AB 877

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.