NJ Has Nation's Strongest Law To Pollutant Protect Communities

NEW JERSEY - A new measure which requires the New Jersey Department of Environmental Protection to evaluate the environmental and public health impacts of certain facilities on overburdened communities was signed into law Friday by Gov. Phil Murphy.

New Jersey is now the first state in the nation to require mandatory permit denials if an environmental justice analysis determines a new facility will have a disproportionately negative impact on overburdened communities.

“Today we are sending a clear message that we will longer allow Black and Brown communities in our state to be dumping grounds, where access to clean air and clean water are overlooked,” said Murphy. “This action is a historic step to ensure that true community input and collaboration will factor into decisions that have a cumulative impact for years to come. I’m incredibly proud that New Jersey is now home to the strongest environmental justice law in the nation.”

The bill defines an overburdened community as any community where 35 percent of the households qualify as low-income according to the U.S. Census, 40 percent of households are minority, or 40 percent of households have limited English proficiency. There are approximately 310 municipalities with populations totaling approximately 4,489,000 that have overburdened communities within their municipalities.

"With this bill that Governor Murphy signed today, we will begin to lift a costly and burdensome weight off the parts of our State that have been dealing with the negative impacts of environmental pollution the most," said Lt. Governor Sheila Oliver, who serves as Commissioner of the Department of Community Affairs. "By being more judicious in the application of our environmental permitting laws, we can create more broadly shared prosperity in New Jersey. Because every New Jerseyan deserves a healthier, cleaner and more financially stable place to live, no matter their zip code."

The bill requires the Department of Environmental Protection to evaluate the environmental and public health impacts of the following facilities on overburdened communities when reviewing the following permit applications

• Major sources of air pollution (i.e., gas fired power plants and cogeneration facilities);
• Resource recovery facilities or incinerators; sludge processing facilities;
• Sewage treatment plants with a capacity of more than 50 million gallons per day;
• Transfer stations or solid waste facilities;
• Recycling facilities that receive at least 100 tons of recyclable material per day;
• Scrap metal facilities;
• Landfills; or
• Medical waste incinerators, except those attendant to hospitals and universities.

“Today, New Jersey is leading the way in addressing a critical gap in our nation’s environmental protection laws,” said Department of Environmental Protection Commissioner Catherine R. McCabe. “The signing of New Jersey’s environmental justice bill improves protections for some of our most vulnerable New Jerseyans and empowers the DEP to evaluate a facility’s specific impact on its neighboring communities. This is not just a landmark advancement for environmental protection in New Jersey, but a roadmap for environmental justice nationally.”

Murphy signed the bill alongside U.S. Senator Cory Booker, Mayor Ras Baraka, Senator Troy Singleton, Assemblyman John McKeon, and environmental advocates.

“It is long past time that our environmental protections actually protect all of our citizens, especially those communities who have been historically burdened by pollution and environmental injustice,” said Booker. “By evaluating the cumulative environmental impacts on communities when it comes to the permitting of certain facilities, we will make better, more thoughtful and inclusive decisions. I could not be more proud that New Jersey is now leading the way on an initiative I’ve been working on in the Senate, and I applaud Senator Singleton, Assemblyman McKeon, Governor Murphy, and New Jersey’s EJ advocates for their efforts to protect our most vulnerable communities.”

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