HF 3531

as introduced - 89th Legislature (2015 - 2016) Posted on 03/23/2016 11:18am

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

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

Section 1.

new text begin [116.861] CITATION.
new text end

new text begin Sections 116.861 to 116.863 may be cited as the "Environmental Justice Act."
new text end

Sec. 2.

new text begin [116.862] DEFINITIONS.
new text end

new text begin For purposes of sections 116.861 to 116.863:
new text end

new text begin (1) "agency" means the Pollution Control Agency;
new text end

new text begin (2) "commissioner" means the commissioner of the Pollution Control Agency; and
new text end

new text begin (3) "environmental justice" means the fair treatment and meaningful involvement
of people of all races, cultures, and income levels in the development, adoption,
implementation, and enforcement of environmental laws and policies.
new text end

Sec. 3.

new text begin [116.863] CREATION AND IMPLEMENTATION OF
ENVIRONMENTAL JUSTICE POLICY.
new text end

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

new text begin (b) The agency shall develop, adopt, and implement an environmental justice policy
that promotes fair treatment and meaningful involvement of all people, regardless of race,
color, ethnicity, religion, income, or education level.
new text end

new text begin (c) The agency's environmental justice policy must:
new text end

new text begin (1) include procedures and criteria for evaluating environmental and demographic
information to highlight areas of potential concern for environmental justice;
new text end

new text begin (2) identify procedures and steps that the agency will take during permitting,
environmental review, rulemaking, and other actions to identify and remove barriers to
the meaningful involvement of all citizens in areas with potential environmental justice
concerns. The procedures must include processes for evaluating language proficiencies
within a community and determining actions to take to ensure meaningful access and
communication;
new text end

new text begin (3) develop ways to identify disproportionate environmental and human health
impacts that may affect a given community as a result of pollution from multiple sources
over time;
new text end

new text begin (4) develop procedures to integrate awareness of disproportionate environmental
and human health impacts into the agency's decision making with respect to permitting,
compliance and enforcement, environmental review, environmental monitoring and
analysis, and other agency functions. Such procedures may include guidance, checklists,
best practices, and voluntary reductions in pollutants by other facilities;
new text end

new text begin (5) include plans to coordinate the agency's environmental justice efforts with
other state agencies and the federal Environmental Protection Agency to accomplish
the agency's environmental justice policy;
new text end

new text begin (6) examine how to develop measures to evaluate progress and the effectiveness of
the agency's environmental justice policy; and
new text end

new text begin (7) identify any additional resources or statutory changes needed to implement
the agency's environmental justice policy.
new text end

new text begin (d) The agency's environmental justice policy must be completed and submitted to
the chairs and ranking minority members of the legislative committees with jurisdiction
over environmental policy and finance by June 30, 2017.
new text end