Eliminating as-of-Right Status of Polluting Facilities in EJ Areas

This bill aims to curb the development of new polluting facilities in frontline communities where residents are disproportionately burdened by environmental harms and exposed to toxic pollutants that have been linked to severe health effects. These low-income communities and communities of color often have limited participation in decision-making processes that directly affect them.

To address this issue, this bill restricts as-of-right zoning in designated environmental justice areas. As-of-right zoning allows development without discretionary approval, potentially allowing harmful facilities to operate without sufficient oversight.

This statewide bill supersedes local land use laws, requiring authorities to assess the impact of proposed developments on the surrounding area before granting permits. This critical measure ensures greater scrutiny and safeguards against the proliferation of polluting facilities in areas already burdened by environmental and public health stressors.

• Eliminating As-Of-Right Status of Polluting Facilities in Environmental Justice Areas Memo pdf (147kb) [ download ]
• Model Statute Eliminating As-Of-Right Status of Polluting Facilities in Environmental Justice Areas pdf (69kb) [ download ]
• Model Statute Eliminating As-of-Right Status of Polluting Facilities in Environmental Justice Areas Fact Sheet pdf (4192kb) [ download ]
• LPDD-Model-Law-Elimination-As-Of-Right-Status-for-Polluting-Facilities-in-EJ-Areas.docx docx (19kb) [ download ]