New Jerseyans who have long been subjected to heavy burdens of pollution — particularly poor communities of color in Garden State cities — now have new protections.
Gov. Phil Murphy joined U.S. Sen. Cory Booker, and dozens of state lawmakers, local leaders and environmental justice advocates in Newark Friday morning to sign a landmark law aimed at protecting vulnerable communities from future pollution.
The signing ceremony was held at Raymond Brown Park, a place that epitomizes such a community. The small green space is on the side of bustling Route 21, at the edge of the city’s Ironbound neighborhood. The area transitions quickly from residences to heavy industry.
The law requires the New Jersey Department of Environmental Protection to consider how pollution from certain types of new facilities, and facilities seeking to renew environmental permits, may impact communities that already host a disproportionate amount of contamination. If the DEP finds that such facilities would have a disproportionate negative impact on the host community, the department is required to reject permit applications for the facility.
The DEP is required to produce a list of such “overburdened communities” in the state, which would be defined as census block groups in which at least 35% of the households qualify as low-income, at least 40% of residents identify as minority or as members of a State-recognized tribal community, or at least 40% of the households have limited English proficiency.
There are about 310 municipalities in the state that are affected by this new law, according to Murphy’s office. About 4.5 million New Jerseyans live in those communities.
“Today we are sending a clear message that we will longer allow Black and brown communities in our state to be dumping grounds, where access to clean air and clean water are overlooked,” Murphy said. “This action is a historic step to ensure that true community input and collaboration will factor into decisions that have a cumulative impact for years to come. I’m incredibly proud that New Jersey is now home to the strongest environmental justice law in the nation.”
Affected facilities include:
- Power plants that generate 10 megawatts or more of electricity
- Incinerators
- Sewage treatment plants with a capacity of more than 50 million gallons per day
- Solid waste facilities
- Landfills
- Anything defined as a major source of air pollution under the federal Clean Air Act
Booker, who is campaigning for re-election this November, applauded the new law and pledged to continue pushing for similar regulations on the federal level.
“Clearly, on environmental justice, wherever the United States is going, New jersey is going there first,” Booker said.
Versions of the new regulations had been proposed by Democratic lawmakers as far back as 2008, when the measure was initial introduced by state Sen. Ron Rice, D-Essex, and state Sen. Loretta Weinberg, D-Bergen.
Early iterations of the bill failed to gain traction. But this year marked a turning point, with COVID-19 laying bare inequalities in public and environmental health. A Harvard study in April linked historic exposure to air pollution with higher death rates from the disease. Last week, new research from the State University of New York and ProPublica brought more evidence that polluted communities are more threatened by the pandemic.
More momentum came to the proposal this summer, as a massive movement — sparked by the killings of George Floyd, Breonna Taylor and more — urged leaders at all levels of government to address systemic racism and inequities in society. In June, Murphy marked Juneteenth with a press conference to announce his support for the new environmental justice protections.
The measure was finally sent to Murphy’s desk at the end of August, after being passed 49-28-1 in the state Assembly and 21-14 in the state Senate.
Environmental justice advocates praised the signing of the bill as delivering long-sought protections for communities that have spent decades living with the side effects of industry.
“I know all too well the environmental degradation that I have suffered from,” said Kim Gaddy, an environmental justice organizer for Clean Water Action and a life-long resident of Newark’s South Ward. Gaddy noted that each of her three children has asthma.
“The victory is for each and every one of us,” Gaddy said.
Still, there was some lamenting that the 12 years it took to reach this point.
“That’s a generation that might’ve gotten asthma, that might’ve died of COVID,” said Maria Lopez-Nuñez, Deputy Director of Organizing and Advocacy at the Ironbound Community Corporation.
“As long as even one life is in jeopardy, our work is not done,” Melissa Miles, the executive director of the New Jersey Environmental Justice Alliance, added.
Critics of the new law have warned that such regulation will dissuade manufacturers and other companies from investing in New Jersey. But Assemblyman John McKeon, D-Essex, a lead sponsor of the new law, argued that the new regulations would create jobs as companies adapt to meet new standards.
The Murphy administration has placed a focus on environmental justice, including the appointment of a new deputy commissioner at DEP, the recent pushback against an EPA incinerator study in Rahway and the filing of a dozen new pollution lawsuits last month.
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Michael Sol Warren may be reached at mwarren@njadvancemedia.com.