On June 29, 2023, Connecticut’s governor, Ned Lamont, signed Public Act 23-202, updating Connecticut’s Environmental Justice (EJ) Law. The update took effect October 1, 2023, introducing new cumulative impact assessments and enhancing public outreach requirements to EJ populations. The first stakeholder meeting, discussing the development of CT’s EJ regulations, was held on September 10, 2024. DEEP will continue to host meetings throughout 2024-2025. The meeting schedule and past meetings are posted and can be seen here.

EJ regulations will be made “through a collaborative process involving various stakeholders” (CT.gov, 2024) to ensure that they are created fairly and are in consideration of diverse perspectives. Minor modifications and renewals for existing permits will not be affected.

Affected facilities include any (A) electric generating facility with a capacity of > 10 MW; (B) sludge or solid waste incinerator or combustor; (C) sewage treatment plant with a capacity of > 50 million gallons per day; (D) intermediate processing center, volume reduction facility or multitown recycling facility with a combined monthly volume in excess of 25 tons; (E) new or expanded landfill, including, but not limited to, a landfill that contains ash, construction and demolition debris or solid waste; (F) medical waste incinerator; or (G) major source of air pollution, as defined by the federal Clean Air Act. A map of Affecting Facilities can be seen here.

The two major changes made to CT’s EJ law include:

1. The Department of Energy & Environmental Protection (DEEP) can develop regulations that will enable new cumulative impacts assessments (CIA).
   1. Included are guidelines for identifying, measuring, and evaluating the impacts of environmental and public health stressors across EJ communities in CT. Using the guidelines, DEEP will be able to address historical injustices and the disproportionate burden on EJ communities.
   2. The new change empowers DEEP to impose permit conditions or even deny permits to applicants seeking expansion or construction of their facilities. The proposed CIA regulations are expected by December 2025.
2. Public Participation: public outreach requirements
   1. Applicants affecting EJ communities must develop and implement a “meaningful public participation plan” and potentially enter a Community Environmental Benefit Agreement (CEBA) with the affected municipality to mitigate potential environmental impacts of the facility.
   2. Facilities are required to send a mailed notice to residents living within ½ mile of the affecting facilities and post notices online where the public can comment. New proposed affecting facilities and permits are required to record and post informal public meetings no more than 30 days after the meeting.
   3. CEBAs must have a connection to the impacts reasonably related to the facility.
   4. A member of the affected EJ community must be a part of the Agreement negotiation, along with the developer and the Town’s Executive Officer.
   5. More on EJ Public Participation Guidance

So, what does this mean? EJ communities can become more involved in the development of regulations that impact their areas, as well as in proposed changes to local facilities. Before any construction or expansion, facilities must notify the public and hold public meetings.

If you would like to discuss these EJ updates and how they may impact your CT facility, please contact Trinity’s Boston Office or call 508.273.8600.