HF 59

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:33am

A bill for an act
relating to environment; establishing the Environmental Justice Act; proposing
coding for new law in Minnesota Statutes, chapter 116B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin SHORT TITLE.
new text end

new text begin This act shall be called the "Environmental Justice Act."
new text end

Sec. 2.

new text begin [116B.14] DEFINITIONS.
new text end

new text begin For purposes of sections 116B.14 to 116B.17:
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new text begin (1) "board" means the Environmental Quality Board; and
new text end

new text begin (2) "environmental justice" means the fair treatment of people of all races,
cultures, and income in the development, adoption, implementation, and enforcement of
environmental laws and policies.
new text end

Sec. 3.

new text begin [116B.15] IMPLEMENTATION OF ENVIRONMENTAL JUSTICE
POLICIES.
new text end

new text begin Subdivision 1. new text end

new text begin Policies and review. new text end

new text begin (a) The state is committed to ensuring that
communities are afforded fair treatment and meaningful involvement in decision making
regardless of race, color, ethnicity, religion, income, or education level.
new text end

new text begin (b) All state agencies, boards, commissions, and other bodies involved in decisions
that may affect environmental quality shall adopt and implement environmental justice
policies that provide meaningful opportunities for involvement to all people, regardless of
race, color, ethnicity, religion, income, or education level.
new text end

new text begin (c) All state programs and policies designed to protect the environment shall
be reviewed periodically by the board to ensure that program implementation and
dissemination of information meet the needs of low-income and minority communities
and seek to address disproportionate exposure to environmental hazards.
new text end

new text begin Subd. 2. new text end

new text begin Pollution impact. new text end

new text begin The board shall use available environmental and
public health data to identify existing and proposed industrial and commercial facilities
and areas in communities of color and low-income communities for which compliance,
enforcement, remediation, siting, and permitting strategies will be targeted to address
impacts from these facilities.
new text end

Sec. 4.

new text begin [116B.16] ENVIRONMENTAL JUSTICE TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The commissioners of the Pollution Control Agency and
the Department of Health, or their appointed designees, shall convene a multiagency task
force, to be named the Environmental Justice Task Force. The task force shall include
senior management designees from the Public Utilities Commission and the Departments
of Human Services, Employment and Economic Development, Health, Agriculture,
Transportation, and Education. The task force shall be an advisory body and its purpose
is to make recommendations to state agency heads regarding actions to be taken to
address environmental justice issues consistent with each agency's existing statutory
and regulatory authority. The task force shall consult with, and expand its membership
to, other state agencies as needed to address environmental justice concerns raised in
affected communities.
new text end

new text begin Subd. 2. new text end

new text begin Community petitions. new text end

new text begin (a) A community may file a petition through
a resolution passed by the governing body with the task force that asserts that residents
and workers in the community are subject to disproportionate adverse exposure to
environmental health risks or disproportionate adverse effects resulting from the
implementation of laws affecting public health or the environment.
new text end

new text begin (b) The task force shall identify a set of communities from the petitions filed, based
on selection criteria developed by the task force, including consideration of state agency
resource constraints. The task force must meet directly with the selected communities to
understand their concerns.
new text end

new text begin Subd. 3. new text end

new text begin Community action plans. new text end

new text begin (a) The task force must develop an action plan
for each of the selected communities after consultation with the citizens, as well as local
and county government, as relevant, that will address environmental factors that affect
community health. The action plan shall clearly delineate the steps that will be taken in
each of the selected communities to reduce existing environmental burdens and avoid or
reduce the imposition of additional environmental burdens through allocation of resources,
exercise of regulatory discretion, and development of new standards and protections.
The action plan, which shall be developed in consultation with the Environmental
Justice Advisory Council established under section 116B.17, shall specify community
deliverables, a time frame for implementation, and the justification and availability of
financial and other resources to implement the plan. The task force shall present the action
plan to the relevant state agencies, recommending its implementation.
new text end

new text begin (b) The task force shall monitor the implementation of each action plan in the
selected communities and make recommendations to state agencies as necessary to
facilitate implementation of the action plans. Agencies shall implement the strategy to the
fullest extent practicable with regard to statutory and resource constraints.
new text end

Sec. 5.

new text begin [116B.17] ADVISORY COUNCIL.
new text end

new text begin The board shall create an Environmental Justice Advisory Council to advise the
board, Pollution Control Agency, and Environmental Justice Task Force on environmental
justice issues. The council shall consist of 15 individuals and shall meet at least quarterly.
The council shall annually select a chairperson from its membership and shall have a
composition of one-third membership from grassroots, neighborhood, or faith-based
community organizations, with additional membership to include representatives from the
following communities: academic public health, statewide environmental, civil rights,
and public health organizations; large and small business and industry; municipal and
county officials; and organized labor.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective July 1, 2009. The Environmental Justice Task Force
and the Environmental Justice Advisory Council shall be established and operating by
October 1, 2009.
new text end