Environmental Justice.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 597

Short Title: Environmental Justice. (Public)
Sponsors: Senators Murdock and Meyer (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S597-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REQUIRE CO NSIDERATION OF THE C UMULATIVE IMPACT OF A 2
PROPOSED ENVIRONMENT AL PERMITTING DECISI ON ON MINORITY OR 3
LOW-INCOME COMMUNITI ES AND TO PROVIDE EN HANCED PUBLIC 4
PARTICIPATION OPPORT UNITIES FOR PERMITTI NG DECISIONS IMPACTING 5
OVERBURDENED COMMUNITIES. 6
The General Assembly of North Carolina enacts: 7
SECTION 1.(a) G.S. 74-51 reads as rewritten: 8
"§ 74-51. Permits – Application, granting, conditions. 9
(a) Any operator desiring to engage in mining shall make written application to the 10
Department for a permit. The application shall be upon a form furnished by the Department and 11
shall fully state the information called for; in addition, the applicant may be required to furnish 12
any other information as may be deemed nece ssary by the Department in order adequately to 13
enforce this Article. The application shall be accompanied by a reclamation plan that meets the 14
requirements of G.S. 74-53. No permit shall be issued until a reclamation plan has been approved 15
by the Departmen t. The application shall be accompanied by a signed agreement, in a form 16
specified by the Department, that in the event a bond forfeiture is ordered pursuant to G.S. 74-59, 17
the Department and its representatives and contractors shall have the right to make whatever 18
entries on the land and to take whatever actions may be necessary in order to carry out 19
reclamation that the operator has failed to complete. 20
… 21
(d) The Department may deny the permit upon finding: 22
… 23
(8) The cumulative impact of the proposed action (including the impact on public 24
health), when considered in relation to other similar impacts of actions taken 25
or proposed in the community, would have a disproportionate adverse impact 26
on a low-income community or a minority community protected by Title VI 27
of the federal Civil Rights Act of 1964. 28
…." 29
SECTION 1.(b) This section becomes effective July 1, 2025, and applies to any 30
application for a mining permit pending on that date. 31
SECTION 2.(a) G.S. 130A-294(a)(4)c. reads as rewritten: 32
"c. The Department shall deny an application for a permit for a solid waste 33
management facility if the Department finds that: 34
… 35
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 597-First Edition
9. The cumulative impact of the proposed facility, when 1
considered in relation to other similar impacts of facilities 2
located or proposed in the community, would have a 3
disproportionate adverse impact on a low-income community 4
or a minority or low-income community protected by Title VI 5
of the federal Civil Rights Act of 1964. This subdivision shall 6
apply only to the extent required by federal law." 7
SECTION 2.(b) This section becomes effective July 1, 2025, and applies to any 8
application for a permit for a solid waste management facility that is pending on that date. 9
SECTION 3.(a) G.S. 113A-4 reads as rewritten: 10
"§ 113A-4. Cooperation of agencies; reports; availability of information. 11
The General Assembly authorizes and directs that, to the fullest extent possible: 12
… 13
(2) Every State agency shall include in every recommendation or report on any 14
action involving significant expenditure of public mone ys or use of public 15
land for projects and programs significantly affecting the quality of the 16
environment of this State, a detailed statement by the responsible official 17
setting forth the following: 18
… 19
g. The cumulative impact of the proposed action (including the impact 20
on public health), when considered in relation to other similar impacts 21
of actions taken or proposed in the community, on a low -income 22
community or a minority community protected by Title VI of the 23
federal Civil Rights Act of 1964. 24
…." 25
SECTION 3.(b) This section becomes effective July 1, 2025, and applies to any 26
environmental documents for proposed actions submitted on or after that date. 27
SECTION 4.(a) G.S. 113A-120 reads as rewritten: 28
"§ 113A-120. Grant or denial of permits. 29
(a) The responsible official or body shall deny an application for a permit upon finding: 30
… 31
(9a) In any case, the proposed development, when considered in relation to other 32
similar impacts of developments located or proposed in the community, would 33
have a disproportionate adverse impact on a low-income community or a 34
minority community protected by Title VI of the federal Civil Rights Act of 35
1964. For purposes of this subdivision, "adverse impact" includes impacts on 36
public health. 37
(10) In any case, that the proposed development would contribute to cumulative 38
effects that would be inconsistent with the guidelines set forth in subdivisions 39
(1) through (9) (9a) of this subsection. Cumulative effects are impacts 40
attributable to the collective effects of a number of projects and include the 41
effects of additional projects similar to the requested permit in areas available 42
for development in the vicinity. 43
…." 44
SECTION 4.(b) This section becomes effective July 1, 2025, and applies to any 45
application for a permit that is pending on that date. 46
SECTION 5.(a) G.S. 130A-294(g) reads as rewritten: 47
"(g) The Commission shall develop and adopt standards for permitting of hazardous waste 48
facilities. Such standards shall be developed with, and provide for, public participation; shall 49
b21incorporated into rules; shall be consistent with all applicable federal and State law, including 50
General Assembly Of North Carolina Session 2025
Senate Bill 597-First Edition Page 3
statutes, regulations and rules; shall be developed and revised in light of the best available 1
scientific data; and shall be based on consideration of at least the following factors: 2
… 3
(7) Availability and reliability of public utilities; and 4
(8) Availability of emergency response personnel and equipment.equipment; and 5
(9) The cumulative impact of the proposed remediation (including the impact on 6
public health), when considered in relation to other similar impacts of actions 7
taken or proposed in the community , on a low -income community or a 8
minority community protected by Title VI of the federal Civil R ights Act of 9
1964." 10
SECTION 5.(b) This section becomes effective July 1, 2025, and applies to any 11
application for a permit of a hazardous waste facility that is pending on that date. 12
SECTION 6.(a) G.S. 130A-310.69 reads as rewritten: 13
"§ 130A-310.69. Remedial investigation report; remedial action plans. 14
… 15
(c) A remedial action plan shall also include an analysis of each of the following factors: 16
… 17
(5) The cumulative impact of the proposed remediation (including the impact on 18
public health), when considered in relation to other similar impacts of actions 19
taken or proposed in the community , on a low-income community or a 20
minority community protected by Title VI of the federal Civil Rights Act of 21
1964. 22
…." 23
SECTION 6.(b) This section becomes effective July 1, 2025, and applies to remedial 24
action plans submitted to the Department of Environmental Quality on or after that date. 25
SECTION 7.(a) G.S. 143-215.10C is amended by adding a new subsection to read: 26
"(d1) The Commission shall deny any application for a permit, a permit renewal , or a 27
certificate of coverage or renewal of a certificate of coverage under a general permit if it finds 28
that the cumulative impact of the proposed permit or certificate, when considered in relation to 29
other similar impacts of actions taken or proposed in the community, would have a 30
disproportionate adverse impact on a low-income community or a minority community protected 31
by Title VI of the federal Civil Rights Act of 19 64. For purposes of this subsection, "adverse 32
impact" includes impacts on public health." 33
SECTION 7.(b) This section becomes effective July 1, 2025, and applies to any 34
application for a permit or permit renewal that is pending on that date. 35
SECTION 8.(a) G.S. 143-215.108(c) reads as rewritten: 36
"(c) The Commission shall have the power: 37
… 38
(9) With respect to permits required by Title V, to deny a permit application or 39
require suitable mitigation if it finds that the cumulative impact of the 40
proposed air contaminant source, when considered in relation to other similar 41
impacts of air contaminant sources permitted or proposed in the community, 42
would have a disproportionate adverse impact on a low-income community or 43
a minority community protected by Title VI of the federal Civil Rights Act of 44
1964. For purposes of this subdivision, "adverse impact" includes impacts on 45
public health." 46
SECTION 8.(b) This section becomes effective July 1, 2025, and applies to any 47
application for a permit or permit renewal that is pending on that date. 48
SECTION 9.(a) G.S. 143-215.1(b)(4) reads as rewritten: 49
"(4) The Commission shall have the power: 50
… 51
General Assembly Of North Carolina Session 2025
Page 4 Senate Bill 597-First Edition
g. To deny a permit or the renewal of a permit when the Commission 1
finds that the cumulative impact of the proposed action, when 2
considered in relation to other similar impacts of actions taken or 3
proposed in the community, would have a disproportionate adverse 4
impact on a low -income community or a minority community 5
protected by Title VI of the federal Civil Rights Act of 1964. For 6
purposes of this sub -subdivision, "adverse impact" includes impacts 7
on public health." 8
SECTION 9.(b) This section becomes effective July 1, 2025, and applies to any 9
application for a permit that is pending on that date. 10
SECTION 10. Article 7 of Chapter 143B of the General Statutes is amended by 11
adding a new section to read: 12
"§ 143B-279.21. Enhanced public participation for overburdened communities. 13
(a) When the Department of Environmental Quality or any Commission with permitting 14
authority created by this Article considers an application for a permit or approval for a new or 15
expanded facility, source, or project in an overburdened community, the Department or 16
Commission must hold at least one public hearing in the overburdened community , provide 60 17
days' advance notice of the hearing, and include in the hearing officer 's report a response to 18
community input received at the hearing or in response to the notice. The hearing required by 19
this section shall be in addition to any other public participation required by applicable law. 20
(b) The following definitions apply in this section: 21
(1) Community of color. – A distinct geographic area in which the share of the 22
population of any of the following categories of individuals is higher than that 23
category's share of the State population as a whole: 24
a. African American. 25
b. Asian and Pacific Islander. 26
c. Hispanic. 27
d. Latino. 28
e. Member of a federally recognized Native American tribe or a Native 29
American tribe recognized under Chapter 71A of the General Statutes. 30
f. Other non-white race. 31
g. Linguistically isolated. 32
(2) Linguistically isolated. – Households in which all members age 14 years and 33
older speak a la nguage other than English and also have limited proficiency 34
in English. 35
(3) Low-income household. – Households with a household income equal to or 36
less than the greater of (i) eighty percent (80 %) of the median income of the 37
area in which the household is located and (ii) two hundred percent (200%) of 38
the federal poverty level. 39
(4) Overburdened community. – A census block, as designated by the most recent 40
census of the U.S. Census Bureau, in which at least thirty percent (30%) of 41
the households qualify as low-income households, or a geographically distinct 42
area that is a community of color." 43
SECTION 11. Except as otherwise specified, this act is effective when it becomes 44
law. 45