New Connecticut Environmental Justice Law Includes Definition of Community Environmental Benefit Agreement

In May 2008, Connecticut Legislature passed, and the Governor signed, the State’s first environmental justice law.  The law took effect January 1, 2009.  Definitions are provided for “environmental justice community,” “affecting facility,” “meaningful public participation,” and “community environmental benefit agreement.” By the statutory definition, 25 low income towns (called distressed municipalities) and low income neighborhoods in 34 other Connecticut towns are identified as environmental justice communities.  The law requires that applicants who propose to locate an affected facility in an environmental justice community must file a meaningful public participation plan with the department of environmental protection or the Connecticut Siting Council. Measures to facilitate meaningful public participation in the regulatory process are described. A municipality, owner or developer may enter into a community environmental benefit agreement which provides mitigation, such as environmental education, diesel pollution reduction, construction of biking and walking trails, staffing for parks, urban forestry, community gardens, and other things.  The Act defines  “Community environmental benefit agreement” as “a written agreement entered into by a municipality and an owner or developer of real property whereby the owner or developer agrees to develop real property that is to be used for any new or expanded affecting facility and to provide financial resources for the purpose of the mitigation, in whole or in part, of impacts reasonably related to the facility, including, but not limited to, impacts on the environment, traffic, parking and noise.”  This may be the first statutory definition of a community benefit agreement.

                                                    

CT Public Act 08-94, HB 5145

 

The new law can be accessed at:

http://www.cga.ct.gov/2008/ACT/PA/2008PA-00094-R00HB-05145-PA.htm

 

For more information, visit the Connecticut Coalition for Environmental Justice at:

http://www.environmental-justice.org/EJ%20Bill%20Passed.htm

 

To learn more about community benefit agreements download articles at:

http://papers.ssrn.com/abstract=1025724

http://papers.ssrn.com/abstract=1117681

http://papers.ssrn.com/abstract=1157613

http://papers.ssrn.com/abstract=1272795

 

To read about the intersection of environmental justice and land use see:

http://papers.ssrn.com/abstract=1029861