S1700

An Act concerning environmental permits in certain areas, and supplementing Title 13 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

“Burdened community” means an area within a municipality that is designated as such pursuant to the provisions of subsection b. of section 2 of this act.

“Household income” means income as defined for the purposes of determining eligibility for a free or reduced price lunch pursuant to the federal school lunch program.

“Low-income household” means a residence with a household income that does not exceed 2.50 times the official federal poverty level based on family size, established and adjusted under the federal “Community Services Block Grant Act,” 42 U.S.C. s.9902(2), for the year preceding the year in which a designation of a burdened community is sought.

“Minority group” means any group enjoying special protection under the civil rights provisions of the Constitution of the United States and the federal “Voting Rights Act of 1965,” 52 U.S.C. s.10301 et seq., as amended and supplemented.

“Permit” means any permit, registration or license issued by the Department of Environmental Protection establishing the regulatory and management requirements for an ongoing regulated activity as authorized by federal law or the following State laws: R.S.12:5-1 et seq.; P.L.1975, c.232 (C.13:1D-29 et al.); the “Solid Waste Management Act,” P.L.1970, c.39 (C.13:1E-1 et seq.); section 17 of P.L.1975, c.326 (C.13:1E-26); the “Comprehensive Regulated Medical Waste Management Act,” P.L.1989, c.34 (C.13:1E-48.1 et al.); P.L.1989, c.151 (C.13:1E-99.21a et al.); the “New Jersey Statewide Mandatory Source Separation and Recycling Act,” P.L.1987, c.102 (C.13:1E-99.11 et al.); the “Pesticide Control Act of 1971,” P.L.1971, c.176 (C.13:1F-1 et seq.); the “Industrial Site Recovery Act,” P.L.1983, c.330 (C.13:1K-6 et al.); the “Toxic Catastrophe Prevention Act,” P.L.1985, c.403 (C.13:1K-19 et seq.); “The Wetlands Act of 1970,” P.L.1970, c.272 (C.13:9A-1 et seq.); the “Freshwater Wetlands Protection Act,” P.L.1987, c.156 (C.13:9B-1 et al.); the “Coastal Area Facility Review Act,” P.L.1973, c.185 (C.13:19-1 et seq.); the “Highlands Water Protection and Planning Act,” P.L.2004, c.120 (C.13:20-1 et seq.), the “Air Pollution Control Act (1954),” P.L.1954, c.212 (C.26:2C-1 et seq.); the “Water Supply Management Act,” P.L.1981, c.262 (C.58:1A-1 et al.); P.L.1947, c.377 (C.58:4A-5 et seq.); the “Water Pollution Control Act,” P.L.1977, c.74 (C.58:10A-1 et seq.); P.L.1986, c.102 (C.58:10A-21 et seq.); the “Safe Drinking Water Act,” P.L.1977, c.224 (C.58:12A-1 et al.); the “Flood Hazard Area Control Act,” P.L.1962, c.19 (C.58:16A-50 et seq.).

“Person” means any individual, corporation, company, partnership, firm, association, political subdivision of this State, or State or interstate agency.

2. a. The Department of Environmental Protection shall designate an area within any municipality in the State a burdened community pursuant to the provisions of this section. The department may designate an area a burdened community pursuant to a petition filed by any person or upon its own initiative. The department shall grant or deny a petition within 60 days of its receipt. A person who petitions the department to designate an area within the municipality a burdened community shall include in the application:

(1) A map of the area that is the subject of the application;

(2) A list of the facilities in the area for which the department has issued a permit the affect the public health, the environment, and the quality of life in the community;

(3) Any demographic or household information that will assist the department in assessing the income levels in the area;

(4) The name and contact information of a designated representative of the burdened community; and

(5) Any other information the applicant deems relevant concerning the conditions in the area that is the subject of the application.

b. The department shall designate an area a burdened community upon a finding that the area meets the following criteria:

(1) At least one-half of the households in the area qualify as low-income households;

(2) At least one-half of the area's residents are members of a minority group;

(3) There is in the area at least one “major facility” as defined pursuant to section 2 of P.L.1954, c.212 (C.26:2C-2);

(4) There is in the area at least one property that is included on the list of known hazardous discharge sites maintained pursuant to the provisions of P.L.1982, c.202 (C.58:10-23.15 et seq.); and

(5) There is in the area at least one facility:

(a) that has been issued a permit pursuant to the provisions of P.L.1977, c.74 (C.58:10A-1 et seq.);

(b) regulated pursuant to the provisions of P.L.1985, c.403 (C.13:1K-19 et seq.); or

c. Upon designating an area a burdened community, the department shall notify the governing body of the municipality in which the area is located, the applicant, as applicable, and any community leaders as appropriate. Upon consultation with the governing body of the municipality in which the burdened community is located, and the petitioner if applicable, the department shall designate a representative of the burdened community.

3. a. The Department of Environmental Protection shall not grant a permit for a project located in a burdened community unless the department first:

(1) Prepares a report assessing the environmental impact of the proposed project including any cumulative impacts on the community, any adverse environmental effects that cannot be avoided should the permit be granted, and the public health impact on the burdened community of the proposed project;

(2) Transmits the report required to be prepared pursuant to paragraph (1) of this subsection at least 30 days in advance of the public hearing required pursuant to paragraph (3) of this subsection to the governing body and the clerk of the municipality in which the burdened community is located, the permit applicant, and the designated representative of the burdened community. The report shall be made available to the public at least 30 days prior to the public hearing required pursuant to paragraph (3) of this subsection; and

(3) Conducts a public hearing in a location convenient as much as possible to all interested parties at least 30 days prior to issuing a decision on a permit application. Public notices of the hearing shall be published in at least two newspapers circulating within the burdened community not less than 21 days prior to the hearings. At least 14 days prior to the date set for such hearing, a copy of the public notice shall be sent to the governing body and the clerk of the municipality in which the burdened community is located, the permit applicant, and the designated representative of the burdened community. Following the public hearing, the commissioner shall consider the testimony presented and evaluate any revisions or conditions to the permit that may be necessary to reduce the adverse impact to the public health or to the environment in the burdened community.

b. Notwithstanding the provisions of any other law, or rule or regulation adopted pursuant thereto, to the contrary, the department may deny a permit application in a burdened community upon a finding that the approval of the permit would, together with the cumulative adverse health and environmental impacts posed by the existing conditions, including conditions resulting from permitted activities, in the burdened community, constitute an unreasonable risk to the health of the residents of the burdened community and to the environment in the community.

c. The department shall not approve a permit application for a project in a burdened community unless the governing body of the municipality in which the burdened community is located adopts an ordinance approving the project.

4. The Department of Environmental Protection may adopt, pursuant to the provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) rules and regulations to implement the provisions of this act.

5. This act shall take effect on the 180th day after enactment.

STATEMENT

This bill would authorize the Department of Environmental Protection (DEP) to designate an area within a municipality a “burdened community” and, prior to a DEP determination on a permit application in a burdened community, require an additional environmental evaluation and a public hearing. A burdened community is one in which at least one-half of the households in the area qualify as low-income households, at least one-half of the residents are members of a minority group, and there is at least one “major facility” regulated pursuant to the “Air Pollution Control Act (1954), at least one property that is included on the list of known hazardous discharge sites maintained pursuant to the provisions of P.L.1982, c.202 (C.58:10-23.15 et seq.), and there is one facility regulated pursuant to (1) the “Water Pollution Control Act,” (2) the “Toxic Catastrophe Prevention Act,” or (3) the “Solid Waste Management Act.”

Before any permit is approved in a burdened community, the DEP would be required to prepare a report assessing the environmental impact of the proposed project and conduct a public hearing in a location convenient as much as possible to all interested parties. Following the public hearing, the DEP would be required to consider the testimony presented and evaluate any revisions or conditions to the permit that may be necessary to reduce the adverse impact on the public health or to the environment in the burdened community. The bill authorizes the department to deny a permit application in a burdened community upon a finding that the approval of the permit would, together with the cumulative adverse health and environmental impacts posed by the existing conditions, including conditions resulting from permitted activities, in the burdened community, constitute an unreasonable risk to the health of the residents of the burdened community and to the environment in the community.

Finally, the bill would prohibit the department from approving a permit unless the governing body of the municipality in which the burdened community is located adopts an ordinance approving the project.