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HD 3589

An Act limiting toxics release inventory facilities in environmental justice communities

194th Legislature (2025-2026) Introduced by Michelle DuBois

Limits the siting and expansion of TRI facilities in environmental justice neighborhoods, with a rulemaking cap to protect residents’ health and environment.

Senate concurred
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Bill Summary · HD 3589

Summary: An Act Limiting Toxics Release Inventory Facilities in Environmental Justice Communities (HD 3589)

Status: Senate concurred

Introduced: February 27, 2025

Purpose
- To reduce the siting and expansion of Toxics Release Inventory (TRI) facilities in environmental justice (EJ) communities. The bill directs state agencies under the Executive Office of Energy and Environmental Affairs (EEA) to limit future TRI facilities within EJ neighborhoods, prioritizing protections to residents’ health and access to a clean environment.

Key Provisions

1) Additions to Chapter 30 (general laws)
- The bill inserts new sections 62J and 62K into Chapter 30 to address TRI facilities and EJ populations.

2) Section 62J – Definitions
- Establishes key terms for the new provisions, including:
- Equal Protection: ensures no group bears an unfair share of environmental pollution or has limited access to resources.
- Environmental Justice Population: as defined in Acts of 2021, Chapter 8, and related EJ frameworks.
- TRI Facility: facilities subject to EPA’s Toxics Release Inventory or equivalent state regulations concerning pollutants/toxins.
- Lacking English Language Proficiency: households without an adult proficient in English, per federal census forms.
- Executive Office of Energy and Environmental Affairs (EEA) and Secretary of EEA.
- Toxics Release Inventory (TRI) and related program.
- Clarifies the scope of agencies and facilities covered by the upcoming rules.

3) Section 62K – Siting/Expansion Reduction and Rulemaking
- Directive to the Secretary of EEA to:
- Within 30 days after passage, direct each relevant department/board/program to issue recommendations aimed at substantially decreasing the siting or expansion of TRI facilities within EJ neighborhoods.
- Within 180 days after the Act’s effective date, begin a rulemaking process to establish a cap on the total number of TRI facilities that may be sited or expanded within any EJ-population neighborhood.
- Ensure the rulemaking prioritizes reducing residents’ exposure to TRI-listed toxins and preserving residents’ access to a healthy environment, regardless of race, income, national origin, or language proficiency.

Impact and Affected Parties

  • Affected Parties:
    • Environmental justice communities and residents in EJ neighborhoods.
    • TRI facilities and potential developers/operators seeking siting or expansion.
    • State agencies within the EEA, and other permitting bodies whose actions influence TRI facility siting.
  • Potential Impacts:
    • Imposes a cap on the number of TRI facilities within EJ neighborhoods, altering future development and expansion plans.
    • Increases regulatory emphasis on health risk reduction and environmental protections in EJ areas.
    • Triggers administrative rulemaking to formalize caps and related protections; could affect permitting timelines and project viability for affected facilities.

Procedural and Timeline Aspects

  • Legislative Actions:
    • Feb 27, 2025: Referred to the Committee on Environment and Natural Resources; Senate concurred (indicating cross-chamber agreement on the bill text).
  • Key Timeframes:
    • 30 days after passage: Secretary of EEA must direct relevant agencies to propose ways to reduce TRI siting/expansion in EJ neighborhoods.
    • 180 days after effective date: Initiate formal rulemaking to establish caps on TRI facilities in EJ neighborhoods.

Notes
- The bill mirrors prior related proposals (House No. 789, 2023-2024) and targets alignment of state permitting with EJ protections.
- Specific enforcement mechanisms beyond the cap and rulemaking are to be defined in the rulemaking process.

Compiled from official sources — confirm details with the bill’s official record.

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