N.C. General Assembly prioritizes environmental justice with House Bill 77

For decades, minority and low-income residents in North Carolina have experienced disproportionate exposure to environmental hazards and burdens. The state has a history of prioritizing industry over community health and resilience, ranging from harmful infrastructure like landfills and destructive transportation systems to polluting industries like CAFOs and even water contamination from PFAS. However, we could be closer to justice in our communities with House Bill 77, which could change how permits are authorized and distributed. The bill puts low-income and minority communities at the forefront of environmental decision-making, as it requires industries to consider the collective impacts environmental decisions have on overburdened communities. 

HB 77 sets forth requirements for permit distribution related to mining, solid waste management, or any hazardous waste facility. Permits for environmentally hazardous projects are required to have a reclamation plan (a plan to restore the land after use) and will not be issued without it. The bill calls for permits to be denied if any proposed action’s impact will adversely affect low-income and minority communities. In short, if it causes harm or adds to existing stressors, the permit can be denied! This applies to permits, permit renewals, certificates of coverage, and certificate of coverage renewals.  State agencies will also be required to report the combined environmental and health effects of projects funded by public money or using public land, as well as their impact on minority and poor communities. For projects approved in overburdened areas, the permitting body must have at least one public hearing in said community and provide at least 60 days’ notice of the hearing.

This bill represents a crucial step toward environmental justice in North Carolina. It ensures that our communities have federal safeguards protecting them from the collective impacts of environmental burdens and hazards. It gives underserved audiences a voice and forces agencies to consider the consequences of their decisions.