Bill > HB2141

This bill requires the Arizona Department of Environmental Quality (ADEQ) to identify and maintain a list of "burdened communities," defined as census tracts with median household incomes in the bottom thirty-three percent of the state, and to periodically update this list. For any new facility or expansion of an existing facility (such as power plants, incinerators, landfills, or certain waste management sites) proposed within a burdened community, the applicant must prepare a detailed environmental impact report, including cumulative impacts on the community's health and environment, and share it with the ADEQ, local government, and a community-designated representative at least thirty days before a public hearing. The applicant must then organize and conduct a public hearing in a convenient location, providing clear information and allowing for meaningful public participation, with notices published in local newspapers and sent to relevant parties. The ADEQ cannot make a permit decision until at least sixty days after this hearing and may deny a permit if the cumulative environmental and health risks to the burdened community would be unreasonable, considering existing conditions and the proposed facility. The ADEQ will also assess community support for the project, as demonstrated through the hearing and other feedback, as part of its decision-making process. This process applies once per project unless the ADEQ deems multiple hearings necessary due to complexity, and it does not limit the ADEQ's authority to require additional hearings under other laws. The ADEQ is authorized to adopt rules and issue guidance on evaluating cumulative impacts, which will be published online.

Agriculture and Natural Resources

https://apps.azleg.gov/BillStatus/BillOverview/83790