Environmental Justice Law and Policy Database
Explore and compare EJ laws and policies by state, law type, and category.
Air Toxics Act
Citation: Colo. Rev. Stat. Ann. § 25-7-141The Air Toxics Act enhances air monitoring and protects the health of communities near facilities that emit higher levels of hazardous air pollutants. It requires meaningful public input on fenceline monitoring plans that will provide real-time monitoring of air pollutants.
State: Colorado Type: Law Category: Public Participation, Other
Alabama Department of Environmental Management, “Environmental Justice Map”
Citation: Alabama Department of Environmental Management, "Environmental Justice Map," (last visited July 28, 2022)This map divides Alabama into areas of 4 categories: Minority/low income, Minority, Low income, and Non-EJ areas
State: Alabama Type: Policy Category: Mapping Tool
Albuquerque – Bernalillo County Air Quality Control Board Rulemaking Procedures — Air Quality Control Board
Citation: N.M. Code R. §§20.11.82.7; 20.11.82.32The Board, in making it's regulations, shall consider "the public interest, including the social and economic value of the sources and subjects of air contaminants, with due consideration for environmental justice principles." The Code defines environmental justice as "... the fair treatment of all residents (in the city of Albuquerque and Bernalillo county), including communities of color and low income communities, and their meaningful involvement in the development, implementation and enforcement of environmental laws, regulations and policies regardless of race, color, ethnicity, religion, income or education level."
State: New Mexico Type: Regulation Category: General/Definitions, Permitting
An Act Concerning Additional Public Health Protections Regarding Alleged Environmental Violations, And Raising Maximum Fines For Air Quality And Water Quality Violations.
Citation: Colo. Rev. Stat. Ann. §20-1143This act increases Colorado’s maximum daily fine for air and water quality violations.
State: Colorado Type: Law Category: Enforcement
An Act Concerning the Disproportionate and Public Health Impacts of Pollution on Overburdened Communities
Citation: Pub. Law. 2020, chap. 92, (codified as N.J. Stat. Ann. 13:1D-157)The bill "would require a person seeking a permit for a new facility, or for the expansion of an existing facility, located in a burdened community, to meet certain additional requirements before they can obtain the permit." A "'Burdened community' means any census tract, as delineated in the most recent federal decennial census, that is ranked in the bottom 33 percent of census tracts in the State for median annual household income. '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."
State: New Jersey Type: Law Category: General/Definitions
An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy
Citation: Mass. Gen. Laws, ch. 30, § 62 (2021)The Massachusetts Next Generation Climate Roadmap Act contains within it the Massachusetts environmental justice law in its entirety as the EJ bill was attached to the climate bill as an amendment. This Act requires consideration of cumulative environmental impacts, increasing public engagement in environmental permitting, and defines environmental justice principles. The State defines environmental justice principles as "principles that support protection from environmental pollution and the ability to live in and enjoy a clean and healthy environment, regardless of race, color, income, class, handicap, gender identity, sexual orientation, national origin, ethnicity or ancestry, religious belief or English language proficiency, which includes: (i) the meaningful involvement of all people with respect to the development, implementation and enforcement of environmental laws, regulations and policies, including climate change policies; and (ii) the equitable distribution of energy and environmental benefits and environmental burdens." The State also defines Environmental Justice Population as "a neighborhood that meets 1 or more of the following criteria: (i) the annual median household income is not more than 65 per cent of the statewide annual median household income; (ii) minorities comprise 40 per cent or more of the population; (iii) 25 per cent or more of households lack English language proficiency; or (iv) minorities comprise 25 per cent or more of the population and the annual median household income of the municipality in which the neighborhood is located does not exceed 150 per cent of the statewide annual median household income."
State: Massachusetts Type: Law Category: General/Definitions, Public Participation, Permitting, EJ Advisory
An Act Renaming And Reorganizing The Environmental Justice Task Force
Citation: Or. HB 4007, 81st Ass., (codified as Or. Rev. Stat. §§ 182.535, 182.538, 182.542,182.545 & 182.550, and Or. Laws chap. 508, §§ 30 & 32)This Act renames the Environmental Justice Task Force as the Environmental Justice Council and establishes that "the members shall be persons who are well-informed on the principles of environmental justice and who, to the greatest extent practicable, represent minority communities, low income communities, environmental interests, industry groups and geographically diverse areas of the state." The Act defines "environmental justice" as "... the equal protection from environmental and health risks, fair treatment and meaningful involvement in decision making of all people regardless of race, color, national origin, immigration status, income or other identities with respect to the development, implementation and enforcement of environmental laws, regulations and … policies that affect the environment in which people live, work, learn and practice spirituality and culture." It also states that "environmental justice communities" are those that "… include communities of color, communities experiencing lower incomes, communities experiencing health inequities, tribal communities, rural communities, remote communities, coastal communities, communities with limited infrastructure and other communities traditionally underrepresented in public processes and adversely harmed by environmental and health hazards, including seniors, youth and persons with disabilities."
State: Oregon Type: Law Category: Mapping Tool, General/Definitions, EJ Advisory
An Act to amend the environmental conservation law, in relation to establishing a permanent environmental justice advisory group and an environmental justice interagency coordinating council
Citation: N.Y. Env't. Conserv. Law § 48-0101This law declares at the policy of the state "that all people, regardless of race, color, religion, national origin or income, have a right to fair treatment and meaningful involvement in the development, implementation and enforcement of laws, regulations and policies that affect the quality of the environment [and] that no group of people, including a racial, ethnic or socioeconomic group, should be disproportionately exposed to pollution or bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal or commercial operations, or the execution of federal, state, local or tribal programs and policies." The law further creates a permanent Environmental Justice Advisory Group (EJAG) and an Interagency Coordinating Council.
State: New York Type: Law Category: General/Definitions
An Act to amend the environmental conservation law, in relation to the location of environmental facilities
Citation: N.Y. Env't. Conserv. Law § 70-0118This law, modeled after a New Jersey Environmental Justice Law, provides among the most stringent environmental justice protections in the nation. Under the law, New York’s Department of Environmental Conservation must require an existing burden report and “shall not issue an applicable permit for a new project if it determines that the project will cause or contribute more than a de minimis amount of pollution to a disproportionate pollution burden on the disadvantaged community.” This level of protection extends to permit modifications and renewals. The law directs the department not to issue a permit if it determines the project or issuance of a new permit “would significantly increase the existing disproportionate pollution burden on a disadvantaged community.”
State: New York Type: Law Category: Permitting
An Act To Implement Recommendations Regarding the Incorporation of Equity Considerations in Regulatory Decision Making
Citation: Pub. Law. 736, 130th Sess. (codified as Me. Rev. Stat. Ann. tit. 35-A §§ 1310, 1310a and Me. Rev. Stat. Ann. tit. 38 § 349-C)This law mandates that persons in environmental justice populations and frontline communities are provided with fair and equitable access to environmental decisionmaking processes and requires that Maine DEP adopt rules establishing procedures to implement the law, including defining "environmental justice populations," taking into consideration, at a minimum, median household income, race, ethnicity and English language proficiency. The law further requires that priority be given to qualified intervenors representing environmental justice populations. The law defines “Environmental justice" as “ ... the fair treatment and meaningful involvement of all people regardless of race, color, national origin or income with respect to the development, implementation and enforcement of environmental laws, rules, regulations and policies and "Frontline communities" to mean those people and communities that experience the consequences of climate change first and to a greater degree than other people andcommunities.
State: Maine Type: Law Category: General/Definitions, Public Participation, Other
An Act To Require Consideration of Climate and Equity Impacts by the Public Utilities Commission
Citation: Pub. Law. 279, 130th Sess. (codified as Me. Rev. Stat. Ann. tit. 35-A §§ 101, 103-A)The Office of Policy Innovation and the Future shall "[d]evelop definitions for 'environmental justice,' 'environmental justice populations,' 'frontline communities,' and any other terms determined by the office to be necessary for the incorporation of equity considerations in decision making at the department, the commission and other state agencies."
State: Maine Type: Law Category: General/Definitions
Analyzing Environmental Justice Issues in Siting of Major Electric Generating Facilities Pursuant to Public Service Law
Citation: N.Y. Comp. Codes R. & Regs. tit. 6, § 487 (2021)This regulation sets forth a framework for "undertaking an analysis of environmental justice issues associated with the siting of a major electric generating facility" in New York State. Further, it "is intended to enhance public participation and review of environmental impacts of proposed major electric generating facilities in environmental justice communities and reduce disproportionate environmental impacts in overburdened communities."
State: New York Type: Regulation Category: General/Definitions, Public Participation
Arizona Department of Environmental QualityTribal Consultation and Collaboration Policy
Citation: Arizona Department of Environmental Quality, Policy No. 0101.2022, Agencywide Substantive Policy: Tribal Consultation and Collaboration (Jan 2022)ADEQ will work with Tribes to improve State-Tribal interactions, enhance communications and resolve problems as they arise. ADEQ will maintain a Tribal Liaison to serve as the main point of contact for initiating communication, providing training opportunities, and coordinating with each Tribe to establish preferred methods of communication and identify the appropriate Tribal contacts. When possible, meetings will be held within Tribal communities.
State: Arizona Type: Policy Category: Tribal Consultation
AZ Counties Demographic and Environmental Dashboard
Citation: Arizona Department of Environmental Quality, "AZ Counties Demographic and Environmental Dashboard," (last accessed July 28, 2022)ADEQ has developed an online dashboard tool that provides Arizonans with environmental and demographic data for each county in the state.
State: Arizona Type: Policy Category: Mapping Tool
Brownfields Redevelopment Act
Citation: Fla. Stat. §§ 376.78-80 (2022)This law declares that local governments are responsible for brownfield rehabilitation, and mandate that local governments involved in brownfield rehabilitation establish an Advisory Committee with the intent to "address redevelopment of the specific brownfield area for the purpose of improving public participation and receiving public comments on rehabilitation and redevelopment of the brownfield area, future land use, local employment opportunities, community safety, and environmental justice." It further defines environmental justice as "the fair treatment of all people of all races, cultures, and incomes with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies." This law also states that "environmental justice considerations should be inherent in meaningful public participation elements of a brownfields redevelopment program."
State: Florida Type: Law Category: General/Definitions, Public Participation, Land Use
CalEnviroScreen
Citation: California Office of Environmental Health Hazard Assessment, "CalEnviroScreen," (last accessed July 28, 2022)"CalEnviroScreen is a mapping tool that helps identify California communities that are most affected by many sources of pollution, and where people are often especially vulnerable to pollution’s effects. CalEnviroScreen uses environmental, health, and socioeconomic information to produce scores for every census tract in the state." Available in English and Spanish, agency rulemakers and community organizers alike use this resource as a valuable tool to review environmental inequalities and identify disadvantaged communities. "CalEPA formally designates four categories of geographic areas as disadvantaged [communities]: [1] Census tracts receiving the highest 25 percent of overall scores in CalEnviroScreen 4.0; [2] Census tracts lacking overall scores in CalEnviroScreen 4.0 due to data gaps, but receiving the highest 5 percent of CalEnviroScreen 4.0 cumulative pollution burden scores; [3] Census tracts identified in the 2017 DAC designation, regardless of their scores in CalEnviroScreen 4.0; and [4] Lands under the control of federally recognized Tribes."
State: California Type: Policy Category: Mapping Tool
California Department of Public Health Climate Change and Health Vulnerability Indicators for California
Citation: California Department of Public Health, "Climate Change and Health Vulnerability Indicators for California" (last accessed July 28, 2022)The California Department of Public health maintains these indicators to assess exposures, social vulnerability, and adaptive capacity for areas across California.
State: California Type: Policy Category: Mapping Tool
California Disparate Impacts Law
Citation: Cal. Gov't. Code § 11135This law provides that "No person in the State of California shall, on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state"
State: California Type: Law Category: General/Definitions, Civil Rights
California Environmental Justice Task Force
Citation: California Environmental Protection Agency, "Environmental Justice Task Force," (last accesssed July 28, 2022)The Task Force’s mission is to facilitate the use of environmental justice considerations in compliance and enforcement programs and enhance communications with community members to maximize benefits in disproportionately impacted areas. The Task Force has four primary goals: (1) Increase compliance in areas disproportionately impacted by health and environmental factors to prevent and reduce burdens on those communities by targeting compliance assistance and enforcement in those areas. (2) Identify disproportionately impacted areas for targeted compliance assistance and enforcement efforts using the California Communities Environmental Health Screening Tool (CalEnviroScreen) and other data sources. (3) Provide communities with meaningful opportunities for input on potential environmental justice concerns and the implementation of proposed remedies. (4) Increase coordination among CalEPA boards and departments and with local, state, and federal regulatory and law enforcement agencies to facilitate compliance and enforcement efforts across all media (air, water, toxics, solid waste, and pesticides) in disproportionately impacted areas.
State: California Type: Policy Category: EJ Advisory
California Environmental Protection Agency (CalEPA) Environmental Justice (EJ) Small Grants Program
Citation: California Environmental Protection Agency, "Environmental Justice Small Grants and Funding Opportunities" (last accessed July 28, 2022)The California Environmental Protection Agency (CalEPA) Environmental Justice (EJ) Small Grants Program offers funding opportunities authorized by California Code of Regulations Title 27, Division 1, Chapter 3, Article 1 to assist eligible non-profit community organizations and federally-recognized Tribal governments address environmental justice issues in areas disproportionately affected by environmental pollution and hazards. The EJ Small Grants are awarded on a competitive basis.
State: California Type: Policy Category: Funding
California Environmental Quality Act
Citation: Cal. Pub. Res. Code §§ 21000 et seq.This law requires that state and local agencies evaluate the environmental impacts, including cumulative impacts and greenhouse gas emmissions, of potential projects and outline whatever actions are feasible to mitigate or eliminate them. "[I]t is the policy of the state that public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects, and that the procedures required by this division are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects. The Legislature further finds and declares that in the event specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof."
State: California Type: Law Category: Mini-NEPA
California Integrated Waste Management Act (2003 amendments)
Citation: 2003 Cal AB 1497 (codified at Cal. Pub. Res. Code § 43501.5)This law requires that a local solid waste enforcement agency (LEA) hold a hearing and provide notice of that hearing when the operator of a solid waste facility applies to make a change to the design or operation of the facility. It also required that the enforcement agency consider environmental justice issues when preparing and distributing the notice to ensure that the notice is concise and understandable for limited English-speaking populations
State: California Type: Law Category: Permitting, Other, Language Access
California Office of the Attorney General Bureau of Environmental Justice
Citation: California Office of the Attorney General, "Environmental Justice" (last accessed July 28, 2022)The Bureau of Environmental Justice’s mission is to protect people and communities that endure a disproportionate share of environmental pollution and public health hazards.
State: California Type: Policy Category: Enforcement
Climate Leadership and Community Protection Act
Citation: N.Y. Env’t Conserv. Law §§ 75-0101, 75-0111This statute creates a climate justice working group to "establish criteria to identify disadvantaged communities for the purposes of co-pollutant reductions, greenhouse gas emissions reductions, regulatory impact statements, and the allocation of investments." The working group is mandated to include environmental justice community representatives defined as "members of communities of color, low-income communities, and communities bearing disproportionate pollution and climate change burdens, or . . . representatives of community-based organizations with experience and a history of advocacy on environmental justice issues, [including] at least three representatives from New York city communities, three representatives from rural communities, and three representatives from upstate urban communities and to consult with New York State's pre-existing environmental justice advisory group, established pursuant to N.Y. Env't. Conserv. Law § 48-0101.
State: New York Type: Law Category: General/Definitions, Permitting, EJ Advisory, Funding
Colorado Environmental Justice Act
Citation: Colo. Rev. Stat. Ann. § 25-1-134This act creates an environmental justice ombudsperson, an environmental justice advisory board, an environmental justice task force, and a grant program for environmental justice. The act additionally Mandates “[e]nhanced modeling and monitoring requirements for new and modified sources of affected pollutants in disproportionately impacted communities that are identified or approved at the time of permit application.” The act defines disproportionately impacted communities as "a community that is in a census block group, as determined in accordance with the most recent US census, where the proportion of households that are low income is greater than forty percent, the proportion of households that identify as minority is greater than forty percent, or the proportion of households that are housing cost-burdened is greater than forty percent; or is any other community as identified or approved by a state agency, if: the community has a history of environmental racism perpetuated through redlining, anti-indigenous, anti-immigrant, anti-hispanic, or anti-black laws; or the community is one where multiple factors, including socioeconomic stressors, disproportionate environmental burdens, vulnerability to environmental degradation, and lack of public participation, may acdt culatively to affect health and environment and contribute to persistent disparities." Certain provisions of the law are set to sunset.
State: Colorado Type: Law Category: General/Definitions, Public Participation, Permitting, EJ Advisory, Funding
Colorado Environmental Justice Advisory Board
Citation: Colorado Department of Public Health & Environment, "Environmental Justice" (last accessed July 28, 2022)The Colorado Environmental Justice Advisory Board is a volunteer board. The Governor and Executive Director of CDPHE appoint its 12 members.
State: Colorado Type: Policy Category: EJ Advisory
Colorado Environmental Justice Ombudsman
Citation: Colorado Department of Public Health & Environment, "Environmental Justice" (last accessed July 28, 2022)The Environmental Justice Ombudsperson is a new role within CDPHE. It was created by the Environmental Justice Act, The Ombudsperson is appointed by the Governor. They report directly to the Colorado Department of Public Health and Environment Executive Director. The Ombudsperson receives administrative support from the Environmental Justice Unit, but is otherwise independent.
State: Colorado Type: Policy Category: EJ Coordinator/Agency
Colorado Environmental Justice Task Force
Citation: Colorado Department of Public Health & Environment, "Environmental Justice" (last accessed July 28, 2022)The Environmental Justice Action Task Force has 27 members from across Colorado, appointed by the Governor and the Legislature. By Nov. 14, 2022, it must create a comprehensive state government Environmental Justice Plan.
State: Colorado Type: Policy Category: EJ Coordinator/Agency
Colorado EnviroScreen
Citation: Colorado Department of Public Health & Environment, "Colorado EnviroScreen" (last accessed July 28, 2022)Colorado EnviroScreen is an interactive environmental justice mapping tool and health screening tool for Colorado that, among other things, identifies areas that meet the definition of “Disproportionately Impacted Community” under the Colorado Environmental Justice Act (HB21-1266). It was developed for the Colorado Department of Public Health and Environment (CDPHE) by a team from Colorado State University.
State: Colorado Type: Policy Category: Mapping Tool
Commission on Environmental Justice and Sustainable Communities
Citation: Md. Code Ann Env't § 1-701This section of the Code establishes a Commission on Environmental Justice and Sustainable Communities and defines environmental justice as "equal protection from environmental and public health hazards for all people regardless of race, income, culture, and social status."
State: Maryland Type: Law Category: General/Definitions, EJ Advisory
Community Air Protection Program
Citation: 2017 Cal. AB 617 (codified at Cal. Health & Safety Code §§ 39607.1, 40920.6, 40920.8, 42400, 42402, 42411, 42705.5, 44391.2)In response to Assembly Bill (AB) 617 (C. Garcia, Chapter 136, Statutes of 2017), the California Air Resources Board established the Community Air Protection Program (CAPP or Program). "The Program’s focus is to reduce exposure in communities most impacted by air pollution. community air monitoring and community emissions reduction programs. In addition, the Legislature appropriated funding to support early actions to address localized air pollution through targeted incentive funding to deploy cleaner technologies in these communities, as well as grants to support community participation in the AB 617 process. AB 617 also includes new requirements for accelerated retrofit of pollution controls on industrial sources, increased penalty fees, and greater transparency and availability of air quality and emissions data[.]"
State: California Type: Law Category: Other
Connecticut 2020 Environmental Justice Census Block Groups Map
Citation: Conn. Department of Energy and Environmental Protection, "Connecticut 2021 Environmental Justice Census Block Groups Map" (last accessed July 28, 2022)This static map depicts the 2021 Connecticut environmental justice communities as defined by section 22a-20a of the Connecticut General Statutes. EJ communities include distressed municipalities as defined by the CT Department of Economic and Community Development (DECD) as well as census block groups that are not in distressed municipalities in which 30% or more of the population lives below 200% of the federal poverty level (FPL).
State: Connecticut Type: Policy Category: Mapping Tool
Connecticut DEEP Environmental Equity Policy
Citation: Conn. Department of Energy and Environmental Protection, "Environmental Equity Policy" (last accessed July 28, 2022)This policy of the Department of Energy and Environmental Protection advocates that no segment of the population should, because of its racial or economic makeup, bear a disproportionate share of the risks and consequences of environmental pollution or be denied equal access to environmental benefits. "The policy of this Department is that no segment of the population should, because of its racial or economic makeup, bear a disproportionate share of the risks and consequences of environmental pollution or be denied equal access to environmental benefits. The Department is committed to incorporating environmental equity into its program development and implementation, its policy making and its regulatory activities."
State: Connecticut Type: Policy Category: General/Definitions
Connecticut DEEP Environmental Justice Public Participation Guidelines
Citation: Conn. Department of Energy and Environmental Protection, "Environmental Justice Public Participation Guidelines" (last accessed July 28, 2022)This Policy of the Department of Energy and Environmental Protection outlines how the agency's permitting process will incorporate Conn. Gen. Stat. Ann. § 22a-20a. "[A] facility that is defined as an affecting facility and is proposed to be located or expanded in an environmental justice community, [must]: [1] file a meaningful public participation plan (Environmental Justice Public Participation Plan) with and receive approval from the Department or Siting Council prior to filing any application for such permit, [2] consult with the chief elected official or officials of the town or towns in which the affecting facility is proposed to be located or expanded to evaluate the need for a communityenvironmental benefit agreement, and [3] notify, in writing, local residents and environmental groups potentially affected by the facility activities and operations."
State: Connecticut Type: Policy Category: General/Definitions, Public Participation
Connecticut Environmental Justice Mapping Tool
Citation: Conn. Department of Energy and Environmental Protection, "DEEP and UConn CIRCA Partner to Develop Mapping Tool for Environmental Justice Communities" (last accessed July 28, 2022)The Connecticut Department of Energy and Environmental Protection (DEEP)and the University of Connecticut’s Connecticut Institute for Resilience and Climate Adaptation (CIRCA) are partnering on the development of an “Environmental Justice (EJ) MappingTool” to identify vulnerable populations that may be disproportionately impacted by programs, policies, or projects and to inform initiatives for creating healthy communities.
State: Connecticut Type: Policy Category: Mapping Tool
Connecticut Environmental Policy Act
Citation: Conn. Gen. Stat. Ann. §§ 22a-1-22a-1h (2012)Under this statute, a sponsoring agency must utilize the appropriate Environmental Classification Document (ECD) to determine if a proposed action requires further evaluation under CEPA, and if so, to determine the appropriate level of analysis proportionate to the scale of the proposed action’s potential impacts. "Each sponsoring agency shall, ... prepare an environmental impact evaluation ... for an action which may significantly affect the environment ...."
State: Connecticut Type: Law Category: Mini-NEPA
Connecticut Environmental Policy Act Regulations
Citation: Conn. Agencies Regs § 22a-1a-8 (2022)This regulation determines the administrative procedure of the CEPA mandating when an agency must prepare an environmental impact evaluation. "A sponsoring agency shall prepare an environmental impact evaluation for those actions listed in an environmental classification document as requiring such an evaluation or for those actions for which the full degree of actual impact remains undetermined after the conclusion of public scoping but which may significantly affect the environment. Environmental impact evaluations shall provide full and fair discussions of environmental impacts, inform decision makers and the public of all reasonable alternatives, and compare the impacts of the alternatives on the environment."
State: Connecticut Type: Regulation Category: Mini-NEPA
Connecticut EnvironmentalJustice Law
Citation: Conn. Gen. Stat. Ann. § 22a-20a (2020)This act ensures that Environmental Justice Communities are provided enhanced notice leading to meaningful public participation in certain permitting processes. "Applicants seek[ing] [a] new or expanded permit ... involving an affecting facility that is proposed to be located in an environmental justice community ... , shall: (A) file a meaningful public participation plan with such department or council and shall obtain the department's or council's approval of such plan prior to filing any application for such permit, certificate or approval; and (B) consult with the chief elected official or officials of the town or towns in which the affecting facility is to be located or expanded to evaluate the need for a community environmental benefit agreement ...." The act defines Environmental Justice Community as meaning "... (A) a United States census block group, as determined in accordance with the most recent United States census, for which thirty per cent or more of the population consists of low income persons who are not institutionalized and have an income below two hundred per cent of the federal poverty level; or (B) a distressed municipality ...."
State: Connecticut Type: Law Category: General/Definitions, Public Participation, Permitting
Connecticut Equity and Environmental Justice Advisory Council (CEEJAC)
Citation: Conn. Department of Energy and Environmental Protection, "Connecticut Equity and Environmental Justice Advisory Council (CEEJAC)" (last accessed July 28, 2022)CEEJAC's purpose and mission "is to advise [the CT Department of Energy and Environmental Protection] on current and historic environmental injustice, pollution reduction, energy equity, climate change mitigation and resiliency, health disparities, and racial inequity, including but not limited to the following: A. Integrating environmental justice considerations into the programs, policies, and activities of DEEP to improve the health and environment of Environmental Justice Communities, in key areas . . .; providing mechanisms for Environmental Justice Communities to have a meaningful opportunity to participate in any decision; B. Providing mechanisms for Environmental Justice Communities to have a meaningful opportunity to participate in any decision to allow in such communities certain types of facilities which, by the nature of their activity, have the potential to increase environmental and public health stressors and where appropriate, to limit the further placement and expansion of such facilities in these communities; C. Developing a model plan for community engagement and stakeholder outreach centered around meaningful participation; and D. Strengthening DEEP’s partnerships with other governmental agencies, other states, tribal, local governments, and community leaders and organizations regarding environmental justice issues."
State: Connecticut Type: Policy Category: Public Participation, EJ Advisory
Coordinating Agency for Environmental Justice Programs
Citation: Cal. Gov't. Code, § 65040.12, subd. (e)This statute designates the California Office of Planning and Research the "coordinating agency in state government for environmental justice programs." The statute defines environmental justice as "fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies." First introduced to the legislature as SB 1000, the purpose of this legislation is to address the “unique or compounded health risks” in disadvantaged communities by decreasing pollution exposure, increasing community assets, and improving overall health.
State: California Type: Law Category: General/Definitions, EJ Coordinator/Agency
D.C. Department of Energy & Environment, Office of Enforcement and Environmental Justice
Citation: D.C. Department of Energy & Environment, Office of Enforcement and Environmental JusticeD.C.'s Department of Energy & Environment, Office of Enforcement and Environmental Justice is responsible for managing the Department's fine and enforcement programs with the goal to “preserve and restore the District of Columbia’s natural resources and makes the District a safer, healthier, and greener place for people to visit, work, and live.”
State: District of Columbia Type: Policy Category: EJ Coordinator/Agency
D.C. District Department of Transportation (DDOT) Equity Statement
Citation: District Department of Transportation, "Equity Statement" (last accessed July 28, 2022)This policy statement "recognizes that there are inequities in transportation policy, planning and project delivery in Washington, DC. Deep-rooted structural injustices and inequities have contributed to the disparate access to safe, affordable and efficient transportation that provides access to economic opportunities, housing and services for communities across the District. DDOT also acknowledges these inequities have disproportionately and negatively impacted environmental and health outcomes in our underserved communities." The Department defines "Transportation Equity" as "the shared and just distribution of benefits and burdens when planning for and investing in transportation infrastructure and services" with "[f]ocused attention .... given to historically under resourced communities in order to overcome existing disparities and achieve transportation equity."
State: District of Columbia Type: Policy Category: Transportation EJ Policy
D.C. Office of Human Rights Language Access Program
Citation: D.C. Office of Human Rights, "Language Access Program" (last accessed July 28, 2022)The D.C. Office of Human Rights manages the Language Access Program which is “dedicated to removing language as a barrier to obtaining information and services from the District government.” The program “exists to eliminate language-based discrimination, enabling DC residents, workers, and visitors to receive equivalent information and services from the DC government, regardless of what language they speak.” The program is divided into four topic areas: “enforcement, compliance monitoring, technical assistance, and community engagement.”
State: District of Columbia Type: Policy Category: Language Access
Delaware Department of Natural Resources and Environmental Control (DNREC) Environmental Justice Policy
Citation: Delaware Department of Natural Resources and Environmental Control, "Environmental Justice" (last accessed July 28, 2022)DNREC states that "[e]nvironmental justice seeks equity for minority and low-income communities that may be disproportionately exposed – and vulnerable – to adverse environmental impacts. Simply put, practicing environmental justice ensures that everyone has an equal seat at the table where decisions are made."
State: Delaware Type: Policy Category: General/Definitions, Public Participation
District of Columbia Environmental Policy Act
Citation: D.C. LAW 8-36The DC EPA has a few requirements of the District, chief among them “to prepare an environmental impact statement…[for]...an action that, if implemented, is likely to have a significant effect on the quality of the environment; to ensure the residents of the District of Columbia safe, healthful, productive, and aesthetically pleasing surroundings; and to develop a policy to ensure that economic, technical, and population growth occurs in an environmentally sound manner.” The law is silent as to environmental justice considerations, however.
State: District of Columbia Type: Law Category: Mini-NEPA
EGLE Environmental Mapper
Citation: Mich. Dept. of Environment, Great Lakes and Energy, "Environmental Mapper" (last accessed July 28, 2022)This is an online interactive map charting sources of pollution such as underground storage tanks as well as brownfields sites. The tool uses the methodologies of CalEnviroScreen and EPA’s EJSCREEN, blending EPA and state-level data on pollution burdens (environmental exposures) and population characteristics (sensitive populations, socioeconomic factors) to yield a numerical EJ score for a community. In addition, “context layers” may be overlaid, such as historical redlining maps. At this time, the functionality does not extend to layering environmental justice populations.
State: Michigan Type: Policy Category: Mapping Tool
EGLE MiEJscreen: Environmental Justice Screening Tool (DRAFT)
Citation: Mich. Dept. of Environment, Great Lakes and Energy, "MiEJscreen" (last accessed July 28, 2022)"MiEJscreen is an interactive mapping tool that identifies Michigan communities that may be disproportionately impacted by environmental hazards. The map allows users to explore the environmental, health, and socioeconomic conditions within a specific community, region, or across the entire state."
State: Michigan Type: Policy Category: Mapping Tool
EJ Coordinator
Citation: N.J. Dept. of Environmental Protection, "Office of Environmental Justice" (last accessed July 28, 2022)The Office of Environmental Justice can be contacted at New Jersey Department of Environmental Protection, Deputy Commissioner's Office, Office of Environmental Justice; 401 East State Street, 7th floor East Wing Mail Code: 402; Trenton, New Jersey 08625; Email: ; Phone: 609-292-2908.
State: New Jersey Type: Policy Category: EJ Coordinator/Agency
Environmental Database Act
Citation: N.M HB 51 (codified as N.M. Stat. Ann. 1978 § 74-7A-1 et. seq. (2021))This law directs NMED to create a database of environmentnal issues including permitted energy facilities, agricultural operations, sensitive habitat, and "vulnerable populations" with respect to rates of poverty and asthma.
State: New Mexico Type: Law Category: Mapping Tool, Permitting
Environmental Equity Policy
Citation: W. Va Dept. of Environmental Protection, "Environmental Equity Policy" (last accessed July 29, 2022)This Policy states that West Virginia will do everything within its power to ensure that minority and low-income communities do not as a result of their status as such bear a disproportionate share of environmental harms and ensure that such communities have equal access to environmental benefits. In it, the policy defines Environmental Equity as "[t]he fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies."
State: West Virginia Type: Policy Category: General/Definitions
Environmental Justice Act
Citation: P.A. 097-391 (codified as 415 Ill. Comp. Stat. 155/5 (2022))The Illinois Environmental Justice Act "finds that: (i) the principle of environmental justice requires that no segment of the population, regardless of race, national origin, age, or income, should bear disproportionately high or adverse effects of environmental pollution;(ii) certain communities in the State may suffer disproportionately from environmental hazards related to facilities with permits approved by the State; and (iii) these environmental hazards can cause long-term health effects."
State: Illinois Type: Law Category: General/Definitions
Environmental Justice Guiding Principles
Citation: S.C. Dept. of Health and Environmental Control, "Environmental Justice Guiding Principles" (last accessed July 29, 2022)"To further support the agency’s mission of improving the quality of life for all South Carolinians, representatives from the Environmental Affairs program area and various community organizations came together in 2018 to identify and shape the Environmental Justice 'Guiding Principles.'" The five guiding principles are: "1. Ensure that Environmental Justice Communities are Meaningfully Involved and Routinely Considered Throughout Decision-Making Processes. 2. Proactively Build and Strengthen Relationships with Communities by Sharing Information, Providing Technical Assistance, and Identifying Resources. 3. Proactively Promote Partnerships Between Communities and Other Stakeholders. 4. Encourage and Facilitate Capacity Building and Collaborative Problem Solving Within Environmental Justice Communities. 5. Strengthen Our Agency’s Leadership with the Goal of Sustaining Environmental Justice within SC DHEC."
State: South Carolina Type: Policy Category: General/Definitions, Public Participation
Environmental Justice Mapping Tool
Citation: Or. H.B. 4077 (codified as Or. Rev. Stat. § 182.535 to 182.550)The Environmental Justice Council has been tasked with "develop[ing] an environmental justice mapping tool." While the tool is being developed, "the council shall develop and conduct an inclusive community engagement process to receive input from communities across this state and consult with natural resource agencies."
State: Oregon Type: Law Category: Mapping Tool
Environmental Justice Program
Citation: Department of Energy and Environmental Protection, "Environmental Justice Program" (last accessed July 28, 2022)The Environmental Justice Program incorporates principles of environmental justice into aspects of the CTDEEP's program development, policy making, and regulatory activities, including but not limited to: (1) assessing the effectiveness of CTDEEP efforts in the state's urban areas; (2) assessing and responding to environmental problems in low-income and minority communities; (3) developing strategies to increase public participation in the agency's decision-making process; (4) identifying community health concerns in consultation with local and state departments of health; (5) enhancing public participation in administrative proceedings; (6) educating the public on CTDEEP regulations, policies and procedures; and (7) decreasing language barriers. This Policy "incorporates principles of environmental justice into aspects of the CTDEEP's program development, policy making, and regulatory activities."
State: Connecticut Type: Policy Category: EJ Coordinator/Agency, Public Participation
Environmental Justice Supplemental Projects Law
Citation: 2015 Cal. AB 1071 (codified at Cal. Pub. Res. Code § 71118)Requires supplemental environmental projects undertaken as part of enforcement actions to involve proposals from and benefit to disadvantaged communities. “'Supplemental environmental project' means an environmentally beneficial project that a person subject to an enforcement action voluntarily agrees to undertake in settlement of the action and to offset a portion of a civil penalty."
State: California Type: Law Category: Enforcement, Funding
Environmental Justice Task Force Act
Citation: Or. Rev. Stat. §§ 182.538, 182.542 (2007)This law creates an Environmental Justice Task Force to "(1) Advise the Governor on environmental justice issues; (2) Advise natural resource agencies on environmental justice issues, including community concerns and public participation processes; (3) Identify, in cooperation with natural resource agencies, minority and low-income communities that may be affected by environmental decisions made by the agencies; (4) Meet with environmental justice communities and make recommendations to the Governor regarding concerns raised by these communities; and (5) Define environmental justice issues in the state."
State: Oregon Type: Law Category: Public Participation, EJ Advisory
Executive Order on Climate Buildings and Infrastructure
Citation: Conn. Executive Order No. 21-3The Executive Order establishes the Connecticut Equity and Environmental Justice Advisory Council within the CT Department of Energy and Environmental Protection.
State: Connecticut Type: Executive Order Category: EJ Advisory
Extreme Heat Impacts in Rhode Island Health Equity Zones
Citation: R.I. Dept. of Health, "Extreme Heat Impacts in Rhode Island Health Equity Zones" (last accessed July 29, 2022)This mapping tool overlays data on "urban heat hotspots" and "sensitive populations" to "identify places in Rhode Island’s Health Equity Zones with a higher risk for heat‐related illness during extreme heat events. By identifying these higher risk areas, HEZ collaborative groups and other partners can better direct resources and outreach to these communities."
State: Rhode Island Type: Policy Category: Mapping Tool
Fundamental Rights and Freedoms of the Individual: Protection of the Environment
Citation: V.I. Const. Chap. 2, Art. 29This 2007 Amendment to the Virgin Islands Constitution states that “Every person has the right to an environment that is generally not harmful to his or her health or well-being and to have the environment protected, for the benefit of present and future generations, through such laws as may be enacted by the Legislature".
State: Virgin Islands Type: Constitutional Provision Category: Environmental Rights
Furthering the Promise: A Guidance Document for Advancing Environmental Justice Across State Government
Citation: Gov't of N.J., "Furthering the Promise: A Guidance Document for Advancing Environmental Justice Across State Government" (Feb 2021)This Guidance Document "provides a framework for realizing the State’s environmental justice goals concertedly across the Executive Branch and in collaboration with communities ...."
State: New Jersey Type: Policy Category: General/Definitions
Georgia Environmental Policy Act
Citation: Ga. Code Ann. §§ 12-16-1 – 12-16-23This law requires an environmental effects report, including cumulative impacts analysis and public hearings, for any government action which may significantly adversely affect the quality of the environment. "The responsible official of the government agency shall determine if a proposed governmental action is a proposed governmental action which may significantly adversely affect the quality of the environment. If the responsible official determines that the proposed governmental action is a proposed governmental action which may significantly adversely affect the quality of the environment, the government agency responsible for such project shall prepare an environmental effects report."
State: Georgia Type: Law Category: Mini-NEPA
Guidance for Determining EJ Requirements
Citation: Governor's Office of Planning and Research, General Plan Guidelines Chapter 4.8, "Environmental Justice Element", pages 8-10, (June 2020).This section within the Governor's Office of Planning and Research's General Plan Guidelines for Environmental Justice provides a straightforward, step-by-step analysis for local jurisdictions to follow as they are required to incorporate EJ in their general plan.
State: California Type: Policy Category: General/Definitions
Guidance Policy for Considering Environmental Justice in the Review of Investigation and Remediation of Contaminated Properties
Citation: R.I. Dept. of Environmental Management, "Guidance Policy for Considering Environmental Justice in the Review of Investigation and Remediation of Contaminated Properties" (July 2007) (last accessed July 29, 2022)This guidance document from the Department of Environmental Management (DEM) has "worked to develop and implement several measures to ensure consistent and fair consideration of community issues and concerns related to our environment in many programs and areas." Toward that goal, the Department is "convening a stakeholder workgroup to provide direction in the development of new or improved DEM policies, procedures, regulations, and, potentially, legislative initiatives to meet our legal and policy goals."
State: Rhode Island Type: Policy Category: Public Participation, Land Use
Hawai’i Office of Language Access
Citation: Haw. Rev. Stat. Ch. 321CThe law establishes an Office of Language Access "to affirmatively address, on account of national origin, the language access needs of limited English proficient persons." "The purpose of the office of language access is to address the language access needs of limited English proficient persons and ensure meaningful access to services, programs, and activities offered by the executive, legislative, and judicial branches of state government, including departments, offices, commissions, boards, or other agencies, and all covered entities, for limited English proficient persons."
State: Hawaii Type: Policy Category: Language Access
Hawaii Environmental Protection Act
Citation: Haw. Rev. Stat. Ch. 343Hawai'i's Mini-NEPA, HEPA, mandates environmental review for certain agency actions such as permit review for a landfill or oil refinery. If there is a “significant” environmental impact, the lead agency prepares an environmental impact statement (EIS). An action may have a significant impact on the environment if it meets the outlined criteria. "It is the purpose of this chapter to establish a system of environmental review which will ensure that environmental concerns are given appropriate consideration in decision making along with economic and technical considerations."
State: Hawaii Type: Law Category: Mini-NEPA
Hawaii State Constitution – Environmental Rights
Citation: Haw. Const. art. XI, § 9At the constitutional level, Hawaii guarantees that “each person has the right to a clean and healthful environment.”
State: Hawaii Type: Constitutional Provision Category: Environmental Rights
Hazardous Waste Disposal Law
Citation: 2013 Cal AB 1329 (codified at Cal. Health & Safety Code §§ 25162 25180.2)This law directs CalEPA to prioritize hazardous waste enforcement actions affecting communities that have been identified by the California Environmental Protection Agency as being the most impacted environmental justice communities. "The department shall prioritize an enforcement action authorized by this chapter affecting communities that have been identified by the California Environmental Protection Agency as being the most impacted environmental justice communities."
State: California Type: Law Category: Enforcement
Healthy Environment for All (HEAL) Act
Citation: Wash. Rev. Code Ann. § 70A.02 et seq. (2022)The HEAL Act defines ‘environmental justice’ in state law; outlines how agencies should consider community needs and environmental justice (EJ) in their work; establishes a permanent Environmental Justice Council to advise relevant agencies and help create EJ legislation; and expands community participation. This Act strives to reduce "environmental and health disparities and improv[e] the health of all Washington state residents by implementing the recommendations of the environmental justice task force." "The Council provided recommendations to state agencies for measurable goals and model policies to reduce environmental health inequities in Washington, equitable practices for meaningful community involvement, and how to use the environmental health disparities map to identify and promote the equitable distribution of environmental benefits to overburdened communities." This Act also requires that an environmental justice assessment be conducted "... to inform and support the agency's consideration of overburdened communities and vulnerable populations when making decisions and to assist the agency with the equitable distribution of environmental benefits, the reduction of environmental harms, and the identification and reduction of environmental and health disparities. The environmental justice assessment must, "... Where applicable, use cumulative environmental health impact analysis, such as the environmental health disparities map or other data that considers the effects of a proposed action on overburdened communities and vulnerable populations."
State: Washington Type: Law Category: General/Definitions, EJ Advisory
Healthy Homes Program
Citation: Or. HB 2042, 81st Ass., (codified as Or. Rev. Stat. §§ 431A.400)Establishes the Healthy Homes Program within the Oregon Health Authority to give grants to entities to provide financial assistance to low income households and landlords. The program defines “Environmental justice factor” as meaning "... a circumstance or condition that impacts acommunity’s ability to achieve a balance of health, economic or environmental benefits and burdens or that impacts a community’s ability to participate in public processes."
State: Oregon Type: Law Category: General/Definitions, Funding, Other
Illinois Commission on Environmental Justice
Citation: Illinois Environmental Protection Agency, "Illinois Commission on Environmental Justice" (last accessed July 28, 2022)The function of the commission is to "1. advise State entities on environmental justice and related community issues; 2. review and analyze the impact of current State laws and policies on the issue of environmental justice and sustainable communities; 3. assess the adequacy of State and local laws to address the issue of environmental justice and sustainable communities; 4. develop criteria to assess whether communities in the State may be experiencing environmental justice issues; 5. recommend options to the Governor for addressing issues, concerns, or problems related to environmental justice that surface after reviewing State laws and policies, including prioritizing areas of the State that need immediate attention."
State: Illinois Type: Policy Category: EJ Advisory
Illinois Constitution Environment Rights of Individuals
Citation: Ill. Const. art. XI § 2The State Constitution provides that "[e]ach person has the right to a healthful environment. Each person may enforce this right against any party, governmental or private, through appropriate legal proceedings subject to reasonable limitation and regulation as the General Assembly may provide by law."
State: Illinois Type: Constitutional Provision Category: Environmental Rights
Illinois EPA EJ Start
Citation: Illinois Environmental Protection Agency, "EJ Start" (last accessed July 28, 2022)Illinois has an environmental justice mapping tool, Illinois EPA EJ Start, which maps areas of environmental concern for both "minority population" and "low income" populations.
State: Illinois Type: Policy Category: Mapping Tool
Illinois EPA Environmental Justice Public Participation Policy
Citation: Illinois Environmental Protection Agency, "Environmental Justice Public Participation Policy" (last accessed July 28, 2022)The Illinois EPA Environmental Justice Public Participation Policy states that "[t]his policy explains the methods by which the Illinois Environmental Protection Agency (Illinois EPA or Agency) will engage with the public in communities located in identified areas of Environmental Justice (EJ) concern by the Illinois EPA."
State: Illinois Type: Policy Category: General/Definitions, Public Participation
Impact of Electric Generating Facilities
Citation: Va. Code Ann. § 10.1-1186.2:1"The Department and the State Air Pollution Control Board have the authority to consider the cumulative impact of new and proposed electric generating facilities within the Commonwealth on attainment of the national ambient air quality standards."
State: Virginia Type: Law Category: Permitting
Indiana Department of Environmental Management Environmental Stakeholder Inclusion Program
Citation: Indiana Department of Environmental Management, "Environmental Stakeholder Inclusion" (last accessed July 28, 2022)IDEM uses the term “environmental stakeholder inclusion” to refer to initiatives that involve components of environmental justice. IDEM defines “environmental stakeholder inclusion” as “[t]he fair treatment and meaningful involvement of all people regardless of race, color, gender, national origin, geographic location or income with respect to the development, implementation and enforcement of environmental laws, regulations and policies.”
State: Indiana Type: Policy Category: General/Definitions, EJ Coordinator/Agency, Public Participation
Indiana Department of Environmental Management Nondiscrimination Policy
Citation: IDEM, "Nondiscrimination Policy", Policy No. A-008-AW-18-P-R5, Aug 2001The IDEM Nondiscrimination Policy asserts that the department will "treat all members of the public equally and fairly in environmental decision making and the implementation of environmental laws, regulations and policies within the agency’s jurisdiction." Further, they state that the agency shall "make best efforts to provide information using language, terms, and media that are accessible to the affected communities."
State: Indiana Type: Policy Category: General/Definitions
Indiana Environmental Policy Act (IEPA)
Citation: Ind. Code §§ 13-12-4 - 5.The Indiana Environmental Policy Act (IEPA) is a state version of the National Environmental Policy Act (“NEPA”) and requires state agencies to follow many of the same actions that federal agencies must follow under NEPA. Unlike NEPA, IEPA does not require public comment during the creation of Environmental Assessments and Environmental Impact Statements.
State: Indiana Type: Law Category: Mini-NEPA
Industrial Property Remediation and Reuse Act
Citation: R.I. Gen. Laws § 23-19.14-5 (2022)"The department of environmental management shall consider the effects that clean-ups would have on the populations surrounding each site and shall consider the issues of environmental equity for low income and racial minority populations. The department of environmental management will develop and implement a process to ensure community involvement throughout the investigation and remediation of contaminated sites."
State: Rhode Island Type: Law Category: Public Participation, Land Use
Interagency Environmental Justice Response Team
Citation: Mich. Exec. Order 2019-06, section 1(b)(4)(C)Establishes an Interagency Environmental Justice Response Team to "[d]evelop policies and procedures for use by state departments and agencies, including collaborative problem-solving, to assist in assuring that environmental justice principles are incorporated into departmental and agency decision-making and practices.
State: Michigan Type: Policy Category: EJ Advisory
Joint Resolution to Create Environmental Justice Advisory Committee
Citation: S.C. AB 171, 2007The Environmental Justice Advisory Committee was established in 2007 to address environmental justice issues in South Carolina. The Committee is tasked with studying and considering “existing practices at state agencies related to environmental justice in economic development and revitalization projects in [South Carolina], and to make recommendations as it would relate to environmental justice issues in economic development and revitalization projects” in the state. There are 12 representatives from state agencies, and 3 from academic institutions. The Committee defines "environmental justice" as "the fair treatment and meaningful involvement of a person regardless of his race, color, ethnicity, gender, religion, income, or education level with respect to the development, implementation, and enforcement of a law, regulation, or policy that impacts the person's environmental health."
State: South Carolina Type: Law Category: General/Definitions, EJ Advisory
Kentucky Brownfield Redevelopment Program: Cleaner Commonwealth Fund
Citation: Kentucky Energy and Environment Cabinet, "Kentucky Brownfield Redevelopment Program" (last accessed July 28, 2022)The Kentucky Brownfield Redevelopment Program, which makes grants and loans to eligible entities for cleanup, will give very low or no interest loans for projects in areas where there are environmental justice concerns and the project provides employment or health benefits to the environmental justice area. “The goal of the CCF is to fund the cleanup of brownfield properties in order to protect human health and the environment, promote reinvestment and to retain or create new jobs.”
State: Kentucky Type: Policy Category: Land Use, Funding
Kentucky Energy and Environment Cabinet Strategic Operation Plan – FY 21
Citation: Kentucky Energy and Environment Cabinet, "Strategic Operation Plan" (2021) (last accessed July 28, 2022)The Plan states that "The department will evaluate the potential for environmental justice impacts in the decision-making process, including awareness and training for agency staff, and in each of its permitting and non-permitting programs." The plan continues to mention that the department "will consider environmental justice impact" to achieve the goals of clean air, clean and safe water, and waste management and land restoration.
State: Kentucky Type: Policy Category: General/Definitions
Land Use: General Plans: Safety and Environmental Justice
Citation: 2016 Cal. SB 587 (codified at Cal. Gov't. Code § 65302)This law requires local land use planning authorities to identify disadvantaged communities as well as objectives and policies to reduce the unique or compounded health risks in those communities. The law will "... add to the required elements of the general plan an environmental justice element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities, as defined, within the area covered by the general plan of the city, county, or city and county, if the city, county, or city and county has a disadvantaged community. The bill would also require the environmental justice element, or related environmental justice goals, policies, and objectives integrated in other elements, to identify objectives and policies to reduce the unique or compounded health risks in disadvantaged communities, as specified, identify objectives and policies to promote civil engagement in the public decisionmaking process, and identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities."
State: California Type: Law Category: Land Use
Language access rules
Citation: 30 Tex. Admin. Code § 39.426TCEQ rules require that notice of certain waste, water and air permit applications be provided in an alternate langauge when the elementary or middle school nearest the facility is required to have a bilingual program in that language. In such cases notices of the application, a plain language summary of the application, notice of public meetings responses to comments, and certain other documents must be translated. In addition interpretation services must be provided at certain public meetings.
State: Texas Type: Regulation Category: Language Access
Last Resort Housing Plan Rules
Citation: 24 Va. Admin. Code § 30-41-670"If the analysis of the characteristics and needs of a displaced family indicates that the provision of last resort housing may be necessary, the district office will develop a plan to determine the method of producing comparable replacement housing. In the development of the plan, innovative approaches and methods for the provision and financing of replacement housing will be considered. The plan shall include [. . . c]onsideration of environmental suitability of the location of the proposed housing, including consideration of environmental justice[.]"
State: Virginia Type: Regulation Category: Other
Legislative declaration of state policy on environment and utilization of natural resources
Citation: Wash. Rev. Code Ann. § 43.21A.010 (2022)This law recognizes and declares it to be the policy of this state, that it is a fundamental and inalienable right of the people of the state of Washington to live in a healthful and pleasant environment and to benefit from the proper development and use of its natural resources.
State: Washington Type: Law Category: Environmental Rights
Limited English Proficiency Policy
Citation: Tenn. Dept of Environment and Conservation, TDEC Limited English Proficiency and Procedure (2017) (last accessed July 29, 2022)This language access Plan directs TDEC "to ensure that persons with Limited English Proficiency (LEP) have meaningful access and equal opportunity to participate in TDEC services, programs, and activities." Their policy is to provide "meaningful community with LEP persons and their authorized representatives." In providing language assistance services, "TDEC is guided by a four-factor test: 1. the proportion or number of LEP persons eligible to be served or likely to be encountered; 2. The frequency of LEP contacts with TDEC; 3. The nature/importance of the program, activity, or service provided; and 4. TDEC division resources and costs."
State: Tennessee Type: Policy Category: Language Access
Maine Solid Waste Management Rules: General Provisions – “Environmental Justice”
Citation: 06-096-400 Me. Code R. §§ 1,5Maine Code of Regulations defines "Environmental Justice" in their Solid Waste Rules written by Maine EPA as "the right to be protected from environmental pollution and to live in and enjoy a clean and healthful environment regardless of ancestry, class, disability, ethnicity, income, national origin, or religion. Environmental justice includes the equal protection and meaningful involvement of all people with respect to the development, implementation, and enforcement of waste management laws, regulations, and licensing decisions." The regulations further required that any proposed facility is “not inconsistent with ensuring environmental justice for the community in which the facility is proposed.”
State: Maine Type: Regulation Category: General/Definitions, Permitting
Maps and Geospatial Information System (GIS) Tools for Environmental Justice
Citation: N.Y. Dept of Environmental Conservation, "Maps and Geospatial Information System (GIS) Tools for Environmental Justice" (last accessed July 28, 2022)This mapping tool locates "potential environmental justice communities" by mapping "U.S. Census block groups of 250 to 500 households each that, in the Census, had populations that met or exceeded at least one of the following statistical thresholds: 1. At least 52.42% of the population in an urban area reported themselves to be members of minority groups; or 2. At least 26.28% of the population in a rural area reported themselves to be members of minority groups; or 3. At least 22.82% of the population in an urban or rural area had household incomes below the federal poverty level.
State: New York Type: Policy Category: Mapping Tool
Maryland Commission on Environmental Justice and Sustainable Communities
Citation: Maryland Commission on Environmental Justice and Sustainable Communities (last accessed July 28, 2022)The Commission on Environmental Justice and Sustainable Communities was established by Executive Order in 2001, and is currently codified in the Environmental Article. The Commission adopts a definition of environmental justice as "equal protection from environmental and public health hazards for all people regardless of race, income, culture, and social status."
State: Maryland Type: LawExecutive Order Category: EJ Advisory
Maryland Environmental Justice Executive Order
Citation: Md. Exec Order 01.01.2001.01This E.O. created the Commission on Environmental Justice and Sustainable Communities and charged them with "Advis[ing] State agencies on environmental justice and related community issues."
State: Maryland Type: Executive Order Category: General/Definitions, EJ Advisory
Maryland Environmental Justice Screen Tool (MD EJ SCREEN)
Citation: Md. Dept. of Natural Resources, "Maryland Environmental Justice Screen Tool" (last accessed July 28, 2022)The Maryland Environmental Justice Screen Tool (MD EJSCREEN) was developed to allow users to explore layers of environmental justice concern, determine the overall ‘EJ Score’ for census tracts in the state, and view additional context layers relevant to their area of concern or story they would like to tell.
State: Maryland Type: Policy Category: Mapping Tool
Maryland Environmental Policy Act
Citation: Md. Code Ann., Nat. Res. § 1-301 et seq.This Act establishes the right that "[e]ach person has a fundamental and inalienable right to a healthful environment, and each person has a responsibility to contribute to the protection, preservation, and enhancement of the environment." It also generally establishes a review of environmental effects of proposed State action. A proposed state action is defined as "alter[ing] the quality of the air, land or water resources" of Maryland. Any environmental effects report must include a list of actions that would affect "the environment, natural as well as socioeconomic and historic."
State: Maryland Type: Law Category: Mini-NEPA
Maryland Park Equity Mapper v2.0
Citation: Md. Dept. of Natural Resources, "Maryland Park Equity Mapper" (last accessed July 28, 2022)This map investigates the cultural, socioeconomic, and health barriers to green space access for people of color and low-wealth community members throughout the state.
State: Maryland Type: Policy Category: Mapping Tool
Massachusetts Department of Environmental Protection Initiative on Cumulative Impact Analysis in Air Quality Permitting
Citation: Massachusetts Department of Environmental Protection, "Initiative on Cumulative Impact Analysis in Air Quality Permitting" (last accessed July 28, 2022)The Cumulative Impact Analysis in Air Quality Permitting "MassDEP initiative [serves] to incorporate cumulative impact analysis into the agency's review of applications for certain air permits and approvals." Defined, "Cumulative impacts are the total effect of past, present, and future actions on the environment and human health. Evaluating these effects is the focus of cumulative impact analysis (CIA)."
State: Massachusetts Type: Policy Category: Permitting
Massachusetts Environmental Justice Advisory Council
Citation: Mass. Exec. Order No. 552The Governor’s Environmental Justice Advisory Council is responsible for advising the Governor and the Secretary of Energy and Environmental Affairs "on policies, practices, and specific actions" to promote environmental justice.
State: Massachusetts Type: Executive Order Category: Public Participation, EJ Advisory, Other
Massachusetts Environmental Justice Maps Viewer
Citation: Massachusetts Department of Environmental Protection, "Environmental Justice Maps Viewer" (last accessed July 28, 2022).This mapping tool visualizes Environmental Justice Communities in Massachusetts.
State: Massachusetts Type: Policy Category: Mapping Tool
Massachusetts Environmental Justice Policy
Citation: Executive Office of Energy and Environmental Affairs, "Environmental Justice Policy" (June 2021) (last accessed July 28, 2022).The "EEA maintains a policy of environmental justice to better serve the environmental needs of the Commonwealth’s most vulnerable residents." It serves as an update to the old 2002 policy "codifing foundational definitions for environmental justice principles and populations, as well as environmental benefits and burdens." The Policy defines enviromental justice as "the equal protection and meaningful involvement of all people and communities with respect to the development, implementation, and enforcement of energy, climate change, and environmental laws, regulations, and policies and the equitable distribution of energy and environmental benefits and burdens."
State: Massachusetts Type: Policy Category: General/Definitions, Public Participation, Permitting
Massachusetts Environmental Justice Task Force
Citation: Executive Office of Energy and Environmental Affairs, "Environmental Justice Contacts" (last accessed July 28, 2022)These individual contacts listed "are members of EEA’s Environmental Justice Task Force." They can be contacted "with any questions or concerns regarding EJ issues."
State: Massachusetts Type: Policy Category: EJ Coordinator/Agency
Massachusetts Environmental Policy Act
Citation: Mass. Gen. Laws Ann., ch. 30, §§ 61–62L (2021)This Act is the Commonwealth's Mini-NEPA requiring the government to "... review, evaluate, and determine the impact on the natural environment of all works, projects or activities conducted by them and shall use all practicable means and measures to minimize damage to the environment."
State: Massachusetts Type: Law Category: Mini-NEPA
Massachusetts Executive Order on Environmental Justice
Citation: Mass. Exec. Order No. 552This Executive Order identifies the need for government to recognize and uplift Environmental Justice in agencies, establishes the Environmental Justice Advisory Board, and sets intention for “public participation opportunities in Environmental Justice Populations, including a plan for communicating in multiple languages” when environmental justice populations are “potentially affected by development projects, brownfield remediation, industrial operations, and commercial facilities.”
State: Massachusetts Type: Executive Order Category: General/Definitions, Public Participation, EJ Advisory
Massachusetts Interagency Environmental Justice Working Group
Citation: Mass. Exec. Order No. 552The Interagency Environmental Justice Working Group is comprised of the Environmental Justice Coordinators of each department under the governor’s authority. The mission of this group is to “to maximize state resources, research, and technical assistance to further the environmental justice goals contained in the executive order.”
State: Massachusetts Type: Executive Order Category: EJ Advisory, Other
MEPA Interim Protocol for Environmental Justice Outreach
Citation: Executive Office of Energy and Environmental Affairs, "MEPA Public Involvement Protocol for Environmental Justice Populations" (Jan. 1, 2022) (last accessed July 28, 2022)The official Public Involvement Protocol for Environmental Justice Populations “define[s] the public involvement requirements for all MEPA projects.” MEPA “will be required to identify the location of the project relative to EJ populations” and work "to improve public participation."
State: Massachusetts Type: Policy Category: Public Participation, Permitting
Michigan Advisory Council on Environmental Justice
Citation: Mich. Dept of Environment, Great Lakes, and Energy, "Michigan Advisory Counsil on Environmental Justice" (last accessed July 28, 2022)Michigan Adivsory Council on Environmental Justice (MAC-EJ) has members drawn from "frontline activists, advocacy organizations, academia, tribal representation, local governments, business and industry, public health, and labor." The MAC-EJ is "an advisory body for Environmental Justice actions" led by the Interagency Environmental Justice Response Team and the Office of Environmental Justice Public Advocate.
State: Michigan Type: Policy Category: EJ Advisory
Michigan Executive Order 2007-23
Citation: Mich. Exec. Order 2007-23This Executive Order was the first of its kind in Michigan, mandating the Department of Environmental Quality to "develop and implement a state environmental justice plan", "identify and address discriminatory public health or environmental effects discriminatory and disproportionate impacts ... including ... disproportionate impacts", and "provide policies and procedures" to guide state agencies towards environmental justice goals. This E.O. defines environmental justice as "... the fair, non-discriminatory treatment and meaningful involvement of Michigan residents regarding the development, implementation, and enforcement of environmental laws, regulations, and policies by this state." II
State: Michigan Type: Executive Order Category: General/Definitions
Michigan Executive Order 2019-06
Citation: Mich. Exec. Order 2019-06Governor Whitmer's Executive Order established the Interagency Environmental Justice Response Team as well as the Office of the Environmental Justice Public Advocate within the newly reconstituted Department of Environment, Great Lakes, and Energy (EGLE).
State: Michigan Type: Executive Order Category: EJ Advisory, Other
Michigan Limited English Proficiency Plan
Citation: Mich. Dept. of Environment, Great Lakes and Energy, "Limited English Proficiency Plan" (last accessed July 28, 2022)EGLE "will take reasonable steps to ensure that vital documents are translated or interpreted into languages of LEP individual(s) affected. EGLE will also take reasonable steps to ensure communication is conducted with the use of a qualified contract interpreter, or translator, or a bilingual staff member." Further, "[a]fter LEP populations have been identified, strategies will be developed to provide notice of a program, service, or activity, using appropriate media. Community groups serving LEP populations will be contacted, as well as schools, church groups, chambers of commerce, and other relevant entities."
State: Michigan Type: Policy Category: Language Access
Michigan Office of the Environmental Justice Public Advocate
Citation: Mich. Exec. Order 2019-06, section 1(f)The Environmental Justice Public Advocate serves as an “external and internal voice to ensure environmental justice throughout the state.” The Environmental Justice Public Advocate is responsible for creating a reporting system for environmental justice related complaints for the state as well as investigating and resolving complaints. In addition, the Environmental Justice Public Advocate leads EGLE’s Interagency Environmental Justice Response Team.
State: Michigan Type: Executive Order Category: EJ Coordinator/Agency
Michigan Policy on Public Involvement in Department Decisions
Citation: Mich. Dept. of Environment, Great Lakes, and Energy, Policy 09-007 (rev. Jan 21, 2020) (last accessed July 28, 2022)This policy requires that the agency confer with the Office of the Environmental Justice Public Advocate before public meetings and hearings. Although the policy does not explicitly reference EJ communities, for certain permitting or licensing transactions “EGLE encourages applicant(s) to meet with community stakeholders to promote open dialogue early in the process,” with a preference for applicants to provide notice to and stage ongoing dialogue with residents in communities about the pending application and the proposed project.
State: Michigan Type: Policy Category: General/Definitions, Public Participation
Minnesota Environmental Justice Outreach Coordinator
Citation: Minn. Pollution Control Agency, "Environmental Justice Outreach Coordinator" (last accessed July 28, 2022)The Environmental Justice Outreach Coordinator is affiliated with the Environmental Justice Advisory Group and able to answer questions about environmental justice work within both the Advisory Group and MPCA at large.
State: Minnesota Type: Policy Category: EJ Coordinator/Agency
Minnesota Environmental Policy Act
Citation: Minn. Stat. § 116D.01 et seq. (2021)The State's general environmental policy is "... to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which human beings and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of the state's people."
State: Minnesota Type: Law Category: Mini-NEPA
Minnesota Pollution Control Agency Environmental Justice Advisory Group
Citation: Minn. Pollution Control Agency, "Environmental Justice Advisory Group" (last accessed July 28, 2022)"The Environmental Justice Advisory Group advises the MPCA Commissioner on implementation of the agency's environmental justice framework, provides feedback on its effectiveness, and offer suggestions for future improvements."
State: Minnesota Type: Policy Category: EJ Advisory
Minnesota Pollution Control Agency Environmental Justice Framework
Citation: Minn. Pollution Control Agency, "Environmental Justice Framework" (May, 2022) (last accessed July 28, 2022)This document represents MPCA's framework for addressing environmental justice in the state. Within this framework, the authors propose initial implementation actions to integrate environmental justice principles into daily agency work. The document defines environmental justice as "the right of communities of color, Indigenous communities, andlow-income communities, to the enjoyment of a healthy environment and to fair treatment with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies." Additionally, they define an environmental justice community as "... mean[ing] a people group or geographic location that experiences environmental justice related harms and risks."
State: Minnesota Type: Policy Category: General/Definitions
Minnesota Pollution Control Agency Environmental Justice Policy
Citation: Minn. Pollution Control Agency, "Environmental Justice Policy" (last accessed July 28, 2022)This environmental justice policy defines that the Minnesota Pollution Control Agency (MPCA) will, within its authority, strive for the “... fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies." "Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies. Meaningful Involvement means that: 1. people have an opportunity to participate in decisions about activities that may affect their environment and/or health; 2. the public’s contribution can influence the regulatory agency’s decision; 3. their concerns will be considered in the decision making process; and 4. the decision makers seek out and facilitate the involvement of those potentially affected." These concepts are "embraced as environmental justice by the MCPA."
State: Minnesota Type: Policy Category: General/Definitions, Public Participation
Mississippi Office of Community Engagement
Citation: Miss. Dept. of Environmental Quality, "Environmental Justice" (last accessed July 28, 2022)Mississippi's Office of Community Engagement within the Department of Environmental Quality defines "environmental justice" as "the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies." The goal's of the office include "Develop[ing] transparent and accessible decision-making processes to enable meaningful community stakeholder participation [and] [p]resent[ing] information in ways that will enable community stakeholders to better understand environmental issues and offer input in an informed way during the decision-making process."
State: Mississippi Type: Policy Category: EJ Coordinator/Agency, Public Participation
Montana Constitution, Article IX
Citation: Mont. Const., art. IX, § 1.This article of the Montana Constitution requires the state legislature to provide adequate remedies for the protection of the environmental life support system from degradation and to prevent unreasonable depletion and degradation of natural resources.
State: Montana Type: Constitutional Provision Category: Environmental Rights
Montana Environmental Policy Act
Citation: Mont. Code Ann. § 75-01-101, et seqThis law requries that state agencies "... must conduct an environmental review when making decisions or planning activities that may have an impact on the environment." Additionally, "[t]he environmental review process applies not only to actions initiated by the agency, but also to the issuance of state permits and licenses."
State: Montana Type: Law Category: Mini-NEPA
Nevada Department of Transportation Title VI Implementation Plan
Citation: Nev. Dept of Transportation, "Title VI Implementation Plan" (August 2020)NDOT’s Title VI Implementation Plan requires annual performance review by "[s]ampling environmental documents to ensure Community Impact Assessments appropriately identify underserved communities and discuss avoidance, minimization and mitigation of disproportionately high or adverse impact; [c]hoosing media outlets and other disbursement networks to ensure access to traditionally underserved and LEP customers; or [e]nsuring that meetings, hearings and other public involvement events are held in accessible locations and at times to garner the best representation of the impacted community."
State: Nevada Type: Policy Category: Civil Rights, Transportation EJ Policy
Nevada Department of Transportation (NDOT): External Civil Rights, Title VI, Environmental Justice
Citation: Nev. Dept. of Transportation, "Civil Rights, Title VI" (last accessed July 28, 2022)NDOT provides a definition of "environmental justice" as "... identifying and addressing disproportionately high and adverse effects of the agency’s programs, policies, and activities on minority populations and low-income populations to achieve an equitable distribution of benefits and burdens."
State: Nevada Type: Policy Category: Transportation EJ Policy
New Jersey Department of Environmental Protection (NJDEP) EJMAP
Citation: N.J. Dept. of Environmental Protection, "Environmental Justice Mapping, Assessment and Protection (EJMAP)" (last accessed July 28, 2022)"EJMAP is intended to provide the public with a visual representation of: the location of [Overburdened Communities] OBCs throughout the State; and the presence of environmental and public health stressors in each OBC; and how the stressors in each OBC compare on a State and County basis, both individually and cumulatively."
State: New Jersey Type: Policy Category: Mapping Tool
New Jersey Executive Order 215 of 1989
Citation: N.J. Exec. Order No. 215 (1989)This Executive Order requires "... an environmental assessment (EA) or environmental impact statement (ESA) in support of major construction projects." The objective of the Order is "to reduce or eliminate any potential adverse environmental impacts of projects inititated or funded by the state" and there are some considerations of cumulative impacts and environmental justice required.
State: New Jersey Type: Executive Order Category: Mini-NEPA
New Jersey Executive Order 23 of 2018
Citation: N.J. Exec. Order No. 23 (Apr. 20, 2018)This Executive Order addresses Environmental Justice issues in New Jersey’s urban communities. It establishes that "all Executive branch departments and agencies shall consider the issue of Environmental Justice and make evaluations and assessments in accordance with that guidance, to the extent not inconsistent with law."
State: New Jersey Type: Executive Order Category: General/Definitions, EJ Advisory
New Jersey Executive Order 63 of 2019
Citation: Exec. Order No. 63 (Apr. 02, 2019)This Executive Order establishes new regulatory principles to foster economic growth and government efficiency. It states that "state entities should engage with affected communities, and provide opportunities for various groups to work in partnership with the State in crafting solutions." So doing, the EO requires State entities to give "due consideration to 'Environmental Justice,' meaning that in conceiving and fashioning proposed regulations, State entities should identify and address, as appropriate and practicable, disproportionately high and adverse human health or environmental effects of the program, policy, or activity on minority and low-income populations."
State: New Jersey Type: Executive Order Category: General/Definitions
New Jersey What’s In My Community? Mapping Tool
Citation: N.J. Dept. of Environmental Quality, "What's In My Community?" (last accessed July 28, 2022)This interactive mapping tool allows users to view the overburdened communities, the criteria each block group meets, and the municipality for which the overburdened community is designated in accordance with the New Jersey Environmental Justice Law, N.J.S.A. 13:1D-157, as well as query addresses to determine if they are within an overburdened community.
State: New Jersey Type: Law Category: Mapping Tool
New Mexico Environmental Department Limited English Proficiency (LEP) Policy
Citation: N.M. Environment Dept., Policy 07-11 (Feb 2018)The goal of the Policy is to "provide LEP [Limited English Proficiency] persons and populations meaningful access to NMED's actions and proceedings."
State: New Mexico Type: Policy Category: Language Access
New Mexico Environmental Department Public Participation Policy
Citation: N.M. Environment Dept., Policy 07-13 (Feb 2018)The Public Participation Policy states that "NMED shall provide proper and appropriate public participation opportunities related to NMED's actions and proceedings." The Policy defines "environmental justice" as "the fair treatment and meaningful involvement of all people regardless of race, color, or income with respect to the development, implementation, and enforcement of environmental laws, regulations and policies." Further, the Policy also defines "potential environmental justice areas" as "a minority or low-income community that may bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, local, and tribal programs and policies."
State: New Mexico Type: Policy Category: General/Definitions, Public Participation
New Mexico Environmental Justice Executive Order
Citation: Exec. Order No. 56 (Nov. 18, 2005)This Executive Order requires all state agencies to utilize "environmental and public health data to address pollution impacts in low-income communities and communities of color and in siting, permitting, compliance, enforcement, and remediation of existing and proposed industrial and commercial decisions." The EO also establishes the Environmental Justice Task Force whose purpose is to "make recommendations to State Agencies regarding actions to be taken to address environmental justice issues consistent with agencies' existing statutory and regulatory authority."
State: New Mexico Type: Executive Order Category: General/Definitions, EJ Advisory
New York Environmental Justice Grant Programs
Citation: N.Y. Dept. of Environmental Conservation, "New York Environmental Justice Grant Programs" (last accessed July 28, 2022)The Office of Environmental Justice within DEQ "... offers competitive grants to support and empower communities as they develop and implement solutions that significantly address environmental issues, harms, and health hazards, build community consensus, set priorities, and improve public outreach and education."
State: New York Type: Policy Category: Funding
New York Environmental Rights Constitutional Amendment
Citation: N.Y. Const. art. 1 § 19.This Section of the New York Constitution establishes the right of all persons to "have a right to clean air and water, and a healthful environment."
State: New York Type: Constitutional Provision Category: Environmental Rights
New York State Department of Environmental Conservation Policy on Environmental Justice and Permitting
Citation: N.Y. Dept. of Environmental Conservation, "Commissioner Policy 29: Environmental Justice and Permitting" (March 2003)The policy "... provides guidance for incorporating environmental justice concerns into the New York State Department of Environmental Conservation (DEC) environmental permit review process and the DEC application of the State Environmental Quality Review Act. The policy also incorporates environmental justice concerns into some aspects of the DEC's enforcement program, grants program and public participation provisions."
State: New York Type: Policy Category: Public Participation, Permitting
Nondiscrimination in EGLE Programs
Citation: Mich. Dept. of Environment, Great Lakes, and Energy, Policy 09-024 (rev. Jan 21, 2020) (last accessed July 28, 2022)This policy requires documentation of compliance with Title VI, designates the Nondiscrimination Compliance Coordinator role within EGLE, public notice of nondiscrimination, and the adoption of grievance procedures that assure the prompt and fair resolution of discrimination complaints alleging violations of 40 CFR 7.
State: Michigan Type: Policy Category: General/Definitions, Civil Rights
North Carolina Community Mapping System
Citation: N.C. Dept. of Environmental Quality, "North Carolina Community Mapping System" (last accessed July 28, 2022)This mapping tool indicates locations of NCDEQ permitted facilities, hazardous waste/ superfund sites, and potentially underserved block groups.
State: North Carolina Type: Policy Category: Mapping Tool
North Carolina Department of Environmental Quality Secretary’s Environmental Justice and Equity Board
Citation: N.C. Dept. of Environmental Quality, "Secretary's Environmental Justice and Equity Board" (last accessed July 28, 2022)The Board is tasked with "assist[ing] the Department in achieving and maintaining the fair and equal treatment and meaningful involvement of North Carolinians regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies." Further, they "shall advise the Secretary on the integration of environmental justice and equity considerations into Departmental programs, policies and activities to mitigate the environmental or public health impacts in communities disproportionately burdened by environmental harms." The Board will also "advise on vulnerable, at risk, limited English proficiency, North Carolinians with disabilities and American Indian Tribes."
State: North Carolina Type: Policy Category: EJ Advisory
North Carolina Environmental Policy Act
Citation: N.C. Gen. Stat. § 113A-1 (1971)This law requires state agencies to consider the environmental effects of their actions, including cumulative impacts. A permit should be denied if cumulative effects would cause listed harm. "Cumulative effects are impacts attributable to the collective effects of a number of projects and include the effects of additional projects similar to the requested permit in areas available for development in the vicinity."
State: North Carolina Type: Law Category: Mini-NEPA
North Carolina Executive Order No. 143, Addressing the Disproportionate Impact of Covid-19 on Communities of Color
Citation: N.C. Exec. Order No. 143 (June 4, 2020)This Executive Order directs North Carolina Dept of Environmental Quality to “create a common discourse” on environmental justice, identify communities of concern, and coordinate with Executive Agencies to integrate environmental justice into existing and future policies. Establishes The Andrea Harris Social, Economic, Environmental, and Health Equity Task Force to "promote economic stability, eliminate health disparities and achieve environmental justice."
State: North Carolina Type: Executive Order Category: General/Definitions, EJ Advisory
North Carolina Executive Order No. 246, North Carolina’s Transformation to a Clean, Equitable Economy
Citation: N.C. Exec. Order No. 246 (January 7, 2022)."The Governor's Office and Cabinet agencies shall incorporate environmental justice and equity considerations and benefits in the implementation ofthis Executive Order, Executive Order No. 80 and Executive Order No. 218 "Advancing North Carolina's Economic and Clean Energy Future with Offshore Wind." ... Council of State members [et al.] are encouraged to incorporate environmental justice and equity considerations and benefits into their work. Consistent with applicable law, Cabinet agencies shall actively support such actions."
State: North Carolina Type: Executive Order Category: General/Definitions
Open EnviroMap
Citation: N.M. Environment Dept., "OpenEnviroMap" (last accessed July 28, 2022)This mapping tool tracks many imputs including permitted facilities, brownfields, drinking water sources, hazardous waste sites, and population demographics among others.
State: New Mexico Type: Policy Category: Mapping Tool
Oregon DEQ Environmental Justice Principles and Implementation
Citation: Or. Dept. of Environmental Quality, “Oregon Environmental Justice – Principles and Implementation” (1997)This policy directs state natural resource agencies to consider cumulative impacts during permit applications and as part of environmental enforcement. "[A]nalysis of affected population by a variety of factors includ[es] population concentration, cumulative exposure to hazards, and different patterns of use of resources."
State: Oregon Type: Policy Category: General/Definitions
Oregon Environmental Justice Council
Citation: Governor of Or., "Oregon Environmental Justice Council" (last accessed July 28, 2022)Some select duties of the Council are to "[a]dvise and provide a biannual report to the Governor on environmental justice issues; ... [a]dvise natural resource agencies on environmental justice issues, including community concerns and public participation processes ...."
State: Oregon Type: Policy Category: Public Participation, EJ Advisory
Overburdened Communities List
Citation: Pub. Law. 2020, chap. 92, (codified as N.J. Stat. Ann. 13:1D-157)"An Overburdened Community (OBC) is any census block group, as determined in accordance with the most recent United States Census, in which: 1. at least 35 percent of the households qualify as low-income households (at or below twice the poverty threshold as determined by the United States Census Bureau); 2. at least 40 percent of the residents identify as minority or as members of a State recognized tribal community; or 3. at least 40 percent of the households have limited English proficiency (without an adult that speaks English “very well” according to the United States Census Bureau)."
State: New Jersey Type: Policy Category: General/Definitions
Pennsylvania DEP Draft Environmental Justice Policy Revision
Citation: Pa. Dept. Environmental Protection, "Environmental Justice Policy Revision" (last accessed July 28, 2022)The final draft of the updated Environmental Justice Policy public comment period is closed. PA DEP is now analyzing the comments and will produce a comment response document. The existing Environmental Justice Policy from 2004 will remain in effect until the revised policy is adopted. The draft Environmental Justice Policy includes several sections to expand and improve upon the existing Environmental Justice Public Participation Policy which has been in effect since 2004.
State: Pennsylvania Type: Policy Category: General/Definitions, Public Participation
Pennsylvania DEP Public Participation Policy
Citation: Pa. Dept. of Envtl. Prot., "Environmental Justice Public Participation Policy" (2004)This policy "... provides direction and guidance to DEP staff on how to identify an Environmental Justice Area using the area of concern as it relates to specific permit applications and demographic data, and how to enhance public participation during the permitting process for some permits in these areas."
State: Pennsylvania Type: Policy Category: Public Participation, Other
Pennsylvania Environmental Justice Advisory Board
Citation: Pa. Dept. of Environmental Protection, "Environmental Justice Advisory Board" (last accessed July 28, 2022)"The Environmental Justice Advisory Board (EJAB) is charged with overseeing the implementation of DEP's Enhanced Public Participation Policy. EJAB provides a forum for protecting the health of communities, especially communities with the greatest concentration of environmental risks. The EJAB shall review and make recommendations to DEP management on existing and proposed regulations and policies that impact the environmental health of communities. EJAB also provides a forum for stakeholders to share environmental concerns in their communities."
State: Pennsylvania Type: Policy Category: Public Participation, EJ Advisory
Pennsylvania Environmental Justice Areas Viewer
Citation: Pa. Dept. of Evironmental Protection, "Environmental Justice Areas Viewer" (last accessed July 28, 2022)This mapping tool compares census tract data on race, language, poverty, education, and health with the locations of permitted facilities, remidation projects, and superfund sites. The tool maps "Environmental Justice Areas" which are "any census block group where 20% or more individuals live in poverty, and/or 30% or more of the population is minority. " The tool can be used "to visualize, analyze, and print maps of EJ Areas, EJ Areas of Concern, permitted facilities and datasets from other state departments and federal government agencies."
State: Pennsylvania Type: Policy Category: Mapping Tool
Pennsylvania Environmental Rights Amendment
Citation: Pa. Const. art. I § 27This Amendment provides that "[t]he people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people."
State: Pennsylvania Type: Constitutional Provision Category: Environmental Rights
Pennsylvania Executive Order 2021-07, Environmental Justice
Citation: Pa. Exec. Order 2021-07 (Oct 28, 2021)This executive order establishes the Office of Environmental Justice within Pennsylvania DEP, directs this office to "develop an enhanced public participation policy for environmental justice areas", and creates an Environmental Justice Advisory Board and an Interagency Council to advise the governor and coordinate environmental justice actions between state agencies.
State: Pennsylvania Type: Executive Order Category: General/Definitions, EJ Coordinator/Agency, Public Participation, EJ Advisory
Pennsylvania Office of Environmental Justice
Citation: Pa. Dept. of Environmental Protection, "Office of Environmental Justice" (last accessed July 28, 2022)"The Office of Environmental Justice fulfills a critical role within DEP – ensuring that the Pennsylvanians most at risk from pollution and other environmental impacts have a voice in the decision-making process. Justin Dula serves as Director of the Office of Environmental Justice."
State: Pennsylvania Type: Policy Category: EJ Coordinator/Agency, Public Participation
Permanent Commission on the Status of Racial, Indigenous and Maine Tribal Populations
Citation: Pub. Law. 457, 129th Sess. (codified as Me. Rev. Stat. Ann. tit. 5 §§ 12004I, 25001-25011)The Commission seeks to “promote, implement and coordinate programs that create and improve opportunities and incorporate the goal of eliminating disparities for historically disadvantaged racial, indigenous and tribal populations in [Maine]."
State: Maine Type: Law Category: Tribal Consultation
Preservation of Natural Resources Constitutional Amendment
Citation: R.I. Const. art. I § 17The State Constitution provides that "[i]t shall be the duty of the general assembly to provide for the conservation of the air, land, water, plant, animal, mineral and other natural resources of the state, and to adopt all means necessary and proper by law to protect the natural environment of the people of the state by providing adequate resource planning for the control and regulation of the use of the natural resources of the state and for the preservation, regeneration and restoration of the natural environment of the state."
State: Rhode Island Type: Constitutional Provision Category: Environmental Rights
Public Resources Code Division 34. Environmental Protection Part 3. Environmental Justice
Citation: Cal. Pub.Res.Code §§ 71110-71118This statute mandates that the California Environmental Protection Agency "[c]onduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the state" in designing its mission for programs, policies, and standards and outlines associated duties, a model Environmental Justice Mission Statement, and a review of existing impediments to achieving environmental justice. (§ 71110, § 71111, § 71114.1). The statute further creates an environmental justice enforcement working group and associated environmental justice advisory to increase compliance with environmental laws in areas disproportionately impacted by health and environmental harms, identify disproportionately impacted areas for targeted compliance assistance and enforcement, provide communities with meaningful opportunities for input on potential environmental justice concerns and the implementation of proposed remedies, and increase coordination among CalEPA boards and departments and with local, state, and federal regulatory and law enforcement agencies to improve compliance and enforcement efforts in disproportionately impacted areas. (§§ 71112-71114) Finally, the statute created an Environmental Justice Small Grant Program and manded requirements for Supplemental Environmental Projects. (§§ 71116, 71118) The working group became a permanent task force in 2016.
State: California Type: Law Category: EJ Coordinator/Agency, Public Participation, Enforcement, EJ Advisory
Public Utility Commission: General Provisions
Citation: Or. Rev. Stat. § 756.010Oregon's Public Utility Commission (PUC) operates with a different definition of envionmental justice from the Environmental Justice Council's (EJC) definition. The PUC defines "environmental justice” as meaning "equal protection from environmental and health hazards and meaningful public participation in decisions that affect the environment in which people live, work, learn, practice spirituality and play." However, the PUC uses the same definition as the EJC when describing “environmental justice communities” as including "communities of color, communities experiencing lower incomes, tribal communities, rural communities, coastal communities, communities with limited infrastructure and other communities traditionally underrepresented in public processes and adversely harmed by environmental and health hazards, including but not limited to seniors, youth and persons with disabilities."
State: Oregon Type: Law Category: General/Definitions, Public Participation, Other
Puerto Rico Environmental Public Policy Act
Citation: Act 416-2004, rev. Apr. 13, 2012 (codified as P.R. Laws Ann. tit. 12, §§ 8001-8007i)The Environmental Public Policy Act is Puerto Rico's Mini-NEPA. EPPA requires that state agencies study the environmental consequences of their actions, including permitting and financial assistance. It also requires them to take all feasible measures to avoid, minimize, and mitigate damage to the environment. Further, it requires agencies to produce cumulative impacts statements. "The purposes of this Act are to ... promote a stronger and more efficient environmental protection; to create an environmental databank and digital information system; to ensure that environmental issues are included and considered in the government’s efforts to address the social and economic needs of our population ...." Any "environmental impact" or "adverse effects on the environment" shall be studied in decision making.
State: Puerto Rico Type: Law Category: Mini-NEPA
Rhode Island DEM Environmental Resource Map
Citation: R.I. Dept. of Environmental Management, "RIDEM Invironmental Resource Map" (last accessed July 29, 2022)RIDEM's Environmental Resource mapping tool has a layer option under "boundries and regulatory overlays" for "environmental justice area[s]."
State: Rhode Island Type: Policy Category: Mapping Tool
Rhode Island Health Equity Measures
Citation: R.I. Dept. of Health, "Rhode Island Health Equity Measures" (last accessed July 29, 2022)This guidance document provides insights for reducing inequities and improve opportunities for every Rhode Islander. "To improve surveillance of the socioeconomic and environmental factors that drive health inequities, the Rhode Island Department of Health (RIDOH) collaborated with community partners to form the Community Health Assessment Group and develop Rhode Island's first set of statewide health equity measures." The purpose of this resource is "to serve as Rhode Island's statewide standard for assessing the State's progress towards health equity."
State: Rhode Island Type: Policy Category: General/Definitions, Other
Selection or Approval of Sites for Certain Sanitary Landfills
Citation: N.C. Gen. Stat. § 160A-325(a) (2018)This law requires consideration of "alternative sites and socioeconomic and demographic data and a public hearing prior to selecting or approving a site for a new sanitary landfill that receives residential solid waste and is located within one mile of an existing sanitary landfill within the State."
State: North Carolina Type: Law Category: Permitting, Land Use
Siting High Impact Solid Waste Management Facilities
Citation: Ark. Code Ann. § 8-6-1504 (2020)These provisions of Arkansas Code create a “rebuttable presumption” against siting a new high-impact solid waste facility within a twelve-mile radius of another one, with the legislative intent of preventing“lower-income or minority communities” from becoming “involuntary hosts to a proliferation of high impact solid waste management facilities.” The presumption may be rebutted by showing a lack of sufficient sites, or by the community allowing it because of certain incentives defined in the statute.
State: Arkansas Type: Law Category: Permitting
Solid Waste – Misc. Facilities
Citation: 9 Va. Admin. Code 20-81-395 (2022)The Solid Waste section of the Virginia Administrative Code indicates that "unit[s] shall be located, designed, constructed, operated, maintained, and closed in a manner that will ensure protection of human health and the environment." It continues to explain that "[p]rotection of human health and the environment includes, but is not limited to . . . Prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents in the ground water or subsurface environment, considering . . . the existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater... surface water... air."
State: Virginia Type: Law Category: Land Use
Solid Waste Facility Permit Application Rules
Citation: N.M. Admin Code R. §§ 20.9.2.7; 20.9.3.8(D)(2)(b)This regulation defines "Environmental Justice" as "... the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies." The regulation also requires a community impact assessment “[i]f the secretary determines that there is significant community opposition to the proposed landfill; transformation facility; or permit modification resulting in a lateral or vertical expansion, excluding on-site scrap tire monofill."
State: New Mexico Type: Regulation Category: Land Use
Solid Waste Management Program
Citation: N.C. Gen. Stat. § 130A-294 (2021)This law requires that permits for a solid waste management facilities must be denied if "[t]he cumulative impact of the proposed facility, when considered in relation to other similar impacts of facilities located or proposed in the community, would have a disproportionate adverse impact on a minority or low-income community protected by Title VI of the federal Civil Rights Act of 1964."
State: North Carolina Type: Law Category: Permitting, Civil Rights
South Carolina Department of Health and Environmental Control (DHEC) Environmental Justice Coordinator
Citation: S.C. Dept of Health and Environmental Control, "Environmental Justice" (last accessed July 29, 2022)At the South Carolina Department of Health and Environmental Control (DHEC), the environmental justice initiative is managed within the Office of Environmental Affairs. Keisha Long is the Environmental Justice Coordinator of the Office of Environmental Affairs.
State: South Carolina Type: Policy Category: EJ Coordinator/Agency, Public Participation
South Dakota Environmental Policy Act – Filing of Impact Statement and Comments Before Taking Action
Citation: S.D. Codified Law § 34A-9-9 (2021)The South Dakota Environmental Policy Act follows the federal NEPA, requiring similar procedural requirements for public involvement, e.g. scoping meetings and public comments input on what should be included in the environmental impact statement (EIS). "The environmental impact statement, ... together with the comments of public and federal agencies and members of the public, shall be filed with the office of the secretary and made available to the public at least thirty days prior to taking agency action on the proposal which is the subject of the environmental impact statement." There are no explicit procedural requirements for environmental justice communities.
State: South Dakota Type: Law Category: Mini-NEPA
State Environmental Quality Review Act (SEQRA)
Citation: 6 N.Y. Comp. Codes R. & Regs. tit 6, § 617 (2019)This law requires the Department to consider " ... environmental factors in its planning, review and decision making ...." Under SEQRA, all agencies must determine whether actions they directly undertake, fund or approve may have a significant effect on the environment, and, if it is determined that the action may have a significant adverse impact, prepare or request an environmental impact statement."
State: New York Type: Law Category: Mini-NEPA
State-Tribal Collaboration Act
Citation: N.M. Stat. Ann. 1978, § 11-18-1 (2009)This Act requires that "every state agency shall develop and implement a policy that: (1) promotes effective communication and collaboration between the state agency and Indian nations, tribes, or pueblos; (2) promotes positive government-to-government relations ... (3) promotes cultural competeny in providing effective services to American Indians or Alaskan Natives; and (4) establishes a method for notifiying employees of the state agency" about the Act's provisions. The Act further goes on to state that it does not create "a right of action against a state agency or a right of review of an action of a state agency."
State: New Mexico Type: Law Category: General/Definitions, Tribal Consultation
Supplemental Environmental Projects Policy
Citation: Mont. Dept. of Environmental Quality, "Supplemental Environmental Projects Policy" (March 2017)This Policy encourages violators of permit conditions to take actions via Supplimental Environmental Projects (SEPs) that will "reduce the risk of further pollution, benefit public health, restore and protect the environment, and/or promote environmental compliance." An SEP is defined as "... an environmentally beneficial project, which is not otherwise legally required, that a violator agrees to undertake in settlement, in lieu of paying a portion of a cash penalty assessed for an environmental violation." The Policy also allows the department to consider "[e]nvironmental justice - SEPs that mitigate damage or reduce risk to minority or low-income populations that have been disproportionately exposed to pollution, or are at environmental risk, perform well in this factor" "in determining the amount of penalty mitigation to be allowed."
State: Montana Type: Policy Category: Enforcement, Funding
TCEQ Language Access Plan
Citation: Tex. Comm. on Environmental Quality, "Language Access Plan" (2021)This Plan expands access to LEP programming around Texas. When more than 5% of the population impacted by a project are LEP (limited English proficiency) individuals with a common language, or when the nearest elementary or middle school to the project is required to provide a bilingual education program, requires timely in-person interpretation at no cost, so that LEP individuals’ opportunity for participation may be substantially equal to that of English speakers’, to the extent reasonably possible.
State: Texas Type: Policy Category: Language Access
Tennessee Department of Environment & Conservation/Title VI & EJ
Citation: Tenn Dept. of Environment & Conservation, "Title VI and Environmental Justice" (last accessed July 29, 2022)The TDEC website states their obligations under Title VI of the Civil Rights Act of 1964 and state law public participation requirements. The TDEC website states that "[t]hese nondiscrimination and public participation requirements mean that one of TDEC’s most important obligations is ensuring equal access to public participation and public engagement opportunities. In some cases, TDEC may deem it appropriate to go above and beyond what is required by law when there is an action that is anticipated to be controversial, face significant community opposition, or impact a community that is environmentally overburdened." TDEC has until recently been staffed with a Title VI Coordinator.
State: Tennessee Type: Policy Category: EJ Coordinator/Agency, Public Participation
Tribal Consultation
Citation: Wash. Rev. Code Ann. § 43.376.020 (2022)The HEAL Act requires that "[c]overed agencies shall develop a consultation framework in coordination with tribal governments that includes best practices, protocols for communication, and collaboration with federally recognized tribes. Consistent with this framework, covered agencies must offer consultation with federally recognized Indian tribes on: (a) The inclusion or updating of an environmental justice implementation plan within the covered agency's strategic plan; (b) The creation and adoption or updating of a community engagement plan; and (c) Significant agency actions that affect federally recognized Indian tribes' rights and interests in their tribal lands. The department of health must also offer consultation with federally recognized Indian tribes on the development of the environmental health disparities map.
State: Washington Type: Law Category: Tribal Consultation
Understanding Environmental Justice in Minnesota Mapping Tool
Citation: Minn. Pollution Control Agency, "Understanding Environmental Justice in Minnesota Mapping Tool" (last accessed July 28, 2022).This mapping tool is intended to make sure "that pollution does not have a disproportionate impact on any group of people" based on "the principle of environmental justice." "The MPCA considers tribal areas and census tracts with higher concentrations of low income residents and people of color as areas of increased concern for environmental justice."
State: Minnesota Type: Policy Category: Mapping Tool
Vermont Environmental Justice Act
Citation: Vt. Stat. Ann. tit. 3, § 6001 - 6007Vermont law establishes EJ as a policy of the state, creates an advisory and interagency task force, directs investments proportionately in environmental justice focus populations, mandates a mapping tool, and also requires the consideration of cumulative impacts. The law defines environmental justice as meaning "all individuals are afforded equitable access to and distribution of environmental benefits; equitable distribution of environmental burdens; and fair and equitable treatment and meaningful participation in decision-making processes, including the development, implementation, and enforcement of environmental laws, regulations, and policies. Environmental justice recognizes the particular needs of individuals of every race, color, income, class, ability status, gender identity, sexual orientation, national origin, ethnicity or ancestry, religious belief, or English language proficiency level. Environmental justice redresses structural and institutional racism, colonialism, and other systems of oppression that result in the marginalization, degradation, disinvestment, and neglect of Black, Indigenous, and Persons of Color. Environmental justice requires providing a proportional amount of resources for community revitalization, ecological restoration, resilience planning, and a just recovery to communities most affected by environmental burdens and natural disasters." Additionally, the law defines "environmental justice focus population" as meaning any census block group in which: (A) the annual median household income is not more than 80 percent of the State median household income; (B) Persons of Color and Indigenous Peoples comprise at least six percent or more of the population; or (C) at least one percent or more of households have limited English proficiency."
State: Vermont Type: Law Category: General/Definitions, Public Participation, Permitting, EJ Advisory
Virginia Environmental Impact Report Procedure (VAEIR)
Citation: Va. Code Ann. § 10.1-1188This law requires all state agencies to "prepare and submit an environmental impact report to the Department on each major state project". It requires the report to include "the environmental impact of the major state project, including the impact on wildlife habitat; Any adverse environmental effects which cannot be avoided if the major state project is undertaken; Measures proposed to minimize the impact of the major state project; Any alternatives to the proposed construction; and Any irreversible environmental changes which would be involved in the major state project." Notably, there is no requirement for cumulative impacts analysis.
State: Virginia Type: Law Category: Mini-NEPA
Virginia Environmental Justice Act
Citation: Va. Code Ann. § 2.2-234 et seq (2022)The Virginia Environmental Justice Act establishes that it is the policy of the Commonwealth to "promote environmental justice and ensure that it is carried out throughout the Commonwealth, with a focus on environmental justice communities and fenceline communities." The Act establishes that it is the policy of the Commonwealth to "promote environmental justice and ensure that it is carried out throughout the Commonwealth, with a focus on environmental justice communities and fenceline communities." This Act defines environmental justice as "...the fair treatment and meaningful involvement of every person, regardless of race, color, national origin, income, faith, or disability, regarding the development, implementation, or enforcement of any environmental law, regulation, or policy." It also defines environmental justice community as meaning "... any low-income community or community of color." A community of color is identified as meaning "... any geographically distinct area where the population of color, expressed as a percentage of the total population of such area, is higher than the population of color in the Commonwealth expressed as a percentage of the total population of the Commonwealth. However, if a community of color is composed primarily of one of the groups listed in the definition of "population of color," the percentage population of such group in the Commonwealth shall be used instead of the percentage population of color in the Commonwealth." Finally, a fenceline community is defined as "... an area that contains all or part of a low-income community or community of color and that presents an increased health risk to its residents due to its proximity to a major source of pollution."
State: Virginia Type: Law Category: General/Definitions
Virginia Environmental Justice Interagency Working Group
Citation: Va. Dept. of Environmental Quality, "2021 Environmental Justice Interagency Working Group: A Guide for 2022" (last accessed July 29, 2022)The Interagency Environmental Justice Working Group was established "... to assess and provide recommendations regarding agency improvements to meaningfully engage environmental justice communities and fenceline communities in decision-making activities." The working group is made up of 10 environmental justice coordinators representing each of the Governor’s secretariats. "The Working Group shall conduct an assessment of the processes and resources required of state agencies to develop agency-specific environmental justice policies."
State: Virginia Type: Law Category: EJ Advisory
Virginia Executive Order on the Establishment of the Virginia Council on Environmental Justice
Citation: Va. Exec. Order 29 (2019)The Virginia Council on Environmental Justice is established as an advisory council, within the meaning of § 2.2-2100, in the executive branch of state government. The purpose of the Council is to "provide recommendations to establish a foundation of environmental justice principles intended to protect vulnerable communities from disproportionate impacts of pollution."
State: Virginia Type: Executive Order Category: EJ Advisory
Virginia Executive Order Supporting the Critical Role of the Virginia Department of Environmental Quality in Protection of Virginia’s Air, Water, and Public Health
Citation: Va. Exec. Order 6 (2018)This Executive Order acknowledges that Virginians "in rural and urban low income and minority communities, do not enjoy clean and air water", orders a "[r]eview DEQ’s permitting, monitoring, and enforcement activities across the air, water, and solid waste programs," and works "... with stakeholders to improve communication with the public and the regulated community and provide more opportunities for proactive education, especially among underserved and lower income populations."
State: Virginia Type: Executive Order Category: Permitting, Enforcement
Virginia Office of Environmental Justice
Citation: Va. Dept. of Environmental Quality, "Environmental Justice" (last accessed July 29, 2022)The Office of Environmental Justice was ..."established to ensure the fair and meaningful involvement of all people into the development, implementation and enforcement of environmental laws, regulations and policies across all DEQ programs." DEQ as a whole "... is committed to incorporating the principles of Environmental Justice into its policies and practices by enhancing public participation in the regulatory, permitting and compliance process."
State: Virginia Type: Policy Category: EJ Coordinator/Agency, Public Participation
Washington Department of Ecology Office of Equity & Environmental Justice
Citation: Wash. Dept of Ecology, "Office of Equity & Environmental Justice" (last accessed July 29, 2022)The Washington Department of Ecology Office of Equity and Environmental Justice leads the agency strategy to reduce pollution and health disparities in communities most at risk. This Office also helps identify governmental barriers for at-risk communities and determines how to remove them.
State: Washington Type: Policy Category: EJ Coordinator/Agency, Public Participation
Washington Department of Health Environmental Health Disparities Map
Citation: Wash. Dept. of Health, "Environmental Health Disparities Map" (last accessed July 29, 2022)This mapping tool compiles environmental public health data for the state. It includes COVID-19 data, lead exposure, diesel pollution, and more.
State: Washington Type: Policy Category: Mapping Tool
Washington Environmental Justice Task Force
Citation: Wash. Governor's Interagency Council on Health Disparities, "Environmental Justice Task Force" (last accessed July 29, 2022)The Environmental Justice Council’s purpose is to advise state agencies on incorporating environmental justice into agency activities. Specific council duties included are to: (1) Provide recommendations to the state on implementing environmental justice requirements such as environmental justice assessments, community engagement plans, and strategic plans. (2) Develop guidance on identifying overburdened communities and the use of the environmental health disparities map. (3) Track progress toward increasing health equity and ensuring environmental justice throughout Washington. (4) Provide recommendations on the development and implementation of climate programs, including programs funded from carbon revenues. (5) Serve as a forum for environmental justice concerns and priorities. (6) Provide recommendations to the governor and legislature on actions that advance environmental justice.
State: Washington Type: Policy Category: EJ Advisory
Washington State Environmental Policy Act (SEPA)
Citation: Wash. Rev. Code Ann. § 43.21C (2022)Directs state and local agencies to incorporate consideration of environmental values in the planning, review, and decision-making process. The Act requires that "any adverse environmental effects which cannot be avoided should the proposal be implemented" must be reported upon.
State: Washington Type: Law Category: Mini-NEPA
Wisconsin Environmental Equity Tool
Citation: Wis. Environmental Equity ToolThe purpose of the Wisconsin Environmental Equity Tool is to provide a state-specific environmental equity screening and mapping tool using more detailed local and state data.
State: Wisconsin Type: Policy Category: Mapping Tool
Wisconsin Environmental Policy Act
Citation: Wis. Stat. § 1.11 (2022)This law mandates agencies proposing actions or projects to demonstrate "the environmental impact of the proposed action, any adverse environmental effects which cannot be avoided should the proposal be implemented, Alternatives to the proposed action, The relationship between local short-term uses of the human environment and the maintenance and enhancement of long-term productivity, Any irreversible and irretrievable commitments of resources that would be involved in the proposed action should it be implemented." Additionally, they must detail "the beneficial aspects of the proposed project, both short term and long term, and the economic advantages and disadvantages of the proposal."
State: Wisconsin Type: Law Category: Mini-NEPA
Wisconsin Executive Order Relating to the Office of Environmental Justice
Citation: Wis. Executive Order #161This EO orders the Department of Administration to establish the Office ofEnvironmental Justice.
State: Wisconsin Type: Policy Category: General/Definitions
Wyoming Department of Environmental Quality Department Policy: Non-Discrimination and Environmental Justice Guidance
Citation: Wyo. Dept. of Environmental Quality, "Nondiscrimination and Environmental Justice Guidance" (March 24, 2020) (last accessed July 29, 2022)This guide provides an overview of the steps that WDEQ has taken complementary to Title VI. Such steps include designating a non-discrimination coordinator, providing language access tools for Spanish language such as a translated website, and placing non-discrimination posters around the office. The Guide defines Environmental Justice as "a subset of non-discrimination. It is defined as the fair treatment and meaningful invoIvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies."
State: Wyoming Type: Policy Category: EJ Coordinator/Agency, Language Access
