Senator K. JOHNSON proposed the following amendment (525R005.SP.KLJ):

Amend the bill, as and if amended, on page 3, line 27, by adding an appropriately numbered new SECTION to read:

/ SECTION_. Article 2, Chapter 96, Title 44 of the 1976 Code is amended by adding:

"Section 44-96-345. (A) The department shall not consider any permit application to renew, expand, or build an advanced recycling facility if the advanced recycling facility is located, or proposed to be located, in whole or in part, in any Tier IV or Tier III county or in a county in which at least forty percent of the households have limited English proficiency, unless the permit applicant first:

(1) prepares an assessment of the potential environmental and public health impacts associated with the proposed new or expanded advanced recycling facility, including any adverse environmental or public health impacts that cannot be avoided if the permit is granted, and the environmental or public health impacts already borne by the county as a result of existing conditions located in or affecting the county; and

(2) conducts a public hearing in the county in which the advanced recycling facility is or is proposed to be located;

(B)A fter a review of the assessment and any other relevant information, including testimony and written comments received at the public hearing, the department shall:

( 1)deny a permit for a new advanced recycling facility upon a finding by the department that the approval of the permit would cause or contribute to adverse cumulative environmental or public health impacts in the county that are higher than those borne by other counties within the State; or

(2)apply conditions to a permit for the expansion of an existing advanced recycling facility, or the renewal of an existing advanced recycling facility's permit, concerning the construction and operation of the advanced recycling facility to protect public health, upon a finding by the department that the approval of a permit or permit renewal, as proposed, would, together with other environmental or public health impacts affecting the county, cause or contribute to adverse cumulative environmental or public health impacts in the overburdened county that are higher than those borne by other counties within the State.

(B) For all permits and authorizations related to advanced recycling facilities, the department shall be required to assess the cumulative impacts of that action and other related actions geographically and on the county in question." /