock and Meyer (Primary Sponsors).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 26, 2025~~
11		-	~~S597 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS15277 -MH-18B
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO REQUIRE CONSIDERATION OF THE CUMULATIVE IMPACT OF A 2
14	15		PROPOSED ENVIRONMENTAL PERMITTING DECISION ON MINORITY OR 3
15	16		LOW-INCOME COMMUNITIES AND TO PROVIDE ENHANCED PUBLIC 4
16	17		PARTICIPATION OPPORTUNITIES FOR PERMITTING DECISIONS IMPACTING 5
17	18		OVERBURDENED COMMUNITIES . 6
18	19		The General Assembly of North Carolina enacts: 7
19	20		SECTION 1.(a) G.S. 74-51 reads as rewritten: 8
20	21		"§ 74-51. Permits – Application, granting, conditions. 9
21	22		(a) Any operator desiring to engage in mining shall make written application to the 10
22	23		Department for a permit. The application shall be upon a form furnished by the Department and 11
23	24		shall fully state the information called for; in addition, the applicant may be required to furnish 12
24	25		any other information as may be deemed necessary by the Department in order adequately to 13
25	26		enforce this Article. The application shall be accompanied by a reclamation plan that meets the 14
26	27		requirements of G.S. 74-53. No permit shall be issued until a reclamation plan has been approved 15
27	28		by the Department. The application shall be accompanied by a signed agreement, in a form 16
28	29		specified by the Department, that in the event a bond forfeiture is ordered pursuant to G.S. 74-59, 17
29	30		the Department and its representatives and contractors shall have the right to make whatever 18
30	31		entries on the land and to take whatever actions may be necessary in order to carry out 19
31	32		reclamation that the operator has failed to complete. 20
32	33		… 21
33	34		(d) The Department may deny the permit upon finding: 22
34	35		… 23
35	36		(8) The cumulative impact of the proposed action (including the impact on public 24
36	37		health), when considered in relation to other similar impacts of actions taken 25
37	38		or proposed in the community, would have a disproportionate adverse impact 26
38	39		on a low-income community or a minority community protected by Title VI 27
39	40		of the federal Civil Rights Act of 1964. 28
40	41		…." 29
41	42		SECTION 1.(b) This section becomes effective July 1, 2025, and applies to any 30
42	43		application for a mining permit pending on that date. 31
43	44		SECTION 2.(a) G.S. 130A-294(a)(4)c. reads as rewritten: 32
44	45		"c. The Department shall deny an application for a permit for a solid waste 33
45	46		management facility if the Department finds that: 34
46		-	… 35 General Assembly Of North Carolina Session 2025
47		-	Page 2 Senate Bill 597-First Edition
	47	+	… 35
	48	+	FILED SENATE
	49	+	Mar 25, 2025
	50	+	S.B. 597
	51	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRS15277-MH-18B
48	53		9. The cumulative impact of the proposed facility, when 1
49	54		considered in relation to other similar impacts of facilities 2
50	55		located or proposed in the community, would have a 3
51	56		disproportionate adverse impact on a low-income community 4
52	57		or a minority or low-income community protected by Title VI 5
53	58		of the federal Civil Rights Act of 1964. This subdivision shall 6
54	59		apply only to the extent required by federal law." 7
55	60		SECTION 2.(b) This section becomes effective July 1, 2025, and applies to any 8
56	61		application for a permit for a solid waste management facility that is pending on that date. 9
57	62		SECTION 3.(a) G.S. 113A-4 reads as rewritten: 10
58	63		"§ 113A-4. Cooperation of agencies; reports; availability of information. 11
59	64		The General Assembly authorizes and directs that, to the fullest extent possible: 12
60	65		… 13
61	66		(2) Every State agency shall include in every recommendation or report on any 14
62	67		action involving significant expenditure of public moneys or use of public 15
63	68		land for projects and programs significantly affecting the quality of the 16
64	69		environment of this State, a detailed statement by the responsible official 17
65	70		setting forth the following: 18
66	71		… 19
67	72		g. The cumulative impact of the proposed action (including the impact 20
68	73		on public health), when considered in relation to other similar impacts 21
69	74		of actions taken or proposed in the community, on a low-income 22
70	75		community or a minority community protected by Title VI of the 23
71	76		federal Civil Rights Act of 1964. 24
72	77		…." 25
73	78		SECTION 3.(b) This section becomes effective July 1, 2025, and applies to any 26
74	79		environmental documents for proposed actions submitted on or after that date. 27
75	80		SECTION 4.(a) G.S. 113A-120 reads as rewritten: 28
76	81		"§ 113A-120. Grant or denial of permits. 29
77	82		(a) The responsible official or body shall deny an application for a permit upon finding: 30
78	83		… 31
79	84		(9a) In any case, the proposed development, when considered in relation to other 32
80	85		similar impacts of developments located or proposed in the community, would 33
81	86		have a disproportionate adverse impact on a low-income community or a 34
82	87		minority community protected by Title VI of the federal Civil Rights Act of 35
83	88		1964. For purposes of this subdivision, "adverse impact" includes impacts on 36
84	89		public health. 37
85	90		(10) In any case, that the proposed development would contribute to cumulative 38
86	91		effects that would be inconsistent with the guidelines set forth in subdivisions 39
87	92		(1) through (9) (9a) of this subsection. Cumulative effects are impacts 40
88	93		attributable to the collective effects of a number of projects and include the 41
89	94		effects of additional projects similar to the requested permit in areas available 42
90	95		for development in the vicinity. 43
91	96		…." 44
92	97		SECTION 4.(b) This section becomes effective July 1, 2025, and applies to any 45
93	98		application for a permit that is pending on that date. 46
94	99		SECTION 5.(a) G.S. 130A-294(g) reads as rewritten: 47
95	100		"(g) The Commission shall develop and adopt standards for permitting of hazardous waste 48
96	101		facilities. Such standards shall be developed with, and provide for, public participation; shall 49
97	102		b21incorporated into rules; shall be consistent with all applicable federal and State law, including 50 General Assembly Of North Carolina Session 2025
98		-	~~Senate Bill 597-First Edition~~ Page 3
	103	+	DRS15277-MH-18B Page 3
99	104		statutes, regulations and rules; shall be developed and revised in light of the best available 1
100	105		scientific data; and shall be based on consideration of at least the following factors: 2
101	106		… 3
102	107		(7) Availability and reliability of public utilities; and 4
103	108		(8) Availability of emergency response personnel and equipment.equipment; and 5
104	109		(9) The cumulative impact of the proposed remediation (including the impact on 6
105	110		public health), when considered in relation to other similar impacts of actions 7
106	111		taken or proposed in the community, on a low-income community or a 8
107	112		minority community protected by Title VI of the federal Civil Rights Act of 9
108	113		1964." 10
109	114		SECTION 5.(b) This section becomes effective July 1, 2025, and applies to any 11
110	115		application for a permit of a hazardous waste facility that is pending on that date. 12
111	116		SECTION 6.(a) G.S. 130A-310.69 reads as rewritten: 13
112	117		"§ 130A-310.69. Remedial investigation report; remedial action plans. 14
113	118		… 15
114	119		(c) A remedial action plan shall also include an analysis of each of the following factors: 16
115	120		… 17
116	121		(5) The cumulative impact of the proposed remediation (including the impact on 18
117	122		public health), when considered in relation to other similar impacts of actions 19
118	123		taken or proposed in the community, on a low-income community or a 20
119	124		minority community protected by Title VI of the federal Civil Rights Act of 21
120	125		1964. 22
121	126		…." 23
122	127		SECTION 6.(b) This section becomes effective July 1, 2025, and applies to remedial 24
123	128		action plans submitted to the Department of Environmental Quality on or after that date. 25
124	129		SECTION 7.(a) G.S. 143-215.10C is amended by adding a new subsection to read: 26
125	130		"(d1) The Commission shall deny any application for a permit, a permit renewal, or a 27
126	131		certificate of coverage or renewal of a certificate of coverage under a general permit if it finds 28
127	132		that the cumulative impact of the proposed permit or certificate, when considered in relation to 29
128	133		other similar impacts of actions taken or proposed in the community, would have a 30
129	134		disproportionate adverse impact on a low-income community or a minority community protected 31
130	135		by Title VI of the federal Civil Rights Act of 1964. For purposes of this subsection, "adverse 32
131	136		impact" includes impacts on public health." 33
132	137		SECTION 7.(b) This section becomes effective July 1, 2025, and applies to any 34
133	138		application for a permit or permit renewal that is pending on that date. 35
134	139		SECTION 8.(a) G.S. 143-215.108(c) reads as rewritten: 36
135	140		"(c) The Commission shall have the power: 37
136	141		… 38
137	142		(9) With respect to permits required by Title V, to deny a permit application or 39
138	143		require suitable mitigation if it finds that the cumulative impact of the 40
139	144		proposed air contaminant source, when considered in relation to other similar 41
140	145		impacts of air contaminant sources permitted or proposed in the community, 42
141	146		would have a disproportionate adverse impact on a low-income community or 43
142	147		a minority community protected by Title VI of the federal Civil Rights Act of 44
143	148		1964. For purposes of this subdivision, "adverse impact" includes impacts on 45
144	149		public health." 46
145	150		SECTION 8.(b) This section becomes effective July 1, 2025, and applies to any 47
146	151		application for a permit or permit renewal that is pending on that date. 48
147	152		SECTION 9.(a) G.S. 143-215.1(b)(4) reads as rewritten: 49
148	153		"(4) The Commission shall have the power: 50
149	154		… 51 General Assembly Of North Carolina Session 2025
150		-	Page 4 ~~Senate Bill 597-First Edition~~
	155	+	Page 4 DRS15277-MH-18B
151	156		g. To deny a permit or the renewal of a permit when the Commission 1
152	157		finds that the cumulative impact of the proposed action, when 2
153	158		considered in relation to other similar impacts of actions taken or 3
154	159		proposed in the community, would have a disproportionate adverse 4
155	160		impact on a low-income community or a minority community 5
156	161		protected by Title VI of the federal Civil Rights Act of 1964. For 6
157	162		purposes of this sub-subdivision, "adverse impact" includes impacts 7
158	163		on public health." 8
159	164		SECTION 9.(b) This section becomes effective July 1, 2025, and applies to any 9
160	165		application for a permit that is pending on that date. 10
161	166		SECTION 10. Article 7 of Chapter 143B of the General Statutes is amended by 11
162	167		adding a new section to read: 12
163	168		"§ 143B-279.21. Enhanced public participation for overburdened communities. 13
164	169		(a) When the Department of Environmental Quality or any Commission with permitting 14
165	170		authority created by this Article considers an application for a permit or approval for a new or 15
166	171		expanded facility, source, or project in an overburdened community, the Department or 16
167	172		Commission must hold at least one public hearing in the overburdened community, provide 60 17
168	173		days' advance notice of the hearing, and include in the hearing officer's report a response to 18
169	174		community input received at the hearing or in response to the notice. The hearing required by 19
170	175		this section shall be in addition to any other public participation required by applicable law. 20
171	176		(b) The following definitions apply in this section: 21
172	177		(1) Community of color. – A distinct geographic area in which the share of the 22
173	178		population of any of the following categories of individuals is higher than that 23
174	179		category's share of the State population as a whole: 24
175	180		a. African American. 25
176	181		b. Asian and Pacific Islander. 26
177	182		c. Hispanic. 27
178	183		d. Latino. 28
179	184		e. Member of a federally recognized Native American tribe or a Native 29
180	185		American tribe recognized under Chapter 71A of the General Statutes. 30
181	186		f. Other non-white race. 31
182	187		g. Linguistically isolated. 32
183	188		(2) Linguistically isolated. – Households in which all members age 14 years and 33
184	189		older speak a language other than English and also have limited proficiency 34
185	190		in English. 35
186	191		(3) Low-income household. – Households with a household income equal to or 36
187	192		less than the greater of (i) eighty percent (80%) of the median income of the 37
188	193		area in which the household is located and (ii) two hundred percent (200%) of 38
189	194		the federal poverty level. 39
190	195		(4) Overburdened community. – A census block, as designated by the most recent 40
191	196		census of the U.S. Census Bureau, in which at least thirty percent (30%) of 41
192	197		the households qualify as low-income households, or a geographically distinct 42
193	198		area that is a community of color." 43
194	199		SECTION 11. Except as otherwise specified, this act is effective when it becomes 44
195	200		law. 45