Rhode Island 2023 Regular Session

Rhode Island House Bill H6196 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 6196
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7	7	LC002637
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENVIRONMENTAL JUSTIC E
16	16	ACT
17	17	Introduced By: Representatives Alzate, Batista, Giraldo, Potter, Boylan, Speakman,
18	18	Henries, Felix, Morales, and Tanzi
19	19	Date Introduced: March 24, 2023
20	20	Referred To: House Environment and Natural Resources
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND 1
25	25	GOVERNMENT" is hereby amended by adding thereto the following chapter: 2
26	26	CHAPTER 17.11 3
27	27	ENVIRONMENTAL JUSTICE ACT 4
28	28	42-17.11-1. Short title. 5
29	29	This chapter shall be known and may be cited as the "Environmental Justice Act". 6
30	30	42-17.11-2. Definitions. 7
31	31	As used in this chapter: 8
32	32	(1) "Council" means the coastal resources management council. 9
33	33	(2) "Cumulative impacts" means an exposure, public health or environmental risk, or other 10
34	34	effect occurring in a specific geographical area, including from any environmental pollution 11
35	35	emitted or released routinely, accidentally, or otherwise, from any source, and assessed based on 12
36	36	the combined past, present, and reasonably foreseeable future emissions and discharges affecting 13
37	37	the geographical area. "Cumulative impacts" shall be evaluated based on any applicable guidance 14
38	38	issued by the department. 15
39	39	(3) "Department" means the department of environmental management (DEM). 16
40	40	(4) "Director" means the director of the department of environmental management. 17
41	41	(5) "Environmental justice" means the fair treatment and meaningful involvement of all 18
42	42
43	43
44	44	LC002637 - Page 2 of 7
45	45	people regardless of race, color, national origin, English language proficiency, or income with 1
46	46	respect to the development, implementation, and enforcement of environmental laws, regulations, 2
47	47	and policies. 3
48	48	(6) "Environmental justice focus area" means a neighborhood, community, census tract or 4
49	49	other geographically bounded region that meets one or more of the following criteria and has been 5
50	50	designated as such pursuant to § 42-17.11-3: 6
51	51	(i) Annual median household income is not more that sixty-five percent (65%) of the 7
52	52	statewide annual median household income; 8
53	53	(ii) Minority population is equal to or greater than forty percent (40%) of the population; 9
54	54	(iii) Twenty-five percent (25%) or more of the households lack English language 10
55	55	proficiency; or 11
56	56	(iv) Minorities comprise twenty-five percent (25%) or more of the population and the 12
57	57	annual median household income of the municipality in the proposed area does not exceed one 13
58	58	hundred fifty percent (150%) of the statewide annual median household income. 14
59	59	(8) "Fair treatment" means no group of people should bear a disproportionate share of the 15
60	60	negative environmental consequences resulting from industrial, governmental, or commercial 16
61	61	operations or policies. 17
62	62	(9) "Meaningful involvement" means: 18
63	63	(i) People have an opportunity to participate in decisions about activities that may affect 19
64	64	their environment and/or health; 20
65	65	(ii) The public's contribution can influence the regulatory agency's decision; 21
66	66	(iii) Community concerns will be considered in the decision-making process; and 22
67	67	(iv) Decision makers will seek out and facilitate the involvement of those potentially 23
68	68	affected. 24
69	69	(10) "Permit" means any permit, registration, or license issued or renewed by the 25
70	70	department or the council establishing the regulatory and management requirements for a regulated 26
71	71	activity as authorized by federal law or state law where there is a possibility of cumulative impacts 27
72	72	in an environmental justice focus area, including any consistency determination made by the 28
73	73	council. 29
74	74	(11) "Permitted activity" means permitting for any of the following facilities: 30
75	75	(i) Electric generating facility; 31
76	76	(ii) Resource recovery facility or incinerator; 32
77	77	(iii) Sludge combustor facility or incinerator; 33
78	78	(iv) Transfer station, recycling center, or other solid waste facility; 34
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80	80
81	81	LC002637 - Page 3 of 7
82	82	(v) Landfill, including, but not limited to, a landfill that accepts ash, construction or 1
83	83	demolition debris, or solid waste; 2
84	84	(vi) Medical waste incinerator; 3
85	85	(vii) Pyrolysis or gasification facility; 4
86	86	(viii) Scrap metal facility; 5
87	87	(ix) Auto salvage operations and/or facility; 6
88	88	(x) Asphalt plant; 7
89	89	(xi) Petroleum storage facility; 8
90	90	(xii) Ethylene oxide manufacturing and/or storage facility; 9
91	91	(xiii) Construction and/or demolition debris processing facility; or 10
92	92	(xiv) The renewal of any permit listed in this definition. 11
93	93	42-17.11-3. Establishment of environmental justice areas. 12
94	94	(a) No later than nine (9) months after the effective date of this chapter, the department 13
95	95	shall propose the designation of environmental justice focus areas in the state. The department shall 14
96	96	periodically, upon the publication of either the federal decennial census or an update to the relevant 15
97	97	state or federal data, propose new designations or the removal thereof. 16
98	98	(b) The director may propose additional designations of an environmental justice focus 17
99	99	area upon the petition of at least ten (10) residents of a geographically bounded area. In order to be 18
100	100	considered, the petition shall include a detailed statement explaining why the area was not initially 19
101	101	included and provide justification for its designation as an environmental justice area. 20
102	102	(c) Within six (6) months of any proposed designation or removal of designation, the 21
103	103	department shall: 22
104	104	(1) Prepare and publish a report establishing the justification for its designation or the 23
105	105	removal of its designation. 24
106	106	(2) Transmit the report prepared pursuant to subsection (c)(1) of this section at least thirty 25
107	107	(30) days in advance of the public hearing required pursuant to subsection (c)(3) of this section to 26
108	108	the governing body and clerk of the municipality in which the environmental justice focus area 27
109	109	designation is being considered. The public shall be notified of the proposed change in designation 28
110	110	via publication through the council's and the department's websites and through a newspaper, 29
111	111	newsletters or other media that specifically focus on the community near the site. 30
112	112	(3) Organize and conduct a public hearing that provides for the fair treatment and 31
113	113	meaningful participation of the public. The department shall publish public notices of the hearing 32
114	114	through the department's websites and through a newspaper, newsletter and other media that 33
115	115	specifically focus on the community near the site not less than twenty-one (21) days prior to the 34
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118	118	LC002637 - Page 4 of 7
119	119	hearing. When appropriate, the notices shall be published in Spanish, Portuguese and other 1
120	120	languages. At least fourteen (14) days prior to the date set for such hearing, a copy of the public 2
121	121	notice shall be sent to the governing body and the clerk of the municipality in which the 3
122	122	environmental justice focus area designation is being made. At the public hearing, the department 4
123	123	shall present its report and take public comment regarding the designation at that time or by written 5
124	124	comment following the hearing until such time as a designation is made. The department shall make 6
125	125	available a transcript of the hearings to an interested party upon request. 7
126	126	(d) No later than thirty (30) days after any public hearing held pursuant to subsection (c)(3) 8
127	127	of this section, the department shall either make final or rescind its designation of an environmental 9
128	128	justice focus area. Such determination shall contain the department’s findings and response to the 10
129	129	public comment received. The department, when evaluating the designation, shall assess the 11
130	130	community support for the designation, as demonstrated through the public hearing conducted 12
131	131	pursuant to subsection (c)(3) of this section, letters of support for, or opposition to, the proposed 13
132	132	new or expanded facility, and any ordinance or resolution adopted by the governing body of the 14
133	133	municipality in which the environmental justice focus area is located. The department shall rescind 15
134	134	the designation upon a finding of: 16
135	135	(1) The annual median household income of the proposed area is greater than one hundred 17
136	136	twenty-five percent (125%) of the statewide median household income; 18
137	137	(2) A majority of persons age twenty-five (25) years and older in the proposed area have a 19
138	138	college education; 20
139	139	(3) The proposed area does not bear an unfair burden of environmental pollution; or 21
140	140	(4) The designation is not supported by the community as demonstrated by the public 22
141	141	hearing held pursuant to subsection (c)(3) of this section. 23
142	142	(e) Not later than sixty (60) days after making the designation of an environmental justice 24
143	143	focus area final, the governing body of the municipality in which the environmental justice focus 25
144	144	area is located, after providing for the fair treatment and meaningful participation of the public, 26
145	145	shall designate a representative of the environmental justice focus area. 27
146	146	42-17.11-4. Permit requirements in an environmental justice focus area. 28
147	147	(a) The department and the council shall not approve any permitted activity in an 29
148	148	environmental justice focus area or within one-half (1/2) mile of an environmental justice focus 30
149	149	area, unless the permit applicant first: 31
150	150	(1) Prepares a report assessing the environmental impact of the proposed permitted activity, 32
151	151	including any cumulative impacts on the environmental justice focus area, any adverse 33
152	152	environmental effects that cannot be avoided should the permit be granted, and the public health 34
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154	154
155	155	LC002637 - Page 5 of 7
156	156	impact on the environmental justice focus area of the proposed permitted activity; 1
157	157	(2) Transmits the report required to be prepared pursuant to subsection (a)(1) of this section 2
158	158	at least thirty (30) days in advance of the public hearing required pursuant to subsection (a)(3) of 3
159	159	this section to the department or council, the governing body and the clerk of the municipality in 4
160	160	which the environmental justice focus area is located, and the designated representative of the 5
161	161	environmental justice focus area. The report shall be made available to the public at least thirty (30) 6
162	162	days prior to the public hearing required pursuant to subsection (a)(3) of this section; and 7
163	163	(3) Organizes and conducts a public hearing that provides for the fair treatment and 8
164	164	meaningful involvement of the public. The permit applicant shall publish public notices of the 9
165	165	hearing through the council and/or department's website and through a newspaper, newsletters and 10
166	166	other media that specifically focus on the community near the site not less than twenty-one (21) 11
167	167	days prior to the hearing. When appropriate, the notices shall be published in Spanish, Portuguese 12
168	168	or other languages. At least fourteen (14) days prior to the date set for such hearing, a copy of the 13
169	169	public notice shall be sent to the department or the council, the governing body and the clerk of the 14
170	170	municipality in which the environmental justice focus area is located, and the designated 15
171	171	representative of the environmental justice focus area. At the public hearing, the permit applicant 16
172	172	shall provide clear, accurate, and complete information about the proposed permitted activity and 17
173	173	the potential environmental and health impacts of the permitted activity. The council and/or 18
174	174	department, in addition to receiving testimony during the public hearing, shall accept written 19
175	175	testimony or comments following the public hearing until such time as a decision on the permit is 20
176	176	issued. The applicant shall within seven (7) days provide a transcript of the public hearing to the 21
177	177	department, who shall make it available to an interested party upon request. 22
178	178	(b) The department or council shall not issue a decision on the permit application until at 23
179	179	least forty-five (45) days after the public hearing held pursuant to subsection (a)(3) of this section. 24
180	180	Notwithstanding the provisions of any other law, or rule or regulation adopted pursuant thereto to 25
181	181	the contrary, the department or council may deny a permit application in an environmental justice 26
182	182	focus area upon a finding that the approval of the permit would, together with the cumulative 27
183	183	impacts posed by the existing conditions, including conditions resulting from already permitted 28
184	184	activities, in the environmental justice focus area, constitute an unreasonable risk to the health of 29
185	185	the residents of the environmental justice focus area or to the environment in the environmental 30
186	186	justice focus area. 31
187	187	(c) The department or council, when evaluating an application for a permit pursuant to this 32
188	188	section, shall assess the community support for the proposed permitted activity, as demonstrated 33
189	189	through the public hearing conducted pursuant to subsection (a)(3) of this section, letters of support 34
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192	192	LC002637 - Page 6 of 7
193	193	for, or opposition to, the proposed permitted activity, and any ordinance or resolution adopted by 1
194	194	the governing body of the municipality in which the environmental justice focus area is located. 2
195	195	Community support or opposition alone shall be insufficient grounds on which to approve or deny 3
196	196	a permit, though the department shall respond to any claim made by members of the public, their 4
197	197	representatives, and/or their experts that the proposed permit is inconsistent with an applicable law, 5
198	198	rule or regulation. 6
199	199	(d) If a permit applicant is applying for more than one permit for a proposed permitted 7
200	200	activity, the permit applicant shall only be required to comply with the provisions of this section 8
201	201	once for the same facility in the same location, unless the department, in its discretion, determines 9
202	202	that more than one public hearing is necessary due to the complexity of the proposed permitted 10
203	203	activity. Nothing in this section shall be construed to limit the authority of the department to hold 11
204	204	or require additional public hearings. 12
205	205	42-17.11-5. Implementation. 13
206	206	(a) The department and council shall adopt rules and regulations to implement the 14
207	207	provisions of this chapter. 15
208	208	(b) The department may issue guidance on how to evaluate cumulative impacts pursuant 16
209	209	to § 42-17.11-4(a)(1). The department shall publish the guidance document on its website. 17
210	210	SECTION 2. This act shall take effect upon passage. 18
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212	212	LC002637
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216	216	LC002637 - Page 7 of 7
217	217	EXPLANATION
218	218	BY THE LEGISLATIVE COUNCIL
219	219	OF
220	220	A N A C T
221	221	RELATING TO STATE AFFAIRS AND GOVERNMENT -- ENVIRONMENTAL JUSTIC E
222	222	ACT
223	223	***
224	224	This act would require the department of environmental management to create a list of 1
225	225	environmental justice areas. Upon adoption of the list of environmental justice areas, the act would 2
226	226	establish requirements which would have to be met by an applicant prior to the department of 3
227	227	environmental management (DEM) or the coastal resources management council (CRMC) issuing 4
228	228	permits for an activity that would have an environmental impact or would increase the cumulative 5
229	229	impacts on an environmental justice area. 6
230	230	This act would take effect upon passage. 7
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232	232	LC002637
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