State
Legislation
Establishing an Environmental Equity and Justice Center
The concept of this type of legislation is to establish
a place where citizens can convene to discuss and garner
support for environmental justice issues, provide outreach
to marginalized individuals, and network with other communities
suffering similar toxic burdens.
- Florida
H 945 creates the Center for Environmental Equity
and Justice to conduct and facilitate research, develop
policies, and engage in education, training, and community
outreach with respect to environmental equity and justice
issues. The bill also creates the Community Environmental
Health Program to ensure the availability of public health
services to members of low-income communities that may
be adversely affected by contaminated sites located in
or near the community.
Status: Approved by governor 5/29/98
Establishing a Working Group and/or Advisory Council
This kind of legislation specifically recognizes environmental
injustice as a problem. The intent is to call attention
to race and income disparities in order to have the state
revise current programs and policies and avoid further unintentional
bias or disregard of low-income populations and/or people
of color. A working group or advisory council also provides
regular feedback and recommendations to the state as programs
and legislation are implemented to assure quality of life
for all.
- California
SB 89 requires the secretary of the California Environmental
Protection Agency to convene a working group to identify
and address any program gaps that impede the achievement
of environmental justice. State law defines environmental
justice in California as the “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.”
Status: Chaptered by Secretary of State 9/27/00
- Maryland
HB 1350 establishes an Advisory Council on Environmental
Justice; establishes the membership, duties, purposes,
and staffing of the advisory council; requires the advisory
council to issue a report on environmental justice; and,
requires the advisory council to study specified policies,
make recommendations, and report to the governor and the
General Assembly.
Status: Signed by governor 5/22/97
Addressing Environmental Justice in the Permitting/Siting
Process
The intention of this type of legislation is to address
a national phenomenon: the lack of public participation
in the permit approval process. Legislation of this nature
directs attention to otherwise overlooked or marginalized
citizens who may be adversely affected by facility siting
near their homes or work by giving them access to information
and a forum in which to voice their concerns as well as
public notification and hearing processes outlines to afford
the most democratic involvement.
- California
SB 1542 requires the California Integrated Waste Management
Board to provide local jurisdictions and businesses with
information to assist with consideration of environmental
justice concerns regarding siting elements for solid waste
disposal facilities.
Status: Chaptered by Secretary of State 9/27/02
- Texas
HB 801 modifies the current permitting process for
certain environmental permit programs administered by
the Texas Natural Resource Conservation Commission for
which public notice and opportunity for hearing are currently
required. The bill requires early public notice, encourages
early public involvement, and requires substantive public
comment and agency response. The bill establishes criteria
that would limit the scope of hearings by requiring referral
of discrete issues that are in dispute and material to
the decision of the commission. In addition, the bill
requires the commission to establish hearing deadlines
to prevent unnecessary delays in the permitting process.
Status: Signed by governor 6/19/99
- Hawaii
HB 470 / SB 841 requires the disclosure and proposed
mitigation of environmental justice impacts in environmental
impact statements.
Status: Carried over to 2004 Regular Session 8/21/03
Identifying and Tracking Health Effects
This type of legislation attempts to identify adverse toxic
effects on low-income populations and communities of color.
It develops strategies to eliminate practices, which have
a disproportionate impact on such groups. It provides methods
for tracking children’s blood levels, establishes
maintenance standards for painted surfaces, and establishes
standards for the distribution of information, rules, and
regulations.
- California
SB 1168 requires the Division of Environmental and
Occupational Disease Control to establish the Healthy
Californians Biomonitoring Program, which will utilize
biospecimens to identify toxic chemicals that are present
in the bodies of Californians.
Status: In Assembly Committee on Health; Reconsideration
granted 6/22/04
- New
York A 17 establishes a certification program to reduce
the health risks of residential lead-based paint hazards.
Status: Referred to Assembly Committee on Health 1/8/03
- Also see Florida’s
law that creates an Environmental Equity and Justice
Center and a health tracking system
Declaring “High Impact Areas”
This kind of legislation requires the state to gather and
publish information on toxics being released, compiling
a list of the areas that have the highest total releases
and designating them as environmental high-impact areas.
This legislation could call for a public report identifying
the nature and extent, if any, of acute and chronic impacts
on human health in environmental high-impact areas from
exposure to toxic chemicals. Sometimes this type of legislation
has provisions for the development of a plan to provide
better protection for citizens in identified communities.
- Pennsylvania
HB 2734 establishes a program to ensure nondiscriminatory
compliance with environmental, health, and safety laws
and provides for equal protection of the public health.
Status: Introduced; Referred to Environmental Resources
and Energy 6/15/98
- Maryland
HJ 6 urges the Department of the Environment, in consultation
with former members of the Advisory Council on Environmental
Justice, to develop and implement a plan to provide equal
protection from environmental and public health hazards
for residents of zip code 21226; and, urges the Department
of the Environment to delineate specific areas of concern
within zip code 21226 where additional or expanded industrial
activity should not take place due to environmental justice
concerns.
Status: Unfavorable report by Environmental Matters Committee
3/6/00
- California
SB 32 enacts the California Land Environmental Restoration
and Reuse Act and provides for cleanup of hazardous substance
and material on redevelopment property.
Status: Chaptered by Secretary of State 10/12/01
Addressing Affected Communities Impacted by Air Pollution
The concept behind this type of legislation is to reduce
air pollution in communities that are disproportionately
impacted by localized air contaminants, benefiting low-income
communities and communities of color.
- California
AB 1390 reduces diesel air pollution in specific communities
Status: Chaptered by Secretary of State 10/12/01
Providing Grants to Environmental Justice Nonprofit Groups
The intent for this type of legislation is to provide the
necessary funds to nonprofit community groups who support
and advocate for low-income areas and/or communities of
color. It allows groups to focus on issues rather than becoming
crippled and ineffective because of insufficient resources
and staff.
- California
AB 2312 establishes the Environmental Justice Small
Grant Program under the jurisdiction of the California
Environmental Protection Agency; requires the agency to
award grants on a competitive basis to nonprofit entities
and federally recognized tribal governments for certain
listed purposes; requires the agency to adopt regulations
to implement the grant program; and, requires the agency
to review, evaluate, and select grant recipients and screen
grant applications to ensure that they meet the requirements
of the bill.
Status: Chaptered by Secretary of State 9/27/02
Requiring Studies on Environmental Indicators That May
Affect Environmental Justice Plans
- California
AB 1360 requires assigned departments to conduct a
study on environmental indicators that may affect environmental
justice plans.
Status: Chaptered by Secretary of State 10/3/03
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