This model law aims to curb the development of new polluting facilities in frontline communities where residents are disproportionately burdened by environmental harms and exposed to toxic pollutants that have been linked to severe health effects. These low-income communities and communities of color often have limited participation in decision-making processes that directly affect them.
To address this issue, the model law restricts as-of-right zoning in designated environmental justice areas. As-of-right zoning allows development without discretionary approval, potentially allowing harmful facilities to operate without sufficient oversight.
This statewide bill supersedes local land use laws, requiring authorities to assess the impact of proposed developments on the surrounding area before granting permits.
This model law was prepared by WE ACT for Environmental Justice and the Sabin Center for Climate Change Law separate from the LPDD Project. With the permission of these organizations, it is being included here as part of the implementation project of Legal Pathways to Deep Decarbonization. For more information on the collaboration between WE ACT for Environmental Justice and the Sabin Center for Climate Change Law, see http://DismantlingInjustice.org.