NJ Bill Would Give Urban Areas A Powerful Tool To Fight Polluters

ESSEX COUNTY, NJ — For years, many residents of the most populated areas of New Jersey have been living next to unwanted, dirty neighbors – landfills, incinerators, sewage plants. And though activists have been pushing back, it’s been an uphill battle.

On Thursday, state lawmakers took a step towards granting “overburdened” communities a weapon that could tip the balance of power.

The full New Jersey Legislature gave the green light to A-2212/S-232, which would change the way the state Department of Environmental Protection (DEP) issues some of its key permits. The legislation passed with a vote of 21-14 in the Senate and 49-28-1 in the Assembly. It now goes to the desk of Gov. Phil Murphy.

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“To better invest in our underserved communities, it is beyond critical we address the environmental injustices they been saddled with for decades,” Assemblywoman Britnee Timberlake of the 34th District said.

“We cannot allow a legacy where your health is dependent on your zip code to persist,” added Timberlake, who represents Montclair, East Orange, Orange and Clifton.

If it becomes law, the legislation would make it harder for the owners of major sources of air pollution to build a new facility, expand an old one, or renew an existing permit in areas that are considered “overburdened.”

To qualify, a neighborhood would need to have 35 percent low-income households, 40 percent minority households or 40 percent of households with limited English language proficiency.

Applicants would need to provide an environmental justice impact statement, which would be published online, and hold a public hearing within the affected neighborhood. However, if there is a “compelling public interest” for a facility permit, the DEP could grant approval with conditions to protect public health.

‘A LONGSTANDING ISSUE’

According to the bill’s authors, New Jersey has a long history of dumping high-risk polluters in some of the state’s most vulnerable communities. As a result, the people living there have suffered increased odds of developing asthma, cancer, heart disease and developmental disorders, among other health conditions.

“The concentration of energy, water and waste management infrastructure near urban cities has been a longstanding issue,” Assemblyman John McKeon of the 27th District said.

“An overhaul of the way infrastructure gets approved and built, and systemic reform that puts people and communities directly at the heart of decision-making is what New Jersey needs,” added McKeon, who represents towns in Essex and Morris counties.

• See related article: The Color Purple: Newark Residents Fed Up With Incinerator Smoke

Assemblywoman Valerie Vainieri Huttle (District 37) said the legislation would give the people impacted the most – local residents – a louder voice at the table.

“Families living in urban neighborhoods have for too long disproportionately faced the negative effects of pollution,” said Vainieri Huttle, who represents towns in Bergen County.

“Scores of children in these communities being diagnosed with asthma and put at greater risk of experiencing chronic health issues throughout their lifetimes,” Vainieri Huttle added. “With this legislation, we are making sure that the voices of these communities, who stand to be impacted the most, are centralized in the permitting process.”

• See related article: NJ Plant Sickening Community With Putrid Odors, Lawsuit Says

The proposed law has gained support from several Garden State environmental groups, who have been demanding such legislation for years.

Jeff Tittel, director of the New Jersey Sierra Club, said the state is “one of the most segregated in the country” when it comes to discriminatory housing patterns and placement of highways.

“That pattern of racial profiling continues when we put incinerators, power plants, and other polluting facilities in low-income, minority communities,” Tittel said.

The state also needs to develop "clear and strict" standards based on current science so officials can quantify health impacts and have grounds to deny permits, he added.

“It’s critical for these communities to have access to clean air and clean water, and this legislation is the first major towards that goal,” Tittel said.

• See related article: Battle Over Stinky Landfill In Hudson County Still Raging

The proposed law has its detractors, however, including Assemblyman Brian Bergen (District 25), who represents towns in Morris and Somerset counties.

“Cool titles don't make bad bills any less bad,” Bergen commented, arguing that the legislation solely bases its restrictions based on income, race and language – not “environmental” factors.

• See related article: New Jersey Launches 12 Lawsuits Vs. Alleged 'Polluters'

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