What is House Bill 109?

The House Bill No. 109 aims to bring more attention and protection to environmental justice areas in Pennsylvania. These are areas where low-income, low-wealth communities, and communities of color have historically and continue to experience a greater burden of pollution. Here are some key points that are important for environmental justice community members to understand:

• Recognition of Past Injustice: The bill acknowledges that environmental justice communities have historically faced a disproportionate share of environmental problems. This recognition is a crucial first step towards addressing these issues.
  
• Definition of Environmental Justice Areas: The bill defines an “environmental justice area” as a geographic area with a higher pollution burden and vulnerable populations based on factors like demographics, economics, health, and the environment. The Department of Environmental Protection (Department) will be responsible for identifying and regularly updating the designation of these areas. This means there will be an official way to recognize the specific challenges your community faces.
  
• New Permitting Requirements for Facilities: When a new facility is proposed or an existing one wants to expand in or partly within an environmental justice area, there will be stricter rules. The bill defines “facility” broadly to include things like certain industrial wastewater plants, large air pollution sources, big waste facilities, mining operations, and more.
  
• Cumulative Environmental Impact Report: For these new or expanding facilities, the company applying for the permit will have to prepare a cumulative environmental impact report. This report must look at all the existing and potential future environmental impacts in your area, not just the impacts from the single proposed facility. It should also identify unavoidable negative effects. This is important because it considers the overall pollution burden in your community.
  
• Mandatory Public Hearings: Unless a public hearing is already legally required, the Department must organize and conduct a public hearing specifically for projects in environmental justice areas. This hearing must be held in a location convenient for the community, and there will be public notice at least 21 days in advance in local newspapers and on the Department’s website.
  
• Your Opportunity to Participate: At these public hearings, the company applying for the permit must provide clear and complete information about the project and its potential environmental and health impacts. The hearing is meant to give residents of the environmental justice area a real chance to participate and voice their concerns.
  
• Department’s Consideration of Your Input: After the public hearing, the Department is required to consider the testimony presented and think about whether the permit needs to be changed or have conditions added to reduce negative impacts on public health and the environment in your area.
  
• Potential for Stronger Protections: Based on the cumulative environmental impacts, the Department may require additional conditions or ways to reduce harm, or even deny a permit for a facility in an environmental justice area. This offers the possibility of preventing or limiting projects that could worsen existing environmental problems.
  
• Local Government Involvement: The company applying for a permit must also give a copy of their application to the clerk of the local municipality. The municipality can then recommend conditions, changes, or even disapproval of the permit if they have specific reasons. If the Department goes against the municipality’s recommendation, they have to explain why in the Pennsylvania Bulletin. This gives your local government a formal role in the permitting process.
  
• Access to Information: The Department will be required to publish all permits granted under this new chapter, along with any guidance documents, on its public website. This will make it easier for you to find information about environmental permits in your community.

This bill, if enacted, could provide important new tools and opportunities for environmental justice communities to have their voices heard and to potentially reduce the disproportionate environmental burdens they face.

You can check out the actual bill down here: