HB 1266

Environmental permits; cumulative impact of certain activities on environmental justice communities; public hearing and notice requirements. Requires any person seeking any permit approved or issued by the Department of Environmental Quality for a covered activity, as defined in the bill, prior to applying for or submitting any required notice of intent to apply for a permit for a covered activity, to submit a site-specific public participation plan to the Department for approval. The bill requires the applicant and the Department to complete certain notice requirements including (i) holding a public hearing; (ii) publishing notices in English and other languages regularly spoken by persons who reside within a five-mile radius of the location of the proposed covered activity in a newspaper, on social media, on cable or radio stations, and on the applicant and Department's website at least 30 days for the applicant and 45 days for the Department prior to such public meeting; (iii) mailing notices to interested parties; (iv) accepting written comments; (v) transcribing meeting information; and (vi) responding to community concerns to the satisfaction of the Department. The bill directs the Department to require the applicant to submit (a) certain information when applying for a permit for a covered activity, such as a transcript of the public meeting, an environmental justice statement, and a certification of compliance and (b) a mitigation plan if the Department determines the proposed covered activity would cause or contribute to any adverse impact, including an adverse cumulative impact on an environmental justice community that is greater than that borne by other communities within the Commonwealth, locality, or other geographical unit of analysis determined by the Department. The bill requires the Department to deny the applicant's permit application if the applicant fails to comply with the requirements of the bill and fails to identify each adverse impact that the applicant must address in a mitigation plan to the satisfaction of the Department. Finally the bill directs the Department to adopt regulations or issue a guidance document to implement the provisions of the bill by June 30, 2028, and has a delayed effective date of July 1, 2028.