Environmental Racism / Environmental Justice (part 2)

Article by Andi Bonato

In response to the historic and current environmental racism occurring in Colorado, the Colorado Legislature passed the Environmental Justice Act (“the Act”) on July 2, 2021. (1) The Act states that “all people have the right to breath clean air, drink clean water, participate freely in decisions that affect their environments, live free of dangerous levels of toxic pollution, experience equal protection provided by environmental policies, and share the benefits of a prosperous and vibrant pollution-free economy”. (2) It also acknowledges that certain communities have been forced to bear a disproportionate burden of adverse human health or environmental effects, and that communities of color have faced centuries of environmental racism. (3) The Act makes Environmental Justice a priority for the Colorado government, and commits to strengthening Environmental Justice by prioritizing reducing environmental health disparities in disproportionately impacted communities. (4) The Act defines disproportionately impacted communities as Census Block Groups with (1) more than 40% low-income households, (2) more than 40% people of color households, or (3) more than 40% housing cost-burdened households. (5) Disproportionately impacted communities are also defined as “communities with a history of environmental racism perpetuated through exclusionary laws, including redlining, anti-Hispanic, anti-Black, anti-Indigenous, and anti-immigrant laws,” and “communities where multiple factors cumulatively contribute to persistent public health and environmental disparities.” (6)

How will the Environmental Justice Act reduce environmental health disparities in disproportionately impacted communities? The Act requires the Air Quality Control Commission to engage with disproportionately impacted communities by hosting public meetings, using different channels for outreach, offering different ways for communities to share input, and creating plain-language information materials in multiple languages. (7)

The Act also creates the Environmental Justice Task Force, the Environmental Justice Advisory Board, and an Environmental Justice Ombudsperson. (8) By November 14, 2022, the Environmental Justice Task Force (“the Task Force”) is required to develop a state agency-wide Environmental Justice plan and implementation strategy explaining the practical means of addressing Environmental Justice. (9) All of the Task Force’s meetings are public. (10) The Task Force is composed of twenty-seven members, including representatives from the Southern Ute Indian Tribal Council, the Ute Mountain Ute Tribal Council, along with representatives of Environmental Justice, disproportionately impacted worker interests, people of color, renewable energy, nonrenewable energy, local governments, and public health organizations. (11) Members also include representatives from the Colorado Department of Public Health & Environment, the Colorado Department of Transportation, the Colorado Energy Office, the Department of Agriculture, the Department of Natural Resources, the Governor’s Office, and the Public Utilities Commission. (12) The Task Force is required to incorporate equity analyses into state agency environmental decisions, identify the cumulative impacts of state actions in disproportionately impacted communities, set measurable goals to reduce environmental health disparities, address data gaps, and recommend the best practices for community engagement in disproportionately impacted communities. (13)

The Act also creates the Environmental Justice Advisory Board and an Environmental Justice Ombudsperson. (14) The Environmental Justice Ombudsperson serves as an advocate and liaison for disproportionately impacted communities, and establishes a process to address disproportionately impacted communities’ complaints. (15) The Environmental Justice Advisory Board (“the Advisory Board”) advises the Environmental Justice Ombudsperson, facilitates Ombudsperson public meetings, and creates a complaint process for disproportionately impacted communities. (16) The Advisory Board also responds to the Governor and the Colorado Department of Public Health & Environment’s (“CDPHE”) policy questions about Environmental Justice, advises CDPHE on engaging with disproportionately impacted communities, and implements grant programs for projects to avoid, minimize or mitigate adverse environmental impacts in disproportionately impacted communities. (17) The Advisory Board includes twelve members, who reside in different areas of Colorado, reflect Colorado’s racial and ethnic diversity, and have experience with a range of environmental issues. (18) Its members include current or former residents of disproportionately impacted communities, representatives of organizations that advance racial justice, Environmental Justice, and represent worker interests in disproportionately impacted communities. (19)

Overall, the Act is a step in the right direction—it gives those who are experiencing environmental racism a voice in statewide decisions and attempts to address Environmental Justice in state agency decisions. Because this law is relatively new, it will take time to see if it has the impacts intended and if the impacts are enough to truly help those experiencing environmental racism.

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1 “Environmental Justice,” https://cdphe.colorado.gov/environmental-justice.

2 Environmental Justice Act, Section 2(a)(I), https://leg.colorado.gov/sites/default/files/2021a_1266_signed.pdf.

3 Environmental Justice Act, Sections 2(a)(II)-(III),

https://leg.colorado.gov/sites/default/files/2021a_1266_signed.pdf.

4 “Environmental Justice,” https://cdphe.colorado.gov/environmental-justice; “Colorado’s Environmental Justice Act,” https://drive.google.com/file/d/1BivZZ0M4mAGTobV5TZyA0CjMUlkcCYms/view.

5 “Environmental Justice,” https://cdphe.colorado.gov/environmental-justice; “Colorado’s Environmental Justice Act,” https://drive.google.com/file/d/1BivZZ0M4mAGTobV5TZyA0CjMUlkcCYms/view.

6 “Environmental Justice,” https://cdphe.colorado.gov/environmental-justice; “Colorado’s Environmental Justice Act,” https://drive.google.com/file/d/1BivZZ0M4mAGTobV5TZyA0CjMUlkcCYms/view.

7 “Colorado’s Environmental Justice Act,”

https://drive.google.com/file/d/1BivZZ0M4mAGTobV5TZyA0CjMUlkcCYms/view.

8 “Environmental Justice,” https://cdphe.colorado.gov/environmental-justice; “Colorado’s Environmental Justice Act,” https://drive.google.com/file/d/1BivZZ0M4mAGTobV5TZyA0CjMUlkcCYms/view.

9 “Environmental Justice,” https://cdphe.colorado.gov/environmental-justice; “Colorado’s Environmental Justice Act,” https://drive.google.com/file/d/1BivZZ0M4mAGTobV5TZyA0CjMUlkcCYms/view.

10 “Environmental Justice,” https://cdphe.colorado.gov/environmental-justice.

11 “Colorado’s Environmental Justice Act,” https://drive.google.com/file/d/1BivZZ0M4mAGTobV5TZyA0CjMUlkcCYms/view.

12 Id.

13 Id.

14 Id.

15 Id.

16 Id.

17 Id.

18 Id.

19 Id.