Connecticut's Environmental
Justice Law
Link to full text of CT's new EJ law, an Act Concerning Environmental Justice Communities and
Storage of Asbestos-Containing Materials
In May 2008, Connecticut passed its first ever environmental justice
law. The law recognizes
25 low income towns (called distressed municipalities) and low income
neighborhoods in 34 other Connecticut towns as environmental justice
communities. If certain types of major polluting facilities are proposed in
these neighborhoods, the applicant for a permit from the Department of
Environmental Protection or the Siting Council would be required to do two
things before building or expanding one of these facilities:
--
They would be required to get approval for an enhanced
public outreach plan, to include a public meeting to explain what is being
proposed at least 60 days before the agency makes its decision, and
--
They would negotiate with the chief elected official and
the environmental justice community about environmental benefits to offset
some of the proposed environmental hazards. These optional benefits may
include funding for environmental education, diesel reduction, walking or
biking trails, or urban forestry.
There was also an amendment put on by Stratford
republicans that would limit storage of asbestos containing material next to
residences.
The types of new or expanded facilities that would
be regulated in environmental justice communities include:
1.
electric generating facilities with capacities of more than 10 megawatts;
2. sludge
and solid waste incinerators or combustors;
3. sewage
treatment plants with a capacity over 50 million gallons per day;
4. three
types of solid waste facilities (intermediate processing centers, volume
reduction facilities, and multi-town recycling facilities) with a combined
monthly volume in excess of 25 tons;
5. new or
expanded landfills, including those that contain ash, construction, and
demolition debris or solid waste;
6. medical
waste incinerators; and
7. major sources of pollution under the
Clean Air Act (e.g., large factories).
The
Connecticut legislature approved the environmental justice law (HB 5145)
after five years of effort by CCEJ. Due to the hard work of Representative Jack
Hennessy and our partners, the law passed by a vote of 139 to 9 in the House
after 90 minutes of debate and unanimously in the Senate with no debate—only
2 days before adjournment. CT Governor Jodi Rell signed the bill shortly thereafter.
Please see the map below that identifies communities that represent
environmental justice and economically distressed communities: