Signed by Governor Phil Murphy

Vote Smart's Synopsis:

Vote to pass a bill that requires the Department of Environmental Protection to evaluate environmental and public health stressors of certain facilities in overburdened communities.

Highlights:

• Requires the Department of Environmental Protection (DEP) to publish and maintain on its website a list of overburdened communities in the state and update the list at least once every 2 years, no later than 120 days after the effective date of this act (Sec 3).

• Defines “overburdened community” as any census block group, as determined in accordance with the most recent United States Census, in which (Sec 2):

• At least 35 percent of the households qualify as low-income households;

• At least 40 percent of the residents identify as minority or as members of a state-recognized tribal community; or

• At least 40 percent of the households have limited English proficiency.

• Prohibits the DEP from considering the application for a permit for a new or expanding facility, or any application for the renewal of an existing facility’s major source permit, if the facility is located in an overburdened community unless the permit applicant first (Sec 4):

• Prepares an environmental justice impact statement that assesses the potential environmental and public health stressors associated with the proposed new or expanded facility, including an adverse environmental or public health stressors that cannot be avoided if the permit is granted, and the environmental or public health stresses already on the overburdened community; 

• Transmits the environmental justice impact statement at least 60 days in advance of the public hearing to the DEP, the governing body, and the clerk of the municipality; and

• Organizes and conducts a public hearing in the overburdened community.

• Prohibits the DEP from issuing a decision on an application for a permit for a new or expanding facility, or an application for the renewal of an existing facility’s major source permit if the facility is located in an overburdened area until at least 45 days after the public hearing (Sec 4).

• Requires the DEP to deny a permit for a new or expanding facility or apply new conditions to the renewal of an existing facility’s major source permit if the permit or permit renewal would contribute to adverse cumulative environmental or public health stressors in the overburdened community that are higher than those borne by other communities within the state, county, or other geographic units of analysis (Sec 4).

• Requires the DEP to use technical guidance for compliance with this act, which the Department must publish on its website (Sec 5).

Vote Smart's Synopsis:

Vote to pass a bill that requires the Department of Environmental Protection to evaluate environmental and public health stressors of certain facilities in overburdened communities.

Highlights:

• Requires the Department of Environmental Protection (DEP) to publish and maintain on its website a list of overburdened communities in the state and update the list at least once every 2 years, no later than 120 days after the effective date of this act (Sec 3).

• Defines “overburdened community” as any census block group, as determined in accordance with the most recent United States Census, in which (Sec 2):

• At least 35 percent of the households qualify as low-income households;

• At least 40 percent of the residents identify as minority or as members of a state-recognized tribal community; or

• At least 40 percent of the households have limited English proficiency.

• Prohibits the DEP from considering the application for a permit for a new or expanding facility, or any application for the renewal of an existing facility’s major source permit, if the facility is located in an overburdened community unless the permit applicant first (Sec 4):

• Prepares an environmental justice impact statement that assesses the potential environmental and public health stressors associated with the proposed new or expanded facility, including an adverse environmental or public health stressors that cannot be avoided if the permit is granted, and the environmental or public health stresses already on the overburdened community; 

• Transmits the environmental justice impact statement at least 60 days in advance of the public hearing to the DEP, the governing body, and the clerk of the municipality; and

• Organizes and conducts a public hearing in the overburdened community.

• Prohibits the DEP from issuing a decision on an application for a permit for a new or expanding facility, or an application for the renewal of an existing facility’s major source permit if the facility is located in an overburdened area until at least 45 days after the public hearing (Sec 4).

• Requires the DEP to deny a permit for a new or expanding facility or apply new conditions to the renewal of an existing facility’s major source permit if the permit or permit renewal would contribute to adverse cumulative environmental or public health stressors in the overburdened community that are higher than those borne by other communities within the state, county, or other geographic units of analysis (Sec 4).

• Requires the DEP to use technical guidance for compliance with this act, which the Department must publish on its website (Sec 5).

Full Bill Text