2023 -- S 0909

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LC000704

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- GREEN JUSTICE ZONES AND

ENVIRONMENTAL JUSTICE

     Introduced By: Senators Mack, and Euer

     Date Introduced: March 30, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 17.11

GREEN JUSTICE ZONES AND ENVIORNMENTAL JUSTICE

     42-17.11-1. Definitions.

     As used in this chapter:

     (1) "Additional environmental remediation project" means the item in the list of available

environmental remediation projects that received fewer votes than the selected environmental

remediation project, but more votes than every other item in the list of available environmental

remediation projects, during the most recent environmental justice referendum.

     (2) "Available environmental remediation projects" means the list of environmental

remediation projects set forth in § 42-17.11-9.

     (3) "Board" means the board of the Green Justice Zone.

     (4) "Chemical manufacturing plant" means a facility that produces or processes chemicals

for wholesale or retail distribution.

     (5) "Chemical storage facility" means a facility that stores chemicals that are intended for

wholesale or retail distribution.

     (6) "Community meetings” means the series of community meetings described in § 42-

17.11-10.

     (7) "Council" means the coastal resources management council (CRMC).

     (8) "Cumulative impacts" means an exposure, public health or environmental risk, or other

effect occurring in a specific geographical area, including from any environmental pollution

emitted or released routinely, accidentally, or otherwise, from any source, and assessed based on

the combined past, present, and reasonably foreseeable emissions and discharges affecting the

geographical area. "Cumulative impacts" shall be evaluated based on any applicable guidance

issued by the department.

     (9) "Department" means the department of environmental management (DEM).

     (10) "Director" means the director of the DEM.

     (11) "Employment administrator" means the employment administrator appointed by the

board, as set forth in § 42-17.11-6.

     (12) "Environmental justice" means that all individuals are afforded the right to equitable

access to environmental benefits; proportionate distribution of environmental burdens; fair and

equitable treatment and meaningful involvement in decision-making processes and the

development, implementation, and enforcement of environmental laws, regulations, and policies;

and recognition of the unique needs of individuals of all race, color, income, class, ability status,

gender identity, sexual orientation, national origin, ethnicity or ancestry, religious belief, or English

language proficiency. Environmental justice redresses structural and institutional racism,

colonialism, and other system of oppression that result in the marginalization, degradation,

disinvestment, and neglect of Black, Indigenous, and communities of color. Environmental justice

requires prioritizing resources for community revitalization, ecological restoration, resilience

planning, and a just recovery to communities most impacted by environmental injustices and

natural disasters.

     (13) "Environmental justice population" means a census block group that meets one or

more of the following criteria:

     (i) Annual median household income is not more that fifty-five percent (55%) of the

statewide annual median household income;

     (ii) People of color or Indigenous Peoples population is equal to or greater than twenty-

five percent (25%) of the population;

     (iii) Twenty percent (20%) or more of the households lack English language proficiency;

or

     (iv) Is comprised of an Indigenous People or Tribal Reservation. For a census block group

that does not meet said criteria, but a geographic portion of that neighborhood meets at least one

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criterion, the commissioner may designate that geographic portion as an environmental justice

population upon the petition of at least ten (10) residents of the geographic portion of that

neighborhood meeting any such criteria.

     (14) "Environmental remediation workers" means individuals who work on the selected

environmental remediation project or the additional environmental remediation project within the

Green Justice Zone, including employees, contractors, and subcontractors.

     (15) "Fair treatment" means no group of people should bear a disproportionate share of the

negative environmental consequences resulting from industrial, governmental, or commercial

operations or policies.

     (16) "Fossil fuel storage facility" means a facility that stores fossil fuel for wholesale

distribution.

     (17) "Green Justice Zone" means the special district encompassing the geographic area that

are established by the Green Justice Zone board.

     (18) "Meaningful involvement" means:

     (i) People have an opportunity to participate in decisions about activities that may affect

their environment and/or health;

     (ii) The public's contribution can influence the regulator agency's decision;

     (iii) Community concerns will be considered in the decision-making process; and

     (iv) Decision makers will seek out and facilitate the involvement of those potentially

affected.

     (19) "Permit" means any permit, registration, or license issued by the department or council

establishing the regulatory and management requirements for a regulated activity as authorized by

federal law or state law where there is a possibility of cumulative impacts in an environmental

justice focus area, including any consistency determination made by the council.

     (20) "Permitted activity" means:

     (i) Permitting for any of the following facilities:

     (A) Electric generating facility;

     (B) Resource recovery facility or incinerator;

     (C) Sludge combustor facility or incinerator;

     (D) Sewage treatment plant;

     (E) Transfer station, recycling center, or other solid waste facility;

     (F) Landfill, including, but not limited to, a landfill that accepts ash, construction or

demolition debris, or solid waste;

     (G) Medical waste incinerator; and

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     (H) Pyrolysis or gasification facility;

     (I) Scrap metal facility;

     (J) Asphalt businesses;

     (K) Auto salvage facility; or

     (L) Petroleum storage facility.

     (ii) Any other activity, including permit renewals or amendments, falling under the

regulatory authority of the department or council that has the possibility of increasing the

cumulative impacts in an environmental justice focus area as defined in this chapter, including, but

not limited to, a major source of air pollution, as defined by the federal "Clean Air Act," 42 U.S.C.

§ 7401 et seq., or a source of water pollution, as defined by the federal "Clean Water Act," 33

U.S.C. § 1362(6).

     42-17.11-2. Establishment of Green Justice Zones.

     (a) There is hereby created special districts each to be known as a Green Justice Zone that

collectively are part of the Green Justice Zone program.

     (b) Green Justice zones seek to achieve health equity, improve quality of life, and climate

resilience in environmental justice populations through leadership of residents in the Green Justice

Zone. Green Justice Zones use a collaborative governance model with environmental justice

populations to make investments in sustainability and equity in neighborhoods that have been

disinvested in and are overburdened by pollution.

     42-17.11-3. Green Justice Zone Board.

     (a) The board of the Green Justice Zones shall consist of five (5) board members each of

whom must have direct experience living or working in an overburdened community.

     (b) All functions, services, and duties of the Green Justice Zone shall be carried out by the

board, including:

     (1) The operations, maintenance, and management of the Green Justice Zone program; and

     (2) Individuals employed to complete work relating to the Green Justice Zone program.

     (c) Three (3) members of the board shall constitute a quorum and a vote of three (3)

members shall be necessary for any action taken by the board.

     (d) All meetings of the board shall be subject to chapter 46 of title 42 (the "open meetings

act").

     42-17.11-4. Powers of the Green Justice Zone Board.

     (a) The board shall have the authority to identify Green Justice Zones located in any

municipality in the state after seeking input from residents of environmental justice populations

and ensuring that Green Justice Zones include locations that meet at least one criterion for

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designation as an environmental justice population.

     (b) The board shall vote on funding and resource allocation in Green Justice Zones for

environmental remediation projects, development of microgrids, distributed energy resources,

climate resiliency, weatherization, energy efficiency, electrification of buildings or transportation.

The board shall recommend contracts and contractors for work performed in a Green Justice Zone

to achieve any purpose of the Green Justice Zone program. The board may delegate these powers.

     42-17.11-5. Election of the Green Justice Zone Board.

     (a) Five (5) months after the enactment of this chapter, and every two (2) years thereafter,

there shall be an election by ballot, organized by the secretary of state, to elect the board of the

Green Justice Zone. The five (5) candidates who receive the highest number of votes in an election

shall be elected to the board.

     (b) For the initial election of board members, all registered voters in environmental justice

populations shall be eligible to vote to elect the inaugural five (5) board members. For the second

and subsequent elections, all registered voters who reside within the Green Justice Zone shall be

eligible to vote in an election to elect the board of the Green Justice Zone.

     (c) For the second and subsequent elections, no individual shall be eligible to be a board

member of the Green Justice Zone unless they have been a resident of the Green Justice Zone for

the past five (5) years, continuously.

     (d) A board member of the Green Justice Zone shall, at all times, be a resident of the Green

Justice Zone for the entirety of the time that they serve as a board member.

     (e) Board members shall receive an annual salary equivalent to one hundred forty percent

(140%) of the statewide per capita income as determined by the U.S. Census Bureau.

     (f) The board shall ensure that each board member receives health insurance and dental

insurance.

     42-17.11-6. Appointment of employees to serve the Green Justice Zone Board.

     (a) The board shall appoint an employment administrator who shall be the appointing

authority for all employees of the board. The board may dismiss an employment administrator at

any time and for any lawful reason.

     (b) The employment administrator may hire employees and contractors to carry out tasks

pertaining to the mission, purpose, and duties of the Green Justice Zone or to perform

administrative or custodial tasks for the Green Justice Zone. The employment administrator may

dismiss employees and contractors.

     (c) The board may dismiss an employment administrator at any time and for any lawful

reason.

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     (d) The employment administrator shall make all feasible, appropriate, and lawful efforts

to ensure diversity among the employees of the board, including with regard to race, color, national

origin, religion, sex, sexual orientation, gender identity or expression, marital status, military status

as a veteran with an honorable discharge or an honorable or general administrative discharge,

service member in the armed forces, country of ancestral origin, disability, age, housing status,

familial status, or immigration status.

     42-17.11-7. Compensation of employees.

     The employment administrator shall determine annual compensation and benefits for all

employees, contractors, and subcontractors of the board, provided that no employee, contractor, or

subcontractor earns less than one hundred forty percent (140%) of the statewide per capita income

as determined by the U.S. Census Bureau, and provided that every employee shall receive health

insurance, dental insurance, at least two (2) weeks of paid vacation time, and at least one paid sick

day off of work for every twenty (20) days in which they work more than six (6) hours.

     42-17.11-8. Receipt and use of funds.

     (a) The board shall have the authority to receive and expend funds from any sources, public

or private, including, but not limited to, legislative enactments, bond issues, devises, grants, or

bequests. The board is authorized to enter into any contracts necessary to obtain and expend those

funds.

     (b) The board shall appoint a treasurer to receive and expend funds, and to enter into any

contracts necessary to obtain and expend funds. The treasurer shall be a full-time employee.

     (c) The board may dismiss a treasurer at any time and for any lawful reason.

     42-17.11-9. Available environmental remediation projects and climate mitigation and

resiliency projects within the Green Justice Zone.

     (a) The following items constitute the full and complete list of available environmental

remediation projects:

     (1) Improving ventilation and air filtration in residential homes and residential buildings

within the Green Justice Zone;

     (2) Installing photovoltaic solar panels on residential homes and residential building within

the Green Justice Zone;

     (3) Retrofitting residential homes and residential buildings within the Green Justice Zone

to improve their energy efficiency;

     (4) Replacing lead service pipes connected to residential homes and residential buildings

within the Green Justice Zone;

     (5) Lead abatement in soil or paint within the Green Justice Zone;

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     (6) Cleaning up pollution within the Green Justice Zone; and

     (7) Cultivating public green spaces within the Green Justice Zone.

     (b) The following items constitute a partial list of climate mitigation and resiliency projects:

     (1) Development of microgrids;

     (2) Installation of distributed energy resources;

     (3) Blue carbon climate adaptation projects;

     (4) Preservation and maintenance of mature trees;

     (5) Planting trees;

     (6) Adding green and open space;

     (7) Increasing pervious surface;

     (8) Pre-weatherization, weatherization, and energy efficiency services; and

     (9) Eelectrification of buildings or transportation.

     42-17.11-10. Community meetings and discussion.

     (a) The Green Justice Zone Board shall organize no fewer than six (6) community meetings

where Green Justice Zone residents shall have the opportunity to discuss the relative merits of

different options within the available environmental remediation projects. The final community

meeting shall take place within eight (8) months of the enactment of this chapter.

     (b) The Green Justice Zone Board shall provide a clean, well-lit venue easily accessible to

zone residents for community meetings. The treasurer shall pay the full and complete cost of

securing the venue as well as any reasonable transportation expenses incurred by zone residents

traveling to the venue.

     (c) The Green Justice Zone board shall ensure that each community meeting has at least

one translator capable of translating between English and any other language spoken by at least

five (5) percent of the Rhode Island population, as determined by the U.S. Census Bureau. The

translator shall receive an hourly wage that is not less than the quotient of one divided by one

thousand nine hundred twenty (1/1,920), multiplied by one hundred forty percent (140%) of the

statewide per capita income, as calculated by the U.S. Census Bureau, and not more than the

quotient of one divided by one thousand nine hundred twenty (1/1,920), multiplied by one hundred

and eighty percent (180%) of the statewide per capita income, as calculated by the U.S. Census

Bureau. The treasurer shall pay the full and complete cost of the translator's fee.

     (d) Green Justice Zone residents shall not be charged for any costs related to organizing a

community meeting.

     (e) Green Justice Zone residents shall receive no less than twenty dollars ($20.00) and no

more than twenty-five dollars ($25.00) for each hour that they spend attending a community

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meeting, unless they opt to forego the stipend.

     (f) The Green Justice Zone Board shall ensure that each community meeting includes

nutritious food and clean drinking water, freely available to all zone residents in attendance at the

community meeting.

     42-17.11-11. Implementation of environmental remediation projects.

     (a) The selected environmental remediation project shall be implemented by the Green

Justice Zone Board as promptly as possible.

     (b) The treasurer shall pay the complete costs of completing the selected environmental

remediation project and, if applicable, the additional environmental remediation project.

     (c) If, after fully completing the selected environmental remediation project, the treasurer

has remaining funds earmarked for the Green Justice Zone program, the treasurer shall use the

remaining funds to implement or partially implement the additional environmental remediation

project. None of the environmental remediation projects enumerated in §§ 42-17.11-9(a)(1) through

42-17.11-9(a)(4), inclusive, shall be considered complete unless they have been offered to every

residential homeowner and every residential building owner within the Green Justice Zone.

     (d) To implement the selected environmental remediation project or the additional

environmental remediation project, the employment administrator may hire environmental

remediation workers.

     42-17.11-12. Consent required.

     The Green Justice Zone Board established in § 42-17.11-3 shall not perform any

environmental remediation project on a residential home without that homeowner's informed

consent, nor shall the board change or modify a residential home, install anything on a residential

home, or remove anything from a residential home as part of an environmental remediation project

without obtaining the homeowner's informed consent.

     42-17.11-13. Permit requirements and cumulative impacts assessment in an

environmental justice population.

     (a) The department shall not approve or issue a permit to construct or operate an activity

in an environmental justice population or within one half (½) mile of an environmental justice

population unless:

     (1) The applicant contacts community-based organizations, abutters, elected officials, and

other impacted stakeholders at least forty-five (45) days prior to filing an application to share

information about the project and the applicant responds to community concerns and ideas before

filing a permit application;

     (2) The applicant prepares a report assessing the environmental impact of the proposed

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permitted activity, including any cumulative impacts on the environmental justice population, any

adverse environmental effects that cannot be avoided should the permit be granted, and the public

health impact on the environmental justice population of the proposed permitted activity;

     (3) The applicant transmits the report required to be prepared pursuant to subsection (a)(2)

of this section at least thirty (30) days in advance of the public hearing required pursuant to

subsection (a)(4) of this section to the department or council, the governing body and the clerk of

the municipality in which the environmental justice population is located, and the designated

representative of the environmental justice population. The report shall be made available to the

public at least thirty (30) days prior to the public hearing required pursuant to subsection (a)(4) of

this section; and

     (4) The department conducts a public hearing that provides for the fair treatment and

meaningful involvement of the public. The permit applicant shall publish public notices of the

hearing in a newspaper with statewide circulation and through the department's website and through

a newspaper, newsletters and other media that specifically focus on the community near the site

not less than twenty-one (21) days prior to the hearing. When appropriate to ensure language access

for limited English proficient speakers, the notices shall be translated and published in other

languages spoken by impacted residents, which shall be publicly available at the same time as the

English notice. At least fourteen (14) days prior to the date set for such hearing, a copy of the public

notice shall be sent to the department or the council, the governing body and the clerk of the

municipality in which the environmental justice population is located, and the designated

representative of the environmental justice population. At the public hearing, the permit applicant

shall provide clear, accurate, and complete information about the proposed permitted activity and

the potential environmental and health impacts of the permitted activity and respond to attendee

questions. Following the public hearing, the director or designee shall consider the testimony

presented and evaluate any revisions or conditions to the permit that may be necessary to reduce

the adverse impact to the public health or to the environment in the environmental justice

population. The department shall provide interpretation services at public hearings where limited

English proficient populations are impacted, which can be paid for by the applicant though must

be managed by the department.

     (b) The department or council shall not issue a decision on the permit application until at

least forty-five (45) days after the public hearing held pursuant to this section. Notwithstanding the

provisions of any other law, or rule or regulation adopted pursuant thereto, to the contrary, the

department or council shall deny a permit application in an environmental justice population upon

a finding that the approval would, together with the cumulative impacts posed by the existing

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conditions, including conditions resulting from already permitted activities, in the environmental

justice population, constitute an increase in greenhouse gas emissions or result in risk to the health

of the residents of the environmental justice population or to the environment in the environmental

justice population.

     (c) The department or council, when evaluating an application for approval pursuant to this

section, shall assess the community support or opposition for the proposed permitted activity, as

demonstrated through the public hearing conducted pursuant to subsection (a) of this section, letters

of support for, or opposition to, the proposed permitted activity, and any ordinance or resolution

adopted by the governing body of the municipality in which the environmental justice population

is located. The department shall consider community support, or the lack thereof, in its decision to

grant or deny a permit or other approval.

     (d) If a permit applicant is applying for more than one permit for a proposed permitted

activity, the permit applicant shall only be required to comply with the provisions of this section

once for the same facility in the same location, unless the department, in its discretion, determines

that more than one public hearing is necessary due to the complexity of the proposed permitted

activity. Nothing in this section shall be construed to limit the authority of the department to hold

or require additional public hearings.

     (e) The department shall deny a permit or approval for the construction of a new polluting

facility or the expansion of an existing polluting facility if that polluting facility is located within

an environmental justice population and is an overburdened community or within one mile of an

environmental justice population that is an overburdened community.

     (f) As part of issuing a permit following consideration of a cumulative impact analysis, the

department shall impose conditions on the construction and operation of a polluting facility, if the

administrator determines that those conditions will protect public health.

     (g) The department may issue and post on its website technical guidance for compliance

with this chapter.

     SECTION 2. Chapter 42-17.1 of the General Laws entitled "Department of Environmental

Management" is hereby amended by adding thereto the following section:

     42-17.1-46. Environmental burden list.

     (a) On or before January 31, 2024, the department shall develop, post, and maintain a

complete and comprehensive list, known as the environmental burden list, on its website of all

census tracts that are overburdened communities using existing federal or state data and tools or

developing a new tool.

     (b) The department shall update the environmental burden list on its website at least once

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every year.

     (c) The department will prioritize agency enforcement and compliance review resources to

address issues that are identified on the environmental burden list.

     42-17.1-47. Allocating a minimum portion of funds to environmental justice

populations.

     (a) Beginning January 1, 2025, the department will provide a proportional amount, and no

less than forty percent (40%), of investments, including grants, cleanup funds, and technical

assistance, to environmental justice populations or disadvantaged communities as identified by the

White House Council on Environmental Quality Climate and Economic Justice Screening Tool.

     (b) The department, in consultation with the Green Justice Zone board, shall issue guidance

on how the department shall meet the obligations in this section on or before July 1, 2024. A draft

version of the guidance shall be released for a minimum of a forty day (40) public comment period

before being finalized.

     42-17.1-48. Periodic review of environmental justice population definition.

     The department, following at least a ninety-day (90) public comment period and two (2)

public hearings, shall review the definition of "environmental justice population" set forth in § 42-

17.11-1 at least every five (5) years and recommend revisions to the general assembly to ensure the

definition achieves environmental justice.

     42-17.1-49. Ensuring compliance with the Act on Climate.

     The department will exercise its duties in a way that routinely requires the director and

staff to consider how the agency’s actions are complying with the act on climate set forth in chapter

6.2 of title 42.

     SECTION 3. Chapter 42-16.1 of the General Laws entitled "Department of Labor and

Training" is hereby amended by adding thereto the following sections:

     42-16.1-20. Definitions.

     (a) As used in § 42-16.1-21, "polluting facilities" means:

     (1) An electric power plant that produces electricity by combusting any fossil fuel;

     (2) A waste storage facility;

     (3) A toxic material storage facility;

     (4) A fossil fuel storage facility, excluding gas stations which sell gas only at the retail

level for use in motor vehicles and excluding sites that store fossil fuels that are used exclusively

for transporting goods or other items into the port of Providence or out of the port of Providence;

     (5) A fossil fuel production facility;

     (6) A fossil fuel refinery;

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     (7) A chemical manufacturing plant;

     (8) A chemical storage facility;

     (9) A commercial manufacturing facility;

     (10) A scrap metal storage facility;

     (11) A scrap metal processing facility;

     (12) A cement, concrete, or asphalt storage facility;

     (13) A cement, concrete, or asphalt processing facility;

     (14) A cement, concrete, or asphalt production facility;

     (15) An incinerator, including, but not limited to, a medical waste incinerator;

     (16) A resource recovery facility;

     (17) A combustor;

     (18) A transfer station or other solid waste facility;

     (19) A landfill, including, but not limited to, a landfill that accepts ash, construction debris,

demolition debris, or solid waste;

     (20) A scrap metal recycling facility capable of receiving five (5) tons or more of recyclable

material per day; or

     (21) A wood recycling facility capable of receiving five (5) tons or more of recyclable

material per day.

     (b) As used in § 42-16.1-21, "just transition worker" means:

     (1) Any worker who is employed to work at, in, or with an industrial facility within the

Just Transition program zone for at least eight (8) hours per week, as determined by the director;

and

     (2) Any worker who was formerly employed to work at, in, or with an industrial facility

within the Just Transition program zone for at least eight (8) hours per week, as determined by the

director, and who lost their employment after the enactment of this section.

     (c) As used in § 42-16.1-21, "enrollee" means a just transition worker who is enrolled in

the just transition program.

     (d) As used in § 42-16.1-21, "just transition salary" means the just transition salary received

by enrollees, pursuant to § 42-16.1-21.

     (e) As used in § 42-16.1-21, "chemical manufacturing plant" means a facility that produces

or processes chemicals for wholesale or retail distribution.

     (f) As used in § 42-16.1-21, "chemical storage facility" means a facility that stores

chemicals which are intended for wholesale or retail distribution.

     (g) As used in § 42-16.1-21, "fossil fuel storage facility" means a facility that stores fossil

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fuel for wholesale distribution.

     (h) As used in § 42-16.1-21, "fossil fuel" means fuel composed of or derived from coal,

petroleum, oil, natural gas, oil shales, bitumen, or tar sands.

     42-16.1-21. Just transition unit established.

     (a) There shall be within the department of labor and training a "just transition unit."

     (b) The just transition unit shall establish the just transition program.

     (c) The purposes of the just transition program shall be to:

     (1) Organize, coordinate, and finance job retraining for just transition workers to equip

them with the skills necessary to obtain high-paying jobs in environmentally sustainable industries;

and

     (2) Compensate just transition workers for participating in job retraining programs and

provide them with a just transition salary while they search for a new job.

     (d) All just transition workers shall be eligible to enroll in the just transition program.

     (e) All enrollees shall be offered job training. The department of labor and training shall

pay for the full and complete cost of the job training they receive under the just transition program,

and enrollees shall not be charged for any portion of the training.

     (f) All job training offered to a just transition worker under the just transition program shall

be designed to:

     (1) Qualify a just transition worker for a job that provides, at least, a comparable salary and

comparable benefits to the job they previously held working at, in, or with an industrial facility

within the just transition program zone, as determined by the director;

     (2) Qualify a just transition worker for employment in an environmentally sustainable

industry, as determined by the director; and

     (3) Accommodate, to the greatest extent practical, the preferences of each just transition

worker with regard to the types of jobs for which they would like to be trained.

     (g) All enrollees shall be enrolled in the just transition program from the date they enroll

in the program until exactly two (2) years from the date their employment with an industrial facility

in the just transition program zone terminates.

     (h) The just transition unit shall provide a just transition salary to all enrollees from the

date their employment with an industrial facility in the just transition program zone terminates until

exactly two (2) years from that date, or until the date on which they begin receiving another full-

time salary from a job that is not with an industrial facility in the just transition program zone,

whichever is earlier. The just transition salary shall consist of a monthly payment equal to one-

twelfth (1/12) of the highest annual salary that the worker received from any job working with an

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industrial facility in the just transition program zone within the period between the enactment of

this chapter and when they lost that job, as determined by the director. Job apprenticeships shall

not be considered "employment" under the terms of this subsection, nor shall a worker be

unenrolled from the program because they are participating in a job apprenticeship program.

     42-16.1-22. Employment prioritization.

     (a) When hiring employees, hiring contractors, awarding contracts, designing project labor

agreements, promulgating rules and regulations, and enforcing rules and regulations, the

department of labor and training shall, to the greatest extent feasible, lawful, and appropriate:

     (1) Prioritize, in the judgment of the board of review, providing employment to workers

who are enrolled in or who were enrolled in the just transition program administered by the

department of labor and training, pursuant to § 42-16.1-21;

     (2) Prioritize, in the judgment of the board, hiring individuals who are zone residents; and

     (3) Maximize, racial and gender equity within the hiring processes for projects involving

the Green Justice Zone program.

     (b) Contractors, subcontractors, firms, corporations, partnerships, and all other entities

working under contract with the board shall, at all times, make good faith efforts to promote

workforce diversity for projects involving the Green Justice Zone program, including with regard

to race and gender. If the board determines that a contractor, subcontractor, firm, corporation,

partnership, or other entity is not making good faith efforts to achieve workforce diversity, the

director may prohibit that entity from bidding on contracts or being awarded contracts involving

the Green Justice Zone program for a period of two (2) years.

     42-16.1-23. Functions of the director.

     The director of labor and training in addition to all powers and duties provided in title 28

shall have the power and duties to implement the provisions of this chapter to include:

     (1) Inspecting and enforcing safety standards for factories and steam boilers;

     (2) Administering the labor laws of this state concerning women and children and be

responsible for satisfactory working conditions of women and children employed in industry in this

state by a division in the department which shall be known as the division of labor standards;

     (3) Administering the provisions of title 28 relating to state wage payment and collection;

     (4) Administering those responsibilities set forth in chapters 29 -38, of title 28;

     (5) Administering those responsibilities set forth in chapters 39 - 44 of title 28 and chapter

102 of title 42.

     (6) Providing to the department of administration any information, records or documents

they certify as necessary to investigate suspected misclassification of employee status, wage and

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hour violations, or prevailing wage violations subject to their jurisdiction, even if deemed

confidential under applicable law, provided that the confidentiality of such materials shall be

maintained, to the extent required of the releasing department by any federal or state law or

regulation, by all state departments to which the materials are released and no such information

shall be publicly disclosed, except to the extent necessary for the requesting department or agency

to adjudicate a violation of applicable law. The certification shall include a representation that there

is probable cause to believe that a violation has occurred. State departments sharing this information

or materials may enter into written agreements via memorandums of understanding to ensure the

safeguarding of such released information or materials.

     (7) Having the power to enter contracts, hire employees, hire contractors, promulgate rules

and regulations, levy fines, adjudicate administrative cases, or take any other lawful action in order

to administer the just transition program, pursuant to § 42-16.1-21.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- GREEN JUSTICE ZONES AND

ENVIRONMENTAL JUSTICE

***

     This act would establish the first Green Justice Zone and environmental justice, a model

that may be replicated in future years to ensure that all communities throughout the state have clean

air and clean water.

     This act would take effect upon passage.

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