The following bills are currently being discussed in the Senate or House. Know the facts and let others know about the important issues that are being raised.
State: Connecticut
City: Hartford
Group: Connecticut Coalition for Environmental Justice
An Act Concerning Environmental Justice
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2006) (a) As used in this section:
(1) "Environmental justice" means the equal protection and meaningful involvement of all people in the development, implementation and enforcement of environmental laws, regulations and policies;
(2) "Meaningful involvement" means a process in which (A) the potentially affected group of people are provided an appropriate opportunity to participate in decisions about a proposed activity that will affect their environment and health, (B) participation by the public can influence a regulatory agency's decisions, (C) concerns of all participants will be considered in the decision-making process, and (D) the decision makers seek out and facilitate the involvement of those potentially affected;
(3) "Overburdened community" means a census tract (A) not less than twenty per cent of the population consists of noninstitutionalized low-income persons or for which not less than fifty per cent of the population consists of noninstitutionalized minority persons, and (B) having more than three affecting facilities located within a five mile radius; and
(4) "Affecting facilities" means electric generating facilities, waste incinerators or combustors, sewage treatment plants, waste storage, transfer or disposal facilities, landfills, facilities that produce hazardous substances, major sources of air pollution, as defined by the federal Clean Air Act, sources with air emissions that exceed the federal Toxic Release Inventory reporting threshold pursuant to the federal Emergency Planning, Community Right-to-Know, and Pollution Prevention Act, and limited access highways.
(b) (1) The Department of Environmental Protection shall identify and compile a list of overburdened communities. The department shall ensure that there is meaningful involvement in compiling such list. Not later than March 1, 2007, and annually thereafter, said department shall report, in accordance with section 11-4a of the general statutes, to the joint standing committees of the General Assembly having cognizance of matters relating to public health and the environment, regarding the overburdened communities on the list and the process by which the list was compiled.
(2) Not later than June 1, 2007, and annually thereafter, the Department of Environmental Protection shall notify the chief elected official, the health department and the zoning board of each town, city or borough found by the department to contain an overburdened community regarding the town, city or borough's inclusion on the list of overburdened communities.
(c) (1) Not later than January 1, 2007, the Department of Environmental Protection, the Department of Public Utility Control and the Connecticut Siting Council shall each adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, that describe the departments' or council's procedures concerning the consideration of environmental justice in granting licenses, permits or authorizations, taking action that could have human health or environmental effects, or in other decision-making processes that relate to affecting facilities.
(2) Not later than January 1, 2007, the Department of Environmental Protection, the Department of Public Utility Control and the Connecticut Siting Council shall each adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, describing actions each department or council shall take to reduce the incidence of pollution in overburdened communities.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2006 New section
Statement of Purpose:
To reduce the incidence of pollution in communities that are already overburdened by environmental pollution.
Frequently asked questions about SB 290
Q: Why do we need SB 290?
A: Currently there is no law that prevents all polluting facilities from being located in any one community. Polluting facilities in Connecticut tend to be concentrated in certain communities which are often, but not necessarily, low income minority communities. This concentration of facilities cannot be considered when new facilities are proposed to be sited in these communities.
Q: What does SB 290 do?
A: SB 290 requires the State Department of Environmental Protection (DEP) to identify census blocks that are overburdened as well as those that are considered low-income, minority census blocks. It then requires that DEP, as well as DPUC and the Siting Council develop regulations to consider this status when issuing licenses and permits for “Affecting Facilities” that might impact the health or environment of these communities. It also requires DEP to notify towns about which census blocks in their towns are either overburdened or low-income minority census blocks. It also requires these agencies to develop plans to reduce pollution in these overburdened communities.
Q: What are Overburdened Communities?
A: Overburdened Communities are those census blocks that have more than three Affecting Facilities located within three miles of the census block. On the map that is provided they are the blocks that are included in three or more circles.
Q: What are “Affecting Facilities?”
A: "Affecting facilities” are the following 11 types of facilities:
- electric generating facilities,
- waste incinerators or combustors,
- sewage treatment plants with design flow of over five million gallons per day,
- intermediate processing facilities,
- volume reduction facilities,
- multi-town recycling facilities,
- active landfills,
- multi-town sludge processing facilities,
- asphalt and concrete batching facilities,
- major sources of air pollution, as defined by the federal Clean Air Act, and
- sources listed on the federal Toxic Release Inventory
Q: Does this bill apply statewide?
A: Yes, this bill protects overburdened communities throughout Connecticut no matter what their income or ethnicity.
Q: Does this bill prevent a town from getting a needed facility?
A: Absolutely not! This bill only applies to 11 types of facilities that may choose to be located near overburdened communities or environmental justice communities. It merely requires that the regulatory authorities consider a community’s overburdened or low-income, minority status when regulating one of these facilities.
Q: Why does it single out low income communities of color?
A: Low income communities of color are less likely to find out about polluting facilities being proposed for their towns due to language and literacy problems, and they are less likely to have the resources to participate in the decision-making process when decisions are being made about the location and operations of these facilities.
Q: What town would want to be labeled an “Overburdened Community?”
A: No town would be labeled an “Overburdened Community” under this bill. This designation would only apply to and protect certain census blocks within a town.
Q: Isn’t this bill anti-development?
A: Absolutely not! This bill would only apply to large air pollution sources and nine other types of facilities that may operate in designated neighborhoods. It is designed to promote use of cleaner technology in these neighborhoods without prohibiting new facilities.
Q: Aren’t these communities overburdened because of our history of industrial achievement?
A: This may be so, but new polluting facilities are often proposed for these same areas. For example, a recent study by the University of Hartford documents that waste facilities built since 1980 are disproportionately located in overburdened communities. This bill will promote pollution reduction in these communities.
Q: Won’t this just move pollution to suburban communities?
A: In our modern society we all use electricity and other products that produce pollution and wastes. We all have a responsibility to manage that waste in a fair and equitable manner. This bill is designed to promote fairness and better solutions to reducing pollution.
Q: Doesn’t DEP already have the authority to prevent pollution in overburdened communities?
A: No. DEP, DPUC, and the Siting Council have no specific authority to consider who or what other facilities are in a community when they are asked to regulate a polluting facility. With the English Station Power Plant ruling, the DEP Commissioner took the unusual step of invoking his general authorities to consider health risks and benefits in denying a permit.
Q: Will this increase prices in my community?
A: There is no reason to believe that rates will increase. Many of the overburdened communities have the highest tax rates in the State of Connecticut. If these facilities are located outside of these communities, the cost of business may decline.
The bill did not pass the last legislative session.
