REPS. PENDARVIS, W. NEWTON, HERBKERSMAN, BERNSTEIN, OTT, WETMORE and BALLENTINE propose the following Amendment No. to S. 525 (COUNCIL\CM\525C001.GT.CM21):

Reference is to Printer's Date 4/28/21-H.

Amend the bill, as and if amended, by adding the following appropriately numbered SECTION to read:

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

"Section 44-96-345. ( A)Beginning immediately upon the adoption of this act, the department shall not consider complete for review any application for a permit for a new advanced recycling facility or for the expansion or renewal of an existing advanced recycling facility, unless the permit applicant first:

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

(2) organizes and conducts a public hearing in the community.

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

(1) deny a permit for a new facility upon a finding by the department that approval of the permit, as proposed, would, together with other environmental or public health stressors affecting the community, cause or contribute to adverse cumulative environmental or public health stressors in the community that are higher than those borne by other communities within the State or county; or

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

(C) 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 community in question. " /