AB 796

This bill prohibits the Department of Natural Resources from issuing certain

permits for the operation of a facility that is located in a vulnerable community

unless the permit applicant complies with required reporting requirements.

“Vulnerable community” is defined as any census block group in which at least 50

percent of the households qualify as low-income households and either of the

following apply: 1) at least 40 percent of the residents identify as Black, African

American, Asian American, Hispanic, or Latino or as members of a federally

recognized Indian tribe or band, or 2) at least 40 percent of the households have

limited English proficiency.

Under current law, DNR issues various permits for the operation of facilities

as part of DNR's regulation of air and water pollution and hazardous and solid waste.

Under the bill, DNR may not issue permits for those facilities located in vulnerable

communities unless the permit applicant 1) prepares a report assessing the

environmental impact of the facility, 2) makes the report available to the public and

provides the report to DNR and to the municipality in which the vulnerable

community is located, and 3) conducts a public hearing in the municipality in which

the vulnerable community is located.

DNR must consider community support and any testimony presented at the

public hearing in its decision to grant or deny a permit and must evaluate revisions

or conditions to the permit that may be necessary to reduce the adverse impact to

public health or to the environment in the vulnerable community. DNR may deny

an application for a permit for a facility in a vulnerable community if DNR finds that

the cumulative impact of the facility that would be covered by the permit, in addition

to the existing conditions in the vulnerable community, constitute an unreasonable

risk to the environment and the health of the residents in the vulnerable community.