ENVIRONMENTAL JUSTICE CONSIDERATIONS.

View NCGA Bill Details2021
House Bill 784 (Public) Filed Monday, May 3, 2021
AN ACT TO REQUIRE CONSIDERATION OF THE CUMULATIVE IMPACT OF A PROPOSED ENVIRONMENTAL PERMITTING DECISION ON MINORITY OR LOW-INCOME COMMUNITIES AND TO PROVIDE ENHANCED PUBLIC PARTICIPATION OPPORTUNITIES FOR PERMITTING DECISIONS IMPACTING OVERBURDENED COMMUNITIES.
Intro. by Harrison, K. Smith, Graham, Reives.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (May 4 2021)
H 784

Bill Summaries:

  • Summary date: May 3 2021 - More information

    Amends GS 130A-294(a)(4), which prohibits issuing a permit for a solid waste management facility if the cumulative impact of the proposed facility would have a disproportionate adverse impact on a low-income community or a minority or low-income community protected by Title VI  of the federal Civil Rights Act of 1964. Removes the provision limiting applicability only to the extent it is required by federal law. Effective July 1, 2021, and applies to any application for a permit for a solid waste management facility pending on that date. 

    Amends GS 113A-4 to require every State agency to include in every recommendation or report on any action involving significant expenditure of public moneys or use of public land for projects and programs significantly affecting the quality of the state's environment a detailed statement by the responsible official setting forth the cumulative impact of the proposed action (including the impact on public health), when considered in relation to other similar impacts of actions taken or proposed in the community, on a low-income community or a minority community protected by Title VI of the federal Civil Rights Act of 1964. Effective July 1, 2021, and applies to any environmental documents for proposed actions submitted on or after that date.

    Amends GS 113A-120 to require denying a development permit upon finding that the proposed development, when considered in relation to other similar impacts of developments located or proposed in the community, would have a disproportionate adverse impact (including impacts on public health) on a low-income community or a minority community protected by Title VI of the federal Civil Rights Act of 1964. Effective July 1, 2021, and applies to any application for a permit pending on that date.

    Amends GS 130A-310.69 to require a remedial action plan to include an analysis of the cumulative impact of the proposed remediation (including the impact on public health), when considered in relation to other similar impacts of actions taken or proposed in the community on a low-income community or a minority community protected by Title VI of the federal Civil Rights Act of 1964. Effective July 1, 2021, and applies to remedial action plans submitted to the Department of Environmental Quality on or after that date.

    Amends GS 143-215.10C to require denial of a permit application or permit renewal for an animal waste management system if it finds that the cumulative impact of the proposed permit, when considered in relation to other similar impacts of actions taken or proposed in the community, would have a disproportionate adverse impact (including impacts on public health) on a low-income community or a minority community protected by Title VI of the federal Civil Rights Act of 1964. Effective July 1, 2021, and applies to any application for a permit or permit renewal pending on that date.

    Amends GS 143-215.108 to give the North Carolina Environmental Management Commission (EMC) the power to deny applications for permits required under Title V, or to require suitable mitigation if it finds that the cumulative impact of the proposed air contaminant source, when considered in relation to other similar impacts of air contaminant sources permitted or proposed in the community, would have a disproportionate adverse impact (including impacts on public health) on a low-income community or a minority community protected by Title VI of the federal Civil Rights Act of 1964. Effective July 1, 2021, and applies to any application for a permit or permit renewal pending on that date.

    Amends GS 143-215.1 to give the EMC the power to deny any of the permitted activities impacting water quality under the statute or the renewal of those permits when the Commission finds that the cumulative impact of the proposed action, when considered in relation to other similar impacts of actions taken or proposed in the community, would have a disproportionate adverse impact (including impacts on public health) on a low-income community or a minority community protected by Title VI of the federal Civil Rights Act of 1964. Effective July 1, 2021, and applies to any application for a permit pending on that date.

    Enacts new GS 143B-279.18 requiring that when the Department of Environmental Quality or any Commission with permitting authority under Article 7 (Department of Environmental Quality) considers an application for a permit or approval for a new or expanded facility, source, or project in an overburdened community, at least one public hearing must be held in the overburdened community, there must be 60 days' advance notice of the hearing, and the hearing officer's report must include a response to community input received at the hearing or in response to the notice. Sets out defined terms for the statute, including defining overburdened community as a census block, as designated by the most recent census of the US Census Bureau, in which at least 30% of the households qualify as low-income households, or a geographically distinct area that is a community of color.


Printer-friendly: Click to view