North Carolina HB 77: Drivers License Designation/Autism.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 77

Short Title: Environmental Justice. (Public)
Sponsors: Representatives Harrison, F. Jackson, R. Pierce, and Lopez (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
February 11, 2025
*H77-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REQUIRE CONSIDERATION OF THE CUMULATIVE IMPACT OF A 2
PROPOSED ENVIRONMENTAL PERMITTING DECISION ON MINORITY OR 3
LOW-INCOME COMMUNITIES AND TO PROVIDE ENHANCED PUBLIC 4
PARTICIPATION OPPORTUNITIES FOR PERMITTING DECISIONS IMPACTING 5
OVERBURDENED COMMUNITIES. 6
The General Assembly of North Carolina enacts: 7
SECTION 1.(a) G.S. 74-51 reads as rewritten: 8
"§ 74-51. Permits – Application, granting, conditions. 9
(a) Any operator desiring to engage in mining shall make written application to the 10
Department for a permit. The application shall be upon a form furnished by the Department and 11
shall fully state the information called for; in addition, the applicant may be required to furnish 12
any other information as may be deemed necessary by the Department in order adequately to 13
enforce this Article. The application shall be accompanied by a reclamation plan that meets the 14
requirements of G.S. 74-53. No permit shall be issued until a reclamation plan has been approved 15
by the Department. The application shall be accompanied by a signed agreement, in a form 16
specified by the Department, that in the event a bond forfeiture is ordered pursuant to G.S. 74-59, 17
the Department and its representatives and contractors shall have the right to make whatever 18
entries on the land and to take whatever actions may be necessary in order to carry out 19
reclamation that the operator has failed to complete. 20
... 21
(d) The Department may deny the permit upon finding: 22
... 23
(8) The cumulative impact of the proposed action (including the impact on public 24
health), when considered in relation to other similar impacts of actions taken 25
or proposed in the community, would have a disproportionate adverse impact 26
on a low-income community or a minority community protected by Title VI 27
of the federal Civil Rights Act of 1964. 28
...." 29
SECTION 1.(b) This section becomes effective July 1, 2025, and applies to any 30
application for a mining permit pending on that date. 31
SECTION 2.(a) G.S. 130A-294(a)(4)c. reads as rewritten: 32
"c. The Department shall deny an application for a permit for a solid waste 33
management facility if the Department finds that: 34
... 35

General Assembly Of North Carolina Session 2025
Page 2 House Bill 77-First Edition
9. The cumulative impact of the proposed facility, when 1
considered in relation to other similar impacts of facilities 2
located or proposed in the community, would have a 3
disproportionate adverse impact on a low-income community 4
or a minority or low-income community protected by Title VI 5
of the federal Civil Rights Act of 1964. This subdivision shall 6
apply only to the extent required by federal law." 7
SECTION 2.(b) This section becomes effective July 1, 2025, and applies to any 8
application for a permit for a solid waste management facility that is pending on that date. 9
SECTION 3.(a) G.S. 113A-4 reads as rewritten: 10
"§ 113A-4. Cooperation of agencies; reports; availability of information. 11
The General Assembly authorizes and directs that, to the fullest extent possible: 12
... 13
(2) Every State agency shall include in every recommendation or report on any 14
action involving significant expenditure of public moneys or use of public 15
land for projects and programs significantly affecting the quality of the 16
environment of this State, a detailed statement by the responsible official 17
setting forth the following: 18
... 19
g. The cumulative impact of the proposed action (including the impact 20
on public health), when considered in relation to other similar impacts 21
of actions taken or proposed in the community, on a low-income 22
community or a minority community protected by Title VI of the 23
federal Civil Rights Act of 1964. 24
...." 25
SECTION 3.(b) This section becomes effective July 1, 2025, and applies to any 26
environmental documents for proposed actions submitted on or after that date. 27
SECTION 4.(a) G.S. 113A-120 reads as rewritten: 28
"§ 113A-120. Grant or denial of permits. 29
(a) The responsible official or body shall deny an application for a permit upon finding: 30
... 31
(9a) In any case, the proposed development, when considered in relation to other 32
similar impacts of developments located or proposed in the community, would 33
have a disproportionate adverse impact on a low-income community or a 34
minority community protected by Title VI of the federal Civil Rights Act of 35
1964. For purposes of this subdivision, "adverse impact" includes impacts on 36
public health. 37
(10) In any case, that the proposed