* § 70-0118. Disproportionate impacts on disadvantaged communities.

1. For the purposes of this section:

(a) "Disadvantaged communities" shall have the same meaning as
subdivision five of section 75-0101 of this chapter.

(b) "Applicable permit" shall mean a permit, excluding a general
permit, applied for pursuant to:

(i) title fifteen of article fifteen of this chapter for a facility
withdrawing and using over twenty million gallons per day of water for
cooling purposes;

(ii) article seventeen of this chapter;

(iii) article nineteen of this chapter;

(iv) title seventeen of article twenty-three of this chapter; or

(v) title three, title seven, title nine or title eleven of article
twenty-seven of this chapter.

2. (a) When a new project subject to an applicable permit may cause or
contribute more than a de minimis amount of pollution to any
disproportionate pollution burden on a disadvantaged community, the
department shall require the applicant to prepare or cause to be
prepared an existing burden report.

(b) In the case of an application for renewal or modification of an
applicable permit not subject to the provisions of paragraph (a) of this
subdivision which may cause or contribute more than a de minimis amount
of pollution to any disproportionate pollution burden on a disadvantaged
community the department shall require the applicant to prepare or cause
to be prepared an existing burden report; provided, however that the
department may elect not to require such existing burden report if the
permit would serve an essential environmental, health, or safety need of
the disadvantaged community for which there is no reasonable
alternative.

(c) Notwithstanding the requirements of paragraphs (a) or (b) of this
subdivision, no existing burden report shall be required for an
application for a renewal of a permit if an existing burden report has
been prepared with respect to such permit within the previous ten years.

3. (a) When considering an application for an applicable permit, the
department shall consider the existing burden report, if any, and an
administrative record that includes, but is not limited to, comments
received from the public in the disadvantaged community.

(b) The department shall not issue an applicable permit for a new
project if it determines that the project will cause or contribute more
than a de minimis amount of pollution to a disproportionate pollution
burden on the disadvantaged community.

(c) In the case of an application for a modification of an applicable
permit, the department shall not issue an applicable permit if it
determines that the issuance of the permit would significantly increase
the existing disproportionate pollution burden on the disadvantaged
community.

(d) In the case of an application for renewal of an applicable permit,
the department shall not issue an applicable permit if it determines
that the project would significantly increase the existing
disproportionate pollution burden on the disadvantaged community.

4. The department shall require actions to implement any appropriate
operational changes which would reduce the pollution burden on the
disadvantaged community as a condition of an applicable permit, only if
such actions are reasonable and practicable, as determined by the
department.

5. The department, in consultation with the department of health,
shall develop the scope of the existing burden report and may adapt such
requirements based on whether a permit application is for a new project,
modification, or a renewal of a permit. The department shall provide for
at least a thirty-day public comment period prior to finalizing the
scope of the report. The report shall provide for an assessment of the
following information:

(a) relevant baseline data on existing burdens, including from
relevant criteria used to designate the particular disadvantaged
communities pursuant to subdivision one of section 75-0111 of this
chapter;

(b) the environmental or public health stressors already borne by the
disadvantaged community as a result of existing conditions located in or
affecting the disadvantaged community;

(c) the potential or projected contribution of the proposed action to
existing pollution burdens in the community; and

(d) existing and potential benefits of the project to the community
including increased housing supply, or alleviation of existing pollution
burdens that may be provided by the project, including operational
changes to the project that would reduce the pollution burden on the
disadvantaged community.

* NB Effective December 30, 2024