LAWS (LEGISLATION OR STATUTES) ENACTED BY A LEGISLATIVE BODY
& ONLY THAT BODY CAN CHANGE OR REPEAL ENFORCEABLE BY SOMEBODY
(GOVERNMENT AGENCY, ATTORNEY GENERAL, PRIVATE PERSONS) PROVISIONS
ARE LESS DETAILED THAN REGULATIONS (OFTEN DIRECTS AGENCY TO DEVELOP
REGULATIONS) CARRIES GREATER AUTHORITY THAN REGULATIONS OR POLICIES
REGULATIONS ENACTED BY A GOVERNMENT AGENCY THROUGH FORMAL
RULEMAKING PROCESS & ONLY THAT AGENCY CAN CHANGE OR REPEAL
USUALLY ONLY ENFORCEABLE BY THE AGENCY, SOMETIMES CAN BE ENFORCED
AGAINST THE AGENCY PROVISIONS VERY DETAILEDFILLS IN GAPS IN LAWS
CARRIES LESS AUTHORITY THAN LAWS BUT MORE THAN POLICIES (CANNOT
CONFLICT WITH LAWS) POLICIES ENACTED BY A GOVERNMENT AGENCY WITHOUT
FORMAL RULEMAKING & ONLY THAT AGENCY CAN CHANGE OR REPEAL
USUALLY NOT ENFORCEABLE-MEANT TO PROVIDE GUIDANCE TO AGENCY OR
OTHERS PROVISIONS CAN BE DETAILED OR VAGUE CARRIES LEAST AUTHORITY
Slide 2 Slide 3 CCEJ officially began in Hartford in1998 around
issues of: North Hartford Landfill Asthma Power Plants Trash
Incinerator Similar issues, if not always same players in other CT
cities English Station Power Plant in New Haven Bridgeport Harbor
Power Plant Slide 4 Lack of effective and timely community or local
governmental notification If notified, community and government not
understand consequences of proposed facilities EJ communities and
governments not able to respond due to lack of appropriate
resources and local politics Disproportionate environmental and
health impacts Slide 5 Inadequate notification processes and
disproportionate impact are perfectly legal and customary,
therefore upheld judicially DEP Environmental Equity Policy
unenforceable Regulations harder to pass than legislation Slide 6
Republican governor and administration Democratic legislature
Public officials and communities unfamiliar with EJ CCEJ had good
experience in legislature Asthma and diesel Mercury laws Sooty Six
People of Color rarely seen in capitol Slide 7 Started out to
codify DEPs Environmental Equity Policy Required EJ Action Plans
for DEP, DMV, and certain other state agencies submitted for
comment to state civil rights agency 13 co-sponsors, no apparent
opposition Passed out of committee as study bill and eventually
died Slide 8 Progressives did not like it because it only required
plans, not actions Conservatives thought that review by the civil
rights agency implied intentional discrimination DEP wanted more
guidance on how the process would evolve The opposition to the bill
was very well hidden Slide 9 Require DEP to identify and notify
communities that are environmentally overburdened (no reference to
race, income) Require DEP, the utilities regulator and other
agencies to develop EJ rules and regulations and to reduce
pollution in overburdened communities Business opposed it as
anti-business, over regulatory DEP opposed it as politically
unworkable Slide 10 Similar to 2004- overburdened communities Built
up coalition More events at the capitol Breakfasts Press events
Lobby days More in-district calls, activities in key districts
Slide 11 Required DEP, public utilities, trash incinerator, and
other agencies to consider EJ and how to reduce pollution from
existing facilities Because it applied to several agencies, it had
to go through many legislative committees Bill did not make it
through all of the committees before the end of the session Slide
12 DEP Commissioner, Gina McCarthy, met with us and suggested ways
for us to decrease opposition to the bill by Making it more
specific, Defining overburdened communities Drawing maps showing
overburdened census tracts Deciding which facilities would be
included in the bill Only consider new facilities, not existing
ones Consider using a less pejorative label than overburdened The
idea was that those communities and industries that were not
included in the bill would no longer oppose it Slide 13 Similar to
2006 Used environmentally stressed community instead of
overburdened Developed race and income census tract maps with
Council of Governments Defined income in a way that covered all the
EJ communities we were concerned about Required agencies provide
environmental benefits to communities if a fourth or more polluting
facilities are proposed or expanded within one mile of an EJ
community Required preference for state grants to EJ communities
Slide 14 Slide 15 Killed in Transportation Committee by
construction industry because it included asphalt and concrete
batching facilities Chair of committee owned construction company
Surprise vote in the hallway outside of House chambers Lost by 2
votes Slide 16 Had new energetic urban legislator as champion Had
support of DEP to identify and solve problems Limited scope of
legislation to DEP and another agency to limit number of needed
committees Exempted some powerful interests Accepted an amendment
from Republicans limiting placement of asbestos waste next to homes
Passed 139 to 9 in House after 90 minutes of debate, unanimous in
Senate Slide 17 Defines EJ Community Defines facilities of concern
Affecting Facilities Requires permit applicants for a new or
expanded affecting facility to get approval of an expanded public
outreach plan from DEP Host community meetings at least 60 days
before a public hearing on a proposal Consult with the mayor of a
town about the need to provide environmental benefits Slide 18 The
types of new or expanded affecting facilities include: Electric
generating facilities with capacities of more than 10 megawatts;
Sludge and solid waste incinerators or combustors; Sewage treatment
plants with a capacity over 50 million gallons per day; 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; New or expanded
landfills, including those that contain ash, construction, and
demolition debris or solid waste; Medical waste incinerators; and
Major sources of pollution under the Clean Air Act (e.g., large
factories). Slide 19 There is a lot of hidden opposition to racial
bills Need to build a broad based coalition to help plan and
support the bill Know your opposition There is no substitute to
being in the capitol Need backing from leadership, but a champion
who has time to follow-up and negotiate with the opposition You
need someone in the capitol shepherding the bill almost every day
Be persistent ! Slide 20 Mark A. Mitchell M.D., MPH Mitchell
Environmental Health Associates [email protected]
860-794-9497 Slide 21 The End Thank You The End
