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Senate bill would create environmental justice areas in R.I.
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Senate bill would create environmental justice areas in R.I.

On Wednesday, several people spoke out about the negative effects of pollution on residents living near Allens Avenue in Providence.

Topher Hamblett (director of advocacy, policy, Save the Bay) stated that Allens Avenue’s mile-and-a half stretch contains many sources of pollution. This includes an asphalt plant and petroleum terminals. In addition, the incessant traffic along Route 95 is a constant source for air pollution, especially during traffic jams.

Hamblett stated that everyone in the state should have access to clean water and air. This is not true. Some communities in Rhode Island, especially those of color or communities with high economic stress, are unfairly bearing the cumulative pollution effects. It is now that the General Assembly must step in.

He stated that although the cumulative effects of pollution on areas like Allens Avenue are evident, permits for new facilities will be considered on an individual basis.

Hamblett stated that this is the problem. This long overdue legislation gives people some recourse and some playing field to address cumulative effects.

Recent attention has been focused on the proposal of Sea 3 Providence LLC to increase freight rail imports and to build more storage tanks for propane gas at its terminal at the Port of Providence, near Allens Avenue.

Senator Joshua Miller, a Cranston Democrat said he commutes along Allens Avenue and sees a lot more facilities that cause pollution. He stated that there is a lack in understanding and appreciation of the impacts on surrounding communities when hearings are held about new proposals.

He stated that facilities are planned for communities without regulatory bodies who don’t understand or lack a participation mechanism for those who will likely be impacted. He stated that legislation is urgently needed.

Priscilla de La Cruz, senior director of government affairs at the Audubon Society of Rhode Island, and president of Environmental Council of Rhode Island, added a personal note of support to the bill.

She is a Latina, who grew up in Providence’s West End and South Side. She said that she has seen and continues to see how pollution affects a large number of her family members, including severe asthma.

De La Cruz said that many communities are experiencing these types of health impacts. She said that people and communities are both suffering. These issues are personal to communities and people of colour when we speak about them.

The bill defines an area of environmental justice as a neighborhood, community or census tract that meets at least one of these criteria.

  • The annual median household household income is 65 percent less than the statewide average household income
  • Minority population equals or exceeds 40 percent of the total population
  • At least 25% of households lack English language proficiency
  • Minorities make up at most 25 percent of population. The annual median household Income of the proposed municipality is not over 150 percent of statewide’s annual average household income.

The bill permits facilities such as:

  • Sewage treatment plants
  • Landfills
  • Incinerators for medical waste
  • Electricity-generating facilities
  • Incinerators or resource recovery facilities
  • Transfer stations, recycling facilities, or other solid-waste facilities

Brian P. Moran, director for government affairs at New England Convenience Store and Energy Marketers Association, stated to the Senate Environment and Agriculture Committee, that Rhode Island is not ready for the cumulative impact analysis required in the legislation. He stated that the state would require more resources, staff, and technology platforms in order to allow permit applicants analyze cumulative impacts. Rhode Island should therefore wait until it is better prepared.

Moran stated that without this understanding and investment, I believe it will harm the state’s regional competitiveness. Without that foundation, permitting will be difficult, especially for larger permits that are critical to the state’s economic health.

Foster Republican Senator Gordon E. Rogers raised the same concerns, pointing out that Rhode Island had passed other environmental laws before it was ready to implement them. He said that the state planning committee responsible for this process had a lot of vacant seats.

Rogers stated that this is one of those issues I am not against but that we must be prepared for the consequences. He also said that it is important to get things in order and fill positions. We are passing bills regarding straws and other items. There is a fine for that, but Im not certain how many straws were handed out.

Patrick Crowley, secretary-treasurer at the Rhode Island AFL-CIO spoke in support of the bill.

He said that one of the best things about this is the cumulative effect studies. He stated that pollution-causing industries have been allowed to accumulate in unregulated or minimally controlled areas of the state for too long. Therefore, it is important to account for the cumulative effect and allow the surrounding communities to participate in the review process.

The Senate Environment and Agriculture Committee voted 6-1 to recommend passage. Rogers voted no.


Edward Fitzpatrick can be reached at [email protected]. Follow him on twitter @FitzProv.

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