S0350B0718A00518 NAD:EJH 05/10/23 #90 A00518
AMENDMENTS TO SENATE BILL NO. 350
Sponsor: SENATOR MUTH
Printer's No. 718
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Section 6.1. Public hearing required.
Prior to the time at which the application becomes subject to
a permit decision delay, the State agency shall hold at least
one public hearing regarding the application or any revision to
the application.
Section 6.2. Cumulative impact assessments.
(a) Assessment required.--A State agency shall prepare a
cumulative impact assessment on any permit prior to its
approval, which may have a significant effect on the
environment.
(b) Purpose.--The purpose of a cumulative impact assessment
is to provide detailed information about the effect which a
proposed permit is likely to have on the environment and
impacted community, to list the ways in which any adverse
effects of such an action might be minimized and to suggest
alternatives to such an action so as to form the basis for a
determination whether to finally approve the permit.
(c) Assessment contents.--A cumulative impact assessment
shall be clearly written in a concise manner capable of being
read and understood by the public. The assessment shall include
all of the following:
(1) A detailed statement providing the following:
(i) A description of the proposed permit and its
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environmental setting.
(ii) The environmental impact of the proposed
permit, including short-term and long-term effects.
(iii) Any adverse environmental effects which cannot
be avoided should the proposal be implemented.
(iv) Alternatives to the proposed action.
(v) Any irreversible and irretrievable commitments
of resources which would be involved in the proposed
permit should it be implemented.
(vi) The growth-inducing aspects of the proposed
permit, where applicable and significant.
(vii) Effects of the proposed permit on the use and
conservation of energy resources, where applicable and
significant.
(viii) Effects of the proposed permit on solid waste
management, where applicable and significant.
(ix) The number of superfund brownfield sites, if
applicable, within a 15-mile radius of the area directly
affected by the proposed permit.
(x) Effects of any proposed action on disadvantaged
communities, including whether the action may cause or
increase a disproportionate pollution burden on a
disadvantaged community, including baseline monitoring
data collected in the affected disadvantaged community
within two years of the application for a permit and the
identification of the following, where applicable:
(A) Each existing pollution source or categories
of sources affecting a disadvantaged community and
the potential routes of human exposure to pollution
from that source or categories of sources.
(B) Ambient concentration of regulated air
pollutants and regulated or unregulated toxic air
pollutants.
(C) Traffic volume.
(D) Noise and odor levels.
(E) Exposure or potential exposure to lead
paint.
(F) Exposure or potential exposure to
contaminated drinking water supplies.
(G) Proximity to solid or hazardous waste
management facilities, wastewater treatment plants,
hazardous waste sites, incinerators, recycling
facilities, waste transfer facilities and petroleum
or chemical manufacturing, storage, treatment or
disposal facilities.
(H) The potential or documented cumulative human
health effects of the foregoing pollution sources.
(I) The potential or projected contribution of
the proposed permit to existing pollution burdens in
the community and potential health effects of the
contribution, taking into account existing pollution
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burdens.
(xi) Any other information determined by the State
agency as necessary to fulfill the purpose of the
assessment under subsection (b).
(2) Copies or a summary of the substantive comments
received by the State agency, if any, and the State agency
response to the comments.
(d) Process.--
(1) As early as practicable in the process of review and
determination of the permit application, the State agency
shall make an initial determination as to whether a permit,
if approved, may have a significant effect on the environment
and require preparation of a cumulative impact assessment
under this section. In making the determination, the State
agency shall consider whether the permit may cause or
increase a disproportionate pollution burden on a
disadvantaged community that is directly or significantly
indirectly affected by the permit. The State agency shall
notify the applicant in writing of its determination under
this paragraph specifying therein the basis for the
determination.
(2) The cumulative impact assessment process and
timeline shall run concurrently with the State agency's
procedures relating to review and determination of the permit
application.
(3) The State agency shall conduct at least one public
hearing to gather information for purposes of the cumulative
impact assessment. The public hearing may be held in
conjunction with the public hearing required under section
6.1.
(e) Determination.--
(1) No permit shall be approved by the State agency if
the State agency finds in the cumulative impact assessment
that it may cause or contribute to, either directly or
indirectly, a disproportionate or inequitable, or both
disproportionate and inequitable, pollution burden on a
disadvantaged community.
(2) No permit shall be approved by the State agency
unless in the cumulative impact assessment the State agency
makes an explicit finding that the requirements of this
section have been met and that consistent with social,
economic and other essential considerations, to the maximum
extent practicable, adverse environmental effects revealed in
the environmental impact statement process will be minimized
or avoided.
(f) Rules and regulations.--A State agency may promulgate
rules and regulations necessary to implement the provisions of
this section, including addressing the following:
(1) Provisions providing for notice, review, public
participation and public hearings as required under this
section.
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(2) The form and content of a cumulative impact
assessment.
(3) Criteria for determining whether or not a proposed
permit may have a significant effect on the environment,
taking into account social and economic factors to be
considered in determining the significance of an
environmental effect, including consideration of the extent
to which a proposed permit may reasonably be expected to
cause or increase a disproportionate or inequitable, or both
disproportionate and inequitable, burden on disadvantaged
communities.
(4) Criteria for determining whether the area affected
by the proposed permit meets the definition of "disadvantaged
communities."
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Disadvantaged communities." Communities that bear burdens
of negative public health effects, environmental pollution and
impacts of climate change and possess certain socioeconomic
criteria or comprise high concentrations of low-income and
moderate-income households, as identified by a State agency.
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