According to Doug Pizzi, spokesperson for the state's environmental secretary Robert Durand, the intent of the bill is to prevent "overburdened communities" from seeing developments go up that are legal but "create headaches for neighbors." Often, notes Pizzi, these are minority communities.
But David Begelfer, head of the National Association of Industrial and Office Properties tells GlobeSt.com that his organization is opposed to this bill. He notes that the legislation will effect all development in the state, especially the brownfields in the urban areas. "It will make it difficult to develop in those areas where it is hard to attract development," he points out.
At least ten people in one community can petition to have its town acquire the environmental justice designation. Once it has the designation the EOEA can determine if the development will be allowed to proceed in that town. "This gives the EOEA a veto on development in municipalities. It adds more regulation, more uncertainty to the process," says Begelfer. "There will be more economic uncertainty to areas that are questionable."
But Pizzi insists that it's not in the interest of the EOEA to block development of brownfields. "We want to encourage development of those areas instead of the virgin lands," he says. "If the bill passes we will not write anything that hinders brownfields development."
Begelfer points out that there is already legislation for areas of critical environmental concern and developers stay away from those areas. "That reinforces our feelings that developers will stay away from" these areas, he says. "We are not debating that there are concerns," he adds. "We're just saying that there are means of looking into these problems. Use the existing statutes or create an ombudsman to investigate the issues."
That might just be what happens in the end. A source tells GlobeSt.com that this bill has already gone through a number of changes and will probably go through many more. "I'll be surprised," he adds, "if this gets anywhere in the House."
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