Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB796 Compare Versions

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

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 796
5	5	December 8, 2023 - Introduced by Representatives STUBBS, CABRERA, MADISON,
6	6	MOORE OMOKUNDE, CONSIDINE, EMERSON, ANDRACA, PALMERI, CONLEY, SUBECK,
7	7	JOERS, NEUBAUER, RATCLIFF, BALDEH, J. ANDERSON, OHNSTAD, CLANCY,
8	8	SHANKLAND, SHELTON and SINICKI, cosponsored by Senators TAYLOR, L.
9	9	JOHNSON, AGARD, ROYS, SPREITZER and LARSON. Referred to Committee on
10	10	Environment.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to create 23.405 of the statutes; relating to: report on environmental
13	13	impacts to vulnerable communities and granting rule-making authority.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill prohibits the Department of Natural Resources from issuing certain
16	16	permits for the operation of a facility that is located in a vulnerable community
17	17	unless the permit applicant complies with required reporting requirements.
18	18	“Vulnerable community” is defined as any census block group in which at least 50
19	19	percent of the households qualify as low-income households and either of the
20	20	following apply: 1) at least 40 percent of the residents identify as Black, African
21	21	American, Asian American, Hispanic, or Latino or as members of a federally
22	22	recognized Indian tribe or band, or 2) at least 40 percent of the households have
23	23	limited English proficiency.
24	24	Under current law, DNR issues various permits for the operation of facilities
25	25	as part of DNR's regulation of air and water pollution and hazardous and solid waste.
26	26	Under the bill, DNR may not issue permits for those facilities located in vulnerable
27	27	communities unless the permit applicant 1) prepares a report assessing the
28	28	environmental impact of the facility, 2) makes the report available to the public and
29	29	provides the report to DNR and to the municipality in which the vulnerable
30	30	community is located, and 3) conducts a public hearing in the municipality in which
31	31	the vulnerable community is located.
32	32	DNR must consider community support and any testimony presented at the
33	33	public hearing in its decision to grant or deny a permit and must evaluate revisions
34	34	or conditions to the permit that may be necessary to reduce the adverse impact to
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38	38	ASSEMBLY BILL 796
39	39	public health or to the environment in the vulnerable community. DNR may deny
40	40	an application for a permit for a facility in a vulnerable community if DNR finds that
41	41	the cumulative impact of the facility that would be covered by the permit, in addition
42	42	to the existing conditions in the vulnerable community, constitute an unreasonable
43	43	risk to the environment and the health of the residents in the vulnerable community.
44	44	For further information see the state fiscal estimate, which will be printed as
45	45	an appendix to this bill.
46	46	The people of the state of Wisconsin, represented in senate and assembly, do
47	47	enact as follows:
48	48	SECTION 1. 23.405 of the statutes is created to read:
49	49	23.405 Report on environmental impacts to vulnerable communities.
50	50	(1) In this section:
51	51	(a) “Cumulative impacts” means the combined past, present, and foreseeable
52	52	future emissions and discharges occurring in a specific geographical area that are
53	53	assessed based upon guidance issued by the department for exposure, public health
54	54	or environmental risk, or other effects to the geographical area.
55	55	(b) “Facility” means any facility, the operation of which requires a permit issued
56	56	by the department under ch. 283, 285, 289, or 291.
57	57	(c) “Limited English proficiency” means a household without an adult that
58	58	speaks English “very well” according to the U.S. bureau of the census.
59	59	(d) “Low-income household” means a household with an income that is not
60	60	more than 200 percent of the federal poverty level as determined annually by the
61	61	U.S. bureau of the census.
62	62	(e) “Vulnerable community” means any census block group, as delineated in the
63	63	most recent federal decennial census, in which at least 50 percent of the households
64	64	qualify as low-income households and any of the following apply:
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84	84	SECTION 1
85	85	ASSEMBLY BILL 796
86	86	1. Not less than 40 percent of the residents of the census block group identify
87	87	as Black, African American, Asian American, Hispanic, or Latino or as members of
88	88	a federally recognized Indian tribe or band located in this state.
89	89	2. Not less than 40 percent of the households in the census block group have
90	90	limited English proficiency.
91	91	(2) The department shall identify and maintain a list of vulnerable
92	92	communities in the state. The department shall update the list as necessary to
93	93	reflect the most recent data on household income and the most recent federal
94	94	decennial census.
95	95	(3) The department may not issue a permit under ch. 283, 285, 289, or 291 for
96	96	the operation of a facility that is located wholly or partly within a vulnerable
97	97	community unless the permit applicant does all of the following:
98	98	(a) Prepares a report assessing the environmental impact of the facility,
99	99	including any cumulative impacts on the vulnerable community, any adverse
100	100	environmental effects that could not be avoided if the permit were issued, and the
101	101	public health impact on the vulnerable community.
102	102	(b) Makes the report available to the public and provides the report to the
103	103	department and the governing body and municipal clerk for the municipality in
104	104	which the vulnerable community is located.
105	105	(c) Not less than 30 days after providing the report to the department and the
106	106	governing body and municipal clerk under par. (b), conducts a public hearing in the
107	107	municipality in which the vulnerable community is located. The permit applicant
108	108	shall conduct the public hearing in a manner that provides clear, accurate, and
109	109	complete information about the facility and that provides the opportunity for
110	110	meaningful public participation by residents of the vulnerable community. Not less
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137	137	SECTION 1 ASSEMBLY BILL 796
138	138	than 21 days prior to the hearing, the permit applicant shall publish public notices
139	139	of the hearing in no fewer than 2 newspapers circulating within the vulnerable
140	140	community. Not less than 14 days prior to the hearing, the permit applicant shall
141	141	provide a copy of the public notice to the department and the governing body and the
142	142	municipal clerk of the municipality in which the vulnerable community is located.
143	143	(4) If a permit applicant is applying for more than one permit for a proposed
144	144	new or expanded facility that is subject to sub. (3), the permit applicant is not
145	145	required to comply with sub. (3) more than once for permits applicable to that facility.
146	146	(5) Following a public hearing conducted under sub. (3) (c), the department
147	147	shall consider community support and any testimony presented in its decision to
148	148	grant or deny a permit and shall evaluate any revisions or conditions to the permit
149	149	that may be necessary to reduce the adverse impact to public health or to the
150	150	environment in the vulnerable community.
151	151	(6) The department shall issue a decision on a permit application that is subject
152	152	to sub. (3) not less than 60 days following the public hearing held as required by sub.
153	153	(3) (c). The department may deny an application for a permit for the operation of a
154	154	facility that is located wholly or partly within a vulnerable community if the
155	155	department finds that the cumulative impact of the facility, in addition to the
156	156	existing conditions in the vulnerable community, constitute an unreasonable risk to
157	157	the environment and the health of the residents in the vulnerable community.
158	158	(7) The department may promulgate any rules necessary to administer this
159	159	section.
160	160	SECTION 2.0Effective dates. This act takes effect on the first day of the 6th
161	161	month beginning after publication, except as follows:
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186	186	LRB-0136/1
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188	188	SECTION 2
189	189	ASSEMBLY BILL 796
190	190	(1) The treatment of s. 23.405 (1) (c), (d), and (e) and (2) takes effect on first day
191	191	of the 4th month beginning after publication.
192	192	(END)
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