H.B. 689
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 18, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH30261-MHa-96
Short Title: Environmental Justice in North Carolina. (Public)
Sponsors: Representative Crawford.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT RELATING TO ENVIRONMENTAL JUSTICE IN NORTH CAROLINA.
3 The General Assembly of North Carolina enacts:
4 SECTION 1. The General Assembly finds all of the following:
5 (1) According to American Journal of Public Health studies published in 2014
6 and 2018 and affirmed by decades of research, Black, Indigenous, and Persons
7 of Color (BIPOC) and individuals with low income are disproportionately
8 exposed to environmental hazards and unsafe housing, facing higher levels of
9 air and water pollution, mold, lead, and pests.
10 (2) The cumulative impacts of environmental harms disproportionately and
11 adversely impact the health of BIPOC and communities with low income,
12 with climate change functioning as a threat multiplier. These disproportionate
13 adverse impacts are exacerbated by lack of access to affordable energy,
14 healthy food, green spaces, and other environmental benefits.
15 (3) Since 1994, Executive Order 12898 has required federal agencies to make
16 achieving environmental justice part of their mission by identifying and
17 addressing disproportionately high and adverse human health or
18 environmental effects of its programs, policies, and activities on minority
19 populations and populations with low incomes in the United States.
20 (4) State agencies receiving federal funds are subject to the antidiscrimination
21 requirements of Title VI of the Civil Rights Act of 1964.
22 (5) In response to the documented inadequacy of state and federal environmental
23 and land use laws to protect vulnerable communities, increasing numbers of
24 states have adopted formal environmental justice laws and policies.
25 (6) The 1991 Principles of Environmental Justice adopted by The First National
26 People of Color Environmental Leadership Summit demand the right of all
27 individuals to participate as equal partners at every level of decision making,
28 including needs assessment, planning, implementation, enforcement, and
29 evaluation.
30 (7) Section 33 of Article I of the North Carolina Constitution establishes the
31 government as a vehicle for the common benefit, protection, and security of
32 the State's citizens and not for the particular emolument or advantage of any
33 single set of persons who are only a part of that community. This principle,
34 coupled with Section 1 of Article I of the North Carolina Constitution's
35 guarantee of equal rights to enjoying life, liberty, and enjoyment of the fruits
36 of their own labor, and the assurance of timely and equitable justice for all set
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1 forth in Article I. Sections 18 and 19 of the North Carolina Constitution
2 encourage political officials to identify how particular communities may be
3 unequally burdened or receive unequal protection under the law due to race,
4 income, or geographic location.
5 (8) Lack of a clear environmental justice policy has resulted in a piecemeal
6 approach to understanding and addressing environmental justice in North
7 Carolina and creates a barrier to establishing clear definitions, metrics, and
8 strategies to ensure meaningful engagement and more equitable distribution
9 of environmental benefits and burdens.
10 (9) It is the State's responsibility to pursue environmental justice for its residents
11 and to ensure that its agencies do not contribute to unfair distribution of
12 environmental benefits to or environmental burdens on low-income,
13 limited-English proficient, and BIPOC communities.
14 SECTION 2. Chapter 143 of the General Statutes is amended by adding a new
15 Article to read:
16 "Article 21D.
17 "Environmental Justice.
18 "§ 143-215.130. Purpose.
19 The purpose of this Article is to identify, reduce, and eliminate environmental health
20 disparities to improve the health and well-being of all State residents.
21 "§ 143-215.131. Definitions.
22 The following definitions apply in this Article:
23 (1) Environmental benefits. – The assets and services that enhance the capability
24 of communities and individuals to function and flourish in society. Examples
25 of environmental benefits include access to a healthy environment and clean
26 natural resources, including air, water, land, green spaces, constructed
27 playgrounds, and other outdoor recreational facilities and venues; affordable
28 clean renewable energy sources; public transportation; fulfilling and dignified
29 green jobs; healthy homes and buildings; health care; nutritious food;
30 indigenous food and cultural resources; environmental enforcement; and
31 training and funding disbursed or administered by governmental agencies.
32 (2) Environmental burdens. – Any significant impact to clean air, water, and land,
33 including any destruction, damage, or impairment of natural resources
34 resulting from intentional or reasonably foreseeable causes. Examples of
35 environmental burdens include climate change impacts; air and water
36 pollution; improper sewage disposal; improper handling of solid wastes and
37 other noxious substances; excessive noise; activities that limit access to green
38 spaces, nutritious food, indigenous food or cultural resources, or constructed
39 outdoor playgrounds and other recreational facilities and venues; inadequate
40 remediation of pollution; reduction of groundwater levels; increased flooding
41 or stormwater flows; home and building health hazards, including lead paint,
42 lead plumbing, asbestos, and mold; and damage to inland waterways and
43 waterbodies, wetlands, forests, green spaces, or constructed playgrounds or
44 other outdoor recreational facilities and venues from private, industrial,
45 commercial, and government operations or other activities that contaminate
46 or alter the quality of the environment and pose a risk to public health.
47 (3) Environmental justice. – A system of environmental decision making defined
48 by all of the following characteristics:
49 a. All individuals are afforded equitable access to and distribution of
50 environmental benefits; equitable distribution of environmental
51 burdens; and fair and equitable treatment and meaningful participation
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1 in decision-making processes, including the development,
2 implementation, and enforcement of environmental laws, regulations,
3 and policies.
4 b. The particular needs of individuals of every race, color, income, class,
5 ability status, gender identity, sexual orientation, national origin,
6 ethnicity or ancestry, religious belief, or English language proficiency
7 level are recognized.
8 c. Structural and institutional racism, colonialism, and other systems of
9 oppression that result in the marginalization, degradation,
10 disinvestment, and neglect of Black, Indigenous, and Persons of Color
11 are redressed.
12 d. A proportional amount of resources for community revitalization,
13 ecological restoration, resilience planning, and a just recovery is
14 provided to communities most affected by environmental burdens and
15 natural disasters.
16 (4) Environmental justice focus population. – Any census block group in which:
17 a. The annual median household income is not more than eighty percent
18 (80%) of the State median household income;
19 b. Persons of Color and Indigenous Peoples comprise at least six percent
20 (6%) or more of the population; or
21 c. At least one percent (1%) or more of households have limited English
22 proficiency.
23 (5) Limited English proficiency. – A household does not have a member 14 years
24 or older who speaks English "very well" as defined by the U.S. Census
25 Bureau.
26 (6) Meaningful participation. – All individuals have the opportunity to participate
27 in energy, climate change, and environmental decision making. Examples
28 include needs assessments, planning, implementation, permitting, compliance
29 and enforcement, and evaluation. Meaningful participation also integrates
30 diverse knowledge systems, histories, traditions, languages, and cultures of
31 Indigenous communities in decision-making processes. It requires that
32 communities are enabled and administratively assisted to participate fully
33 through education and training. Meaningful participation requires the State to
34 operate in a transparent manner with regard to opportunities for community
35 input and also encourages the development of environmental, energy, and
36 climate change stewardship.
37 (7) Program. – The Environmental Justice Program of the Department of
38 Environmental Quality.
39 "§ 143-215.132. Environmental justice State policy.
40 It is the policy of the State that no segment of the population of the State should, because of
41 its racial, cultural, or economic makeup, bear a disproportionate share of environmental burdens
42 or be denied an equitable share of environmental benefits. It is further the policy of the State to
43 provide the opportunity for the meaningful participation of all individuals, with particular
44 attention to environmental justice focus populations, in the development, implementation, or
45 enforcement of any law, regulation, or policy.
46 "§ 143-215.133. Implementation of State policy.
47 (a) As used in this Article, "covered agencies" means the following State agencies: the
48 Departments of Environmental Quality, Health and Human Services, Transportation, Commerce,
49 Public Safety, Agriculture and Consumer Services, and Public Instruction and the Utilities
50 Commission.
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1 (b) The covered agencies shall consider cumulative environmental burdens and access to
2 environmental benefits when making decisions about the environment, energy, climate, and
3 public health projects; facilities and infrastructure; and associated funding.
4 (c) Each of the covered agencies shall create and adopt on or before July 1, 2025, a
5 community engagement plan that describes how the agency will engage with environmental
6 justice focus populations as it evaluates new and existing activities and programs. Each plan shall
7 describe how the agency plans to provide meaningful participation in compliance with Title VI
8 of the Civil Rights Act of 1964.
9 (d) The covered agencies shall submit an annual summary beginning on January 15,
10 2024, and annually thereafter, to the Environmental Justice Advisory Council, detailing all
11 complaints alleging environmental justice issues or Title VI violations and any agency action
12 taken to resolve the complaints. The Advisory Council shall provide any recommendations
13 concerning those reports within 60 days after receipt of the complaint summaries. Agencies shall
14 consider the recommendations of the Advisory Council pursuant to sub-subdivision (c)(1)e. of
15 G.S. 143-215.135 and substantively respond in writing if an agency chooses not to implement
16 any of the recommendations within 90 days after receipt of the recommendations.
17 (e) The Program, in consultation with the Environmental Justice Advisory Council and
18 the Interagency Environmental Justice Committee, shall review the definitions contained in
19 G.S. 143-215.131 at least every five years and recommend revisions to the General Assembly to
20 ensure the definition achieves the environmental justice State policy.
21 (f) The Program, in consultation with the Interagency Environmental Justice Committee
22 and the Environmental Justice Advisory Council, shall issue guidance on how the covered
23 agencies shall determine which investments provide environmental benefits to environmental
24 justice focus populations on or before September 15, 2023. A draft version of the guidance shall
25 be released for a 40-day public comment period before being finalized.
26 (g) Covered Agency Baseline Spending Reports. –
27 (1) On or before February 15, 2024, the covered agencies shall, in accordance
28 with the guidance document developed by the Program pursuant to subsection
29 (f) of this section, review the past three years and generate baseline spending
30 reports that include:
31 a. Where investments were made, if any, and which geographic areas, at
32 the municipal level and census block group, where practicable,
33 received environmental benefits from those investments; and
34 b. A description and quantification of the environmental benefits as an
35 outcome of the investment.
36 (2) The covered agencies shall publicly post the baseline spending reports on their
37 respective websites.
38 (h) On or before July 1, 2024, it shall be the goal of the covered agencies to direct
39 investments proportionately in environmental justice focus populations.
40 (1) Beginning on January 15, 2026, and annually thereafter, the covered agencies
41 shall either integrate the following information into existing annual spending
42 reports or issue annual spending reports that include:
43 a. Where investments were made and which geographic areas, at the
44 municipal level and census block group, where practicable, received
45 environmental benefits from those investments; and
46 b. The percentage of overall environmental benefits from those
47 investments provided to environmental justice focus populations.
48 (2) The covered agencies shall publicly post the annual spending reports on their
49 respective websites.
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1 (i) Beginning on January 15, 2025, the covered agencies shall each issue and publicly
2 post an annual report summarizing all actions taken to incorporate environmental justice into its
3 policies or determinations, rulemaking, permit proceedings, or project review.
4 "§ 143-215.134. Rulemaking.
5 (a) On or before July 1, 2025, the Department of Environmental Quality, in consultation
6 with the Environmental Justice Advisory Council and the Interagency Environmental Justice
7 Committee, shall adopt rules to:
8 (1) Define cumulative environmental burdens;
9 (2) Implement consideration of cumulative environmental burdens within