North Carolina 2025-2026 Regular Session

North Carolina House Bill H684 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 684
	3	+	H D
	4	+	HOUSE BILL DRH30313-MHa-29
	5	+
5	6
6	7
7	8		Short Title: Environmental Justice in North Carolina. (Public)
8		-	Sponsors: Representatives Crawford, Harrison, Alston, and T. Brown (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Rules, Calendar, and Operations of the House
11		-	April 3, 2025
12		-	H684 -v-1
	9	+	Sponsors: Representative Crawford.
	10	+	Referred to:
	11	+
	12	+	DRH30313 -MHa-29
13	13		A BILL TO BE ENTITLED 1
14	14		AN ACT RELATING TO ENVIRONMENTAL JUSTICE IN NORTH CAROLINA. 2
15	15		The General Assembly of North Carolina enacts: 3
16	16		SECTION 1. The General Assembly finds all of the following: 4
17	17		(1) According to American Journal of Public Health studies published in 2014 5
18	18		and 2018 and affirmed by decades of research, Black, Indigenous, and Persons 6
19	19		of Color (BIPOC) and individuals with low income are disproportionately 7
20	20		exposed to environmental hazards and unsafe housing, facing higher levels of 8
21	21		air and water pollution, mold, lead, and pests. 9
22	22		(2) The cumulative impacts of environmental harms disproportionately and 10
23	23		adversely impact the health of BIPOC and communities with low income, 11
24	24		with climate change functioning as a threat multiplier. These disproportionate 12
25	25		adverse impacts are exacerbated by lack of access to affordable energy, 13
26	26		healthy food, green spaces, and other environmental benefits. 14
27	27		(3) Since 1994, Executive Order 12898 has required federal agencies to make 15
28	28		achieving environmental justice part of their mission by identifying and 16
29	29		addressing disproportionately high and adverse human health or 17
30	30		environmental effects of its programs, policies, and activities on minority 18
31	31		populations and populations with low incomes in the United States. 19
32	32		(4) In 2018, the Secretary of the North Carolina Department of Environmental 20
33	33		Quality established the Secretary's Environmental Justice and Advisory 21
34	34		Board. 22
35	35		(5) Executive Order 14008 issued in 2021 created the White House 23
36	36		Environmental Justice Interagency Council within the Executive Office of the 24
37	37		President and the White House Environmental Justice Advisory Council 25
38	38		within the Environmental Protection Agency. 26
39	39		(6) Following Executive Order 14008, the U.S. Department of the Interior enacted 27
40	40		Secretary Order 3399 to establish the Climate Task Force to address current 28
41	41		and historic environmental injustice. This order also made it the Department's 29
42	42		mission to consider environmental justice when conducting National 30
43	43		Environmental Protection Act analyses. 31
44	44		(7) Executive Order 14096 issued in 2023 established a goal that forty percent 32
45	45		(40%) of the overall benefits of certain federal climate, clean energy, 33
46		-	affordable and sustainable housing, and other investments flow to 34 General Assembly Of North Carolina Session 2025
47		-	Page 2 House Bill 684-First Edition
48		-	disadvantaged communities that are marginalized by underinvestment and 1
49		-	overburdened by pollution. 2
50		-	(8) Governor Cooper issued Executive Order 246 in 2022 and Executive Order 3
51		-	292 in 2023 directing various actions to advance environmental justice in 4
52		-	North Carolina, including requirements that agencies consider environmental 5
53		-	justice when taking actions related to climate change, resilience, and clean 6
54		-	energy, and identify an environmental justice lead to serve as the point person 7
55		-	for agency environmental justice efforts. 8
56		-	(9) State agencies receiving federal funds are also subject to the 9
57		-	antidiscrimination requirements of Title VI of the Civil Rights Act of 1964. 10
58		-	(10) In response to the documented inadequacy of state and federal environmental 11
59		-	and land use laws to protect vulnerable communities, increasing numbers of 12
60		-	states have adopted formal environmental justice laws and policies. 13
61		-	(11) The 1991 Principles of Environmental Justice adopted by The First National 14
62		-	People of Color Environmental Leadership Summit demand the right of all 15
63		-	individuals to participate as equal partners at every level of decision making, 16
64		-	including needs assessment, planning, implementation, enforcement, and 17
65		-	evaluation. 18
66		-	(12) Section 33 of Article I of the North Carolina Constitution establishes the 19
67		-	government as a vehicle for the common benefit, protection, and security of 20
68		-	the State's citizens and not for the particular emolument or advantage of any 21
69		-	single set of persons who are only a part of that community. This principle, 22
70		-	coupled with Section 1 of Article I of the North Carolina Constitution's 23
71		-	guarantee of equal rights to enjoying life, liberty, and enjoyment of the fruits 24
72		-	of their own labor, and the assurance of timely and equitable justice for all set 25
73		-	forth in Article I. Sections 18 and 19 of the North Carolina Constitution 26
74		-	encourage political officials to identify how particular communities may be 27
75		-	unequally burdened or receive unequal protection under the law due to race, 28
76		-	income, or geographic location. 29
77		-	(13) Lack of a clear environmental justice policy has resulted in a piecemeal 30
78		-	approach to understanding and addressing environmental justice in North 31
79		-	Carolina and creates a barrier to establishing clear definitions, metrics, and 32
80		-	strategies to ensure meaningful engagement and more equitable distribution 33
81		-	of environmental benefits and burdens. 34
82		-	(14) It is the State's responsibility to pursue environmental justice for its residents 35
83		-	and to ensure that its agencies do not contribute to unfair distribution of 36
84		-	environmental benefits to or environmental burdens on low-income, 37
85		-	limited-English proficient, and BIPOC communities. 38
86		-	SECTION 2. Chapter 143 of the General Statutes is amended by adding a new 39
87		-	Article to read: 40
88		-	"Article 21D. 41
89		-	"Environmental Justice. 42
90		-	"§ 143-215.130. Purpose. 43
91		-	The purpose of this Article is to identify, reduce, and eliminate environmental health 44
92		-	disparities to improve the health and well-being of all State residents. 45
93		-	"§ 143-215.131. Definitions. 46
94		-	The following definitions apply in this Article: 47
95		-	(1) Communities of color. – Communities in which the share of nonwhites and 48
96		-	Hispanic or Latino (of any race) residents is forty percent (40%) or higher or 49
97		-	at least ten percent (10%) higher than the residing county or State share. 50 General Assembly Of North Carolina Session 2025
98		-	House Bill 684-First Edition Page 3
99		-	(2) Community. – A group of individuals living in geographic proximity to one 1
100		-	another as a census block group or at the municipal level. 2
101		-	(3) Disproportionate impact. – Disproportionately higher adverse health or 3
102		-	environmental effects on communities of color, low-income communities, 4
103		-	limited English language proficiency communities, or indigenous 5
104		-	communities at levels that are statistically significant. 6
105		-	(4) Environmental benefits. – The assets and services that enhance the capability 7
106		-	of communities and individuals to function and flourish in society. Examples 8
107		-	of environmental benefits include access to a healthy environment and clean 9
108		-	natural resources, including air, water, land, green spaces, constructed 10
109		-	playgrounds, and other outdoor recreational facilities and venues; affordable 11
110		-	clean renewable energy sources; public transportation; fulfilling and dignified 12
111		-	green jobs; healthy homes and buildings; health care; nutritious food; 13
112		-	indigenous food and cultural resources; environmental enforcement; and 14
113		-	training and funding disbursed or administered by governmental agencies. 15
114		-	(5) Environmental burdens. – Any significant impact to clean air, water, and land, 16
115		-	including any destruction, damage, or impairment of natural resources 17
116		-	resulting from intentional or reasonably foreseeable causes. Examples of 18
117		-	environmental burdens include climate change impacts; air and water 19
118		-	pollution; improper sewage disposal; improper handling of solid wastes and 20
119		-	other noxious substances; excessive noise; activities that limit access to green 21
120		-	spaces, nutritious food, indigenous food or cultural resources, or constructed 22
121		-	outdoor playgrounds and other recreational facilities and venues; inadequate 23
122		-	remediation of pollution; reduction of groundwater levels; increased flooding 24
123		-	or stormwater flows; home and building health hazards, including lead paint, 25
124		-	lead plumbing, asbestos, and mold; and damage to inland waterways and 26
125		-	waterbodies, wetlands, forests, green spaces, or constructed playgrounds or 27
126		-	other outdoor recreational facilities and venues from private, industrial, 28
127		-	commercial, and government operations or other activities that contaminate 29
128		-	or alter the quality of the environment and pose a risk to public health. 30
129		-	(6) Environmental justice. – The just treatment and meaningful involvement of 31
130		-	all people, regardless of income, race, color, national origin, tribal affiliation, 32
131		-	or English language proficiency, in State action that affect human health, 33
132		-	well-being, quality of life, and the environment so that people: 34
133		-	a. Are protected from disproportionate and adverse human health effects 35
134		-	and environmental hazards, including: those related to climate change, 36
135		-	the cumulative impacts of environmental and other burdens, and the 37
136		-	legacy of racism or other structural barriers. 38
137		-	b. Have equitable access to environmental benefits in which to live, play, 39
138		-	work, learn, grow, worship, and engage in cultural and subsistence 40
139		-	practices. 41
140		-	c. Have meaningful participation in decision-making processes, 42
141		-	including the development, implementation, and enforcement of 43
142		-	environmental laws, regulations, and policies. 44
143		-	(7) Environmental justice communities. – Communities of color, low-income 45
144		-	communities, indigenous communities, and limited English language 46
145		-	proficiency communities that experience, or are at risk of, environmental 47
146		-	burdens or lack access to environmental benefits. 48
147		-	(8) Indigenous communities. – Communities where "American Indian Tribes" as 49
148		-	defined by 01 NCAC 15. 0292, reside or where the share of American and 50 General Assembly Of North Carolina Session 2025
149		-	Page 4 House Bill 684-First Edition
150		-	Alaskan Native populations are five percent (5%) higher than the residing 1
151		-	county or State share. 2
152		-	(9) Limited English language proficiency communities. – Communities where at 3
153		-	least one percent (1%) or more of households do not have a member 14 years 4
154		-	or older who speaks English "very well" as defined by the U.S. Census 5
155		-	Bureau. 6
156		-	(10) Low-income communities. – Communities in which the share of population 7
157		-	experiencing poverty is more than twenty percent (20%) or the share of 8
158		-	households in poverty is at least five percent (5%) higher than the residing 9
159		-	county or State share. 10
160		-	(11) Meaningful participation. – The opportunity for all individuals to participate 11
161		-	in energy, climate change, and environmental decision making. Examples 12
162		-	include needs assessments, planning, implementation, permitting, compliance 13
163		-	and enforcement, and evaluation. Meaningful participation also integrates 14
164		-	diverse knowledge systems, histories, traditions, languages, and cultures of 15
165		-	Indigenous communities in decision-making processes and requires that 16
166		-	communities are enabled and administratively assisted to participate fully 17
167		-	through education and training. Finally, meaningful participation requires the 18
168		-	State to operate in a transparent manner with regard to opportunities for 19
169		-	community input and also encourages the development of environmental, 20
170		-	energy, and climate change stewardship. 21
171		-	(12) Program. – The Environmental Justice Program of the Department of 22
172		-	Environmental Quality. 23
173		-	(13) Rules Review Commission. – As defined in G.S. 143B-30.1. 24
174		-	"§ 143-215.132. Environmental justice State policy. 25
175		-	It is the policy of the State that no segment of the population of the State should, because of 26
176		-	its racial, cultural, or economic makeup, bear a disproportionate share of environmental burdens 27
177		-	or be denied an equitable share of environmental benefits. It is further the policy of the State to 28
178		-	provide the opportunity for the meaningful participation of all individuals, with particular 29
179		-	attention to environmental justice communities, in the development, implementation, or 30
180		-	enforcement of any law, regulation, or policy. 31
181		-	"§ 143-215.133. Implementation of State policy. 32
182		-	(a) As used in this Article, "covered agencies" means the following State agencies: the 33
183		-	Departments of Environmental Quality, Health and Human Services, Transportation, Commerce, 34
184		-	Public Safety, Agriculture and Consumer Services, and Public Instruction and the Utilities 35
185		-	Commission. 36
186		-	(b) The covered agencies shall consider cumulative environmental burdens and access to 37
187		-	environmental benefits when making decisions about the environment, energy, climate, and 38
188		-	public health projects; facilities and infrastructure; and associated funding. 39
189		-	(c) Each of the covered agencies shall create and adopt on or before July 1, 2027, a 40
190		-	community engagement plan that describes how the agency will engage with environmental 41
191		-	justice communities as it evaluates new and existing activities and programs. Each plan shall 42
192		-	describe how the agency plans to provide meaningful participation in compliance with Title VI 43
193		-	of the Civil Rights Act of 1964. 44
194		-	(d) The covered agencies shall submit an annual summary beginning on January 15, 45
195		-	2026, and annually thereafter, to the Environmental Justice Advisory Council, detailing all 46
196		-	complaints alleging environmental justice issues or Title VI violations and any agency action 47
197		-	taken to resolve the complaints. The Advisory Council shall provide any recommendations 48
198		-	concerning those reports within 60 days after receipt of the complaint summaries. Agencies shall 49
199		-	consider the recommendations of the Advisory Council pursuant to sub-subdivision (c)(1)e. of 50 General Assembly Of North Carolina Session 2025
200		-	House Bill 684-First Edition Page 5
201		-	G.S. 143-215.135 and substantively respond in writing if an agency chooses not to implement 1
202		-	any of the recommendations within 90 days after receipt of the recommendations. 2
203		-	(e) The Program, in consultation with the Environmental Justice Advisory Council and 3
204		-	the Interagency Environmental Justice Committee, shall review the definitions contained in 4
205		-	G.S. 143-215.131 at least every five years and recommend revisions to the General Assembly to 5
206		-	ensure the definition achieves the environmental justice State policy. 6
207		-	(f) The Program, in consultation with the Interagency Environmental Justice Committee 7
208		-	and the Environmental Justice Advisory Council, shall issue guidance on how the covered 8
209		-	agencies shall determine which investments provide environmental benefits to environmental 9
210		-	justice communities on or before September 15, 2025. A draft version of the guidance shall be 10
211		-	released for a 40-day public comment period before being finalized. 11
212		-	(g) Covered Agency Baseline Spending Reports. – 12
213		-	(1) On or before February 15, 2026, the covered agencies shall, in accordance 13
214		-	with the guidance document developed by the Program pursuant to subsection 14
215		-	(f) of this section, review the past three years and generate baseline spending 15
216		-	reports that include all of the following: 16
217		-	a. Where investments were made, if any, and which geographic areas, at 17
218		-	the municipal or census block group level, where practicable, received 18
219		-	environmental benefits from those investments. 19
220		-	b. A description and quantification of the environmental benefits as an 20
221		-	outcome of the investment. 21
222		-	(2) The covered agencies shall publicly post the baseline spending reports on their 22
223		-	respective websites. 23
224		-	(h) On or before July 1, 2026, it shall be the goal of the covered agencies to direct 24
225		-	investments proportionately in environmental justice communities. 25
226		-	(1) Beginning on January 15, 2028, and annually thereafter, the covered agencies 26
227		-	shall either integrate the following information into existing annual spending 27
228		-	reports or issue annual spending reports that include all of the following: 28
229		-	a. Where investments were made and which geographic areas, at the 29
230		-	municipal and census block group level, where practicable, received 30
231		-	environmental benefits from those investments. 31
232		-	b. The percentage of overall environmental benefits from those 32
233		-	investments provided to environmental justice communities. 33
234		-	(2) The covered agencies shall publicly post the annual spending reports on their 34
235		-	respective websites. 35
236		-	(i) Beginning on January 15, 2027, the covered agencies shall each issue and publicly 36
237		-	post an annual report summarizing all actions taken to incorporate environmental justice into its 37
238		-	policies or determinations, rulemaking, permit proceedings, or project review. 38
239		-	"§ 143-215.134. Rulemaking. 39
240		-	(a) On or before July 1, 2027, the Department of Environmental Quality, in consultation 40
241		-	with the Environmental Justice Advisory Council and the Interagency Environmental Justice 41
242		-	Committee, shall adopt rules to: 42
243		-	(1) Define cumulative environmental burdens; 43
244		-	(2) Implement consideration of cumulative environmental burdens within the 44
245		-	Program; and 45
246		-	(3) Inform how the public and the covered agencies implement the consideration 46
247		-	of cumulative environmental burdens and use the environmental justice 47
248		-	mapping tool developed by the Program. 48
249		-	(b) On or before July 1, 2028, and as appropriate thereafter, the covered agencies, in 49
250		-	consultation with the Environmental Justice Advisory Council, shall adopt or amend policies and 50
251		-	procedures, plans, guidance, and rules, where applicable, to implement this Article. 51 General Assembly Of North Carolina Session 2025
252		-	Page 6 House Bill 684-First Edition
253		-	(c) The following requirements apply to rulemaking by covered agencies: 1
254		-	(1) Prior to drafting new rules required by this Article, agencies shall consult with 2
255		-	the Environmental Justice Advisory Council to discuss the scope and 3
256		-	proposed content of rules to be developed. Agencies shall also submit draft 4
257		-	rulemaking concepts to the Advisory Council for review and comment. Any 5
258		-	proposed rule shall be provided to the Advisory Council not less than 45 days 6
259		-	prior to submitting the proposed rule or rules to the Rules Review Commission 7
260		-	(RRC). 8
261		-	(2) The Advisory Council shall vote and record individual members' support or 9
262		-	objection to any proposed rule before it is submitted to RRC and make 10
263		-	documentation of that proceeding as part of the rulemaking record submitted 11
264		-	to RRC. 12
265		-	"§ 143-215.135. Environmental Justice Advisory Council and Interagency Environmental 13
266		-	Justice Committee. 14
267		-	(a) Advisory Council and Interagency Committee. – 15
268		-	(1) There is created: 16
269		-	a. The Environmental Justice Advisory Council (Advisory Council) to 17
270		-	provide independent advice and recommendations to State agencies 18
271		-	and the General Assembly on matters relating to environmental 19
272		-	justice, including the integration of environmental justice principles 20
273		-	into State programs, policies, regulations, legislation, and activities. 21
274		-	b. The Interagency Environmental Justice Committee (Interagency 22
275		-	Committee) to guide and coordinate State agency implementation of 23
276		-	the Environmental Justice State Policy and provide recommendations 24
277		-	to the General Assembly for amending the definitions and protections 25
278		-	set forth in this Article. 26
279		-	(2) Appointments to the groups created in this subsection shall be made on or 27
280		-	before December 15, 2025. 28
281		-	(3) Both the Advisory Council and the Interagency Committee shall consider and 29
282		-	incorporate the Equitable Access & Just Transition to Clean Energy 30
283		-	provisions of the North Carolina Clean Energy Plan in their work. 31
284		-	(b) Meetings. – The Advisory Council and the Interagency Committee shall each meet 32
285		-	not more than eight times per year, with at least four meetings occurring jointly. Meetings may 33
286		-	be held in person, remotely, or in a hybrid format to facilitate maximum participation and shall 34
287		-	be recorded and publicly posted on the Secretary's website. 35
288		-	(c) Duties. – 36
289		-	(1) The Advisory Council shall have the following duties: 37
290		-	a. To advise State agencies on environmental justice issues and on how 38
291		-	to incorporate environmental justice into agency procedures and 39
292		-	decision making and evaluate the potential for environmental burdens 40
293		-	or disproportionate impacts on environmental justice communities as 41
294		-	a result of State actions and the potential for environmental benefits to 42
295		-	environmental justice communities. 43
296		-	b. To advise State agencies in the development of community 44
297		-	engagement plans. 45
298		-	c. To advise State agencies on the use of the environmental justice 46
299		-	mapping tool established by the Program and on the enhancement of 47
300		-	meaningful participation, reduction of environmental burdens, and 48
301		-	equitable distribution of environmental benefits. 49 General Assembly Of North Carolina Session 2025
302		-	House Bill 684-First Edition Page 7
303		-	d. To review and provide feedback to the relevant State agency, pursuant 1
304		-	to G.S. 143-215.134(c), on any proposed rules for implementing this 2
305		-	Article. 3
306		-	e. To receive and review annual State agency summaries of complaints 4
307		-	alleging environmental justice issues, including Title VI complaints, 5
308		-	and suggest options or alternatives to State agencies for the resolution 6
309		-	of systemic issues raised in or by the complaints. 7
310		-	(2) The Interagency Committee shall have the following duties: 8
311		-	a. To consult with the Program in the development of the guidance 9
312		-	document required by G.S. 143-215.133(f) on how to determine which 10
313		-	investments provide environmental benefits to environmental justice 11
314		-	communities. 12
315		-	b. On or before July 1, 2025, to develop, in consultation with the Program 13
316		-	and the Environmental Justice Advisory Council, a set of core 14
317		-	principles to guide and coordinate the development of the State agency 15
318		-	community engagement plans required under G.S 143-215.133(c). 16
319		-	(3) The Advisory Council and the Interagency Committee shall jointly: 17
320		-	a. Consider and recommend to the General Assembly, on or before 18
321		-	December 1, 2026, amendments to the terminology, thresholds, and 19
322		-	criteria of the definition of environmental justice communities, 20
323		-	including whether to include populations more likely to be at higher 21
324		-	risk for poor health outcomes in response to environmental burdens. 22
325		-	b. Examine existing data and studies on environmental justice and 23
326		-	consult with State, federal, and local agencies and affected 24
327		-	communities regarding the impact of current statutes, regulations, and 25
328		-	policies on the achievement of environmental justice. 26
329		-	(d) Membership. – 27
330		-	(1) Advisory Council. – Each member of the Advisory Council shall be well 28
331		-	informed regarding environmental justice principles and committed to 29
332		-	achieving environmental justice in North Carolina and working 30
333		-	collaboratively with other members of the Advisory Council. To the greatest 31
334		-	extent practicable, Advisory Council members shall represent diversity in 32
335		-	race, ethnicity, age, gender, urban and rural areas, and different regions of 33
336		-	the State. The Advisory Council shall consist of the following 11 members, 34
337		-	with a goal to have more than fifty percent (50%) residing in environmental 35
338		-	justice communities: 36
339		-	a. The head of the Program or designee. 37
340		-	b. The following members appointed by the Governor: 38
341		-	1. One representative of municipal government. 39
342		-	2. One representative of a social justice organization. 40
343		-	3. One representative of mobile home park residents. 41
344		-	4. One representative of a statewide environmental organization. 42
345		-	5. One person representing an organization working on food 43
346		-	security issues. 44
347		-	c. One person who resides in a census block group that is designated as 45
348		-	an environmental justice community by the House of Representatives 46
349		-	upon the recommendation of the Speaker of the House of 47
350		-	Representatives. 48
351		-	d. One person who is a representative of immigrant communities in 49
352		-	North Carolina appointed by the Senate upon the recommendation of 50
353		-	the President Pro Tempore of the Senate. 51 General Assembly Of North Carolina Session 2025
354		-	Page 8 House Bill 684-First Edition
355		-	e. One representative of a State-recognized Native American Indian 1
356		-	tribe, recommended and appointed by the North Carolina Indian 2
357		-	Affairs Commission. 3
358		-	f. The Executive Director of the North Carolina Housing Finance 4
359		-	Agency or designee. 5
360		-	g. The Executive Director of the North Carolina Land and Water Fund 6
361		-	or designee. 7
362		-	(2) Interagency Committee. – The Interagency Committee shall consist of the 8
363		-	following nine members: 9
364		-	a. The Superintendent of Public Instruction or designee. 10
365		-	b. The Secretary of the Department of Environmental Quality or 11
	46	+	affordable and sustainable housing, and other investments flow to 34
	47	+	disadvantaged communities that are marginalized by underinvestment and 35
	48	+	overburdened by pollution. 36
	49	+	H.B. 684
	50	+	Apr 1, 2025
	51	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRH30313-MHa-29
	53	+	(8) Governor Cooper issued Executive Order 246 in 2022 and Executive Order 1
	54	+	292 in 2023 directing various actions to advance environmental justice in 2
	55	+	North Carolina, including requirements that agencies consider environmental 3
	56	+	justice when taking actions related to climate change, resilience, and clean 4
	57	+	energy, and identify an environmental justice lead to serve as the point person 5
	58	+	for agency environmental justice efforts. 6
	59	+	(9) State agencies receiving federal funds are also subject to the 7
	60	+	antidiscrimination requirements of Title VI of the Civil Rights Act of 1964. 8
	61	+	(10) In response to the documented inadequacy of state and federal environmental 9
	62	+	and land use laws to protect vulnerable communities, increasing numbers of 10
	63	+	states have adopted formal environmental justice laws and policies. 11
	64	+	(11) The 1991 Principles of Environmental Justice adopted by The First National 12
	65	+	People of Color Environmental Leadership Summit demand the right of all 13
	66	+	individuals to participate as equal partners at every level of decision making, 14
	67	+	including needs assessment, planning, implementation, enforcement, and 15
	68	+	evaluation. 16
	69	+	(12) Section 33 of Article I of the North Carolina Constitution establishes the 17
	70	+	government as a vehicle for the common benefit, protection, and security of 18
	71	+	the State's citizens and not for the particular emolument or advantage of any 19
	72	+	single set of persons who are only a part of that community. This principle, 20
	73	+	coupled with Section 1 of Article I of the North Carolina Constitution's 21
	74	+	guarantee of equal rights to enjoying life, liberty, and enjoyment of the fruits 22
	75	+	of their own labor, and the assurance of timely and equitable justice for all set 23
	76	+	forth in Article I. Sections 18 and 19 of the North Carolina Constitution 24
	77	+	encourage political officials to identify how particular communities may be 25
	78	+	unequally burdened or receive unequal protection under the law due to race, 26
	79	+	income, or geographic location. 27
	80	+	(13) Lack of a clear environmental justice policy has resulted in a piecemeal 28
	81	+	approach to understanding and addressing environmental justice in North 29
	82	+	Carolina and creates a barrier to establishing clear definitions, metrics, and 30
	83	+	strategies to ensure meaningful engagement and more equitable distribution 31
	84	+	of environmental benefits and burdens. 32
	85	+	(14) It is the State's responsibility to pursue environmental justice for its residents 33
	86	+	and to ensure that its agencies do not contribute to unfair distribution of 34
	87	+	environmental benefits to or environmental burdens on low-income, 35
	88	+	limited-English proficient, and BIPOC communities. 36
	89	+	SECTION 2. Chapter 143 of the General Statutes is amended by adding a new 37
	90	+	Article to read: 38
	91	+	"Article 21D. 39
	92	+	"Environmental Justice. 40
	93	+	"§ 143-215.130. Purpose. 41
	94	+	The purpose of this Article is to identify, reduce, and eliminate environmental health 42
	95	+	disparities to improve the health and well-being of all State residents. 43
	96	+	"§ 143-215.131. Definitions. 44
	97	+	The following definitions apply in this Article: 45
	98	+	(1) Communities of color. – Communities in which the share of nonwhites and 46
	99	+	Hispanic or Latino (of any race) residents is forty percent (40%) or higher or 47
	100	+	at least ten percent (10%) higher than the residing county or State share. 48
	101	+	(2) Community. – A group of individuals living in geographic proximity to one 49
	102	+	another as a census block group or at the municipal level. 50 General Assembly Of North Carolina Session 2025
	103	+	DRH30313-MHa-29 Page 3
	104	+	(3) Disproportionate impact. – Disproportionately higher adverse health or 1
	105	+	environmental effects on communities of color, low-income communities, 2
	106	+	limited English language proficiency communities, or indigenous 3
	107	+	communities at levels that are statistically significant. 4
	108	+	(4) Environmental benefits. – The assets and services that enhance the capability 5
	109	+	of communities and individuals to function and flourish in society. Examples 6
	110	+	of environmental benefits include access to a healthy environment and clean 7
	111	+	natural resources, including air, water, land, green spaces, constructed 8
	112	+	playgrounds, and other outdoor recreational facilities and venues; affordable 9
	113	+	clean renewable energy sources; public transportation; fulfilling and dignified 10
	114	+	green jobs; healthy homes and buildings; health care; nutritious food; 11
	115	+	indigenous food and cultural resources; environmental enforcement; and 12
	116	+	training and funding disbursed or administered by governmental agencies. 13
	117	+	(5) Environmental burdens. – Any significant impact to clean air, water, and land, 14
	118	+	including any destruction, damage, or impairment of natural resources 15
	119	+	resulting from intentional or reasonably foreseeable causes. Examples of 16
	120	+	environmental burdens include climate change impacts; air and water 17
	121	+	pollution; improper sewage disposal; improper handling of solid wastes and 18
	122	+	other noxious substances; excessive noise; activities that limit access to green 19
	123	+	spaces, nutritious food, indigenous food or cultural resources, or constructed 20
	124	+	outdoor playgrounds and other recreational facilities and venues; inadequate 21
	125	+	remediation of pollution; reduction of groundwater levels; increased flooding 22
	126	+	or stormwater flows; home and building health hazards, including lead paint, 23
	127	+	lead plumbing, asbestos, and mold; and damage to inland waterways and 24
	128	+	waterbodies, wetlands, forests, green spaces, or constructed playgrounds or 25
	129	+	other outdoor recreational facilities and venues from private, industrial, 26
	130	+	commercial, and government operations or other activities that contaminate 27
	131	+	or alter the quality of the environment and pose a risk to public health. 28
	132	+	(6) Environmental justice. – The just treatment and meaningful involvement of 29
	133	+	all people, regardless of income, race, color, national origin, tribal affiliation, 30
	134	+	or English language proficiency, in State action that affect human health, 31
	135	+	well-being, quality of life, and the environment so that people: 32
	136	+	a. Are protected from disproportionate and adverse human health effects 33
	137	+	and environmental hazards, including: those related to climate change, 34
	138	+	the cumulative impacts of environmental and other burdens, and the 35
	139	+	legacy of racism or other structural barriers. 36
	140	+	b. Have equitable access to environmental benefits in which to live, play, 37
	141	+	work, learn, grow, worship, and engage in cultural and subsistence 38
	142	+	practices. 39
	143	+	c. Have meaningful participation in decision-making processes, 40
	144	+	including the development, implementation, and enforcement of 41
	145	+	environmental laws, regulations, and policies. 42
	146	+	(7) Environmental justice communities. – Communities of color, low-income 43
	147	+	communities, indigenous communities, and limited English language 44
	148	+	proficiency communities that experience, or are at risk of, environmental 45
	149	+	burdens or lack access to environmental benefits. 46
	150	+	(8) Indigenous communities. – Communities where "American Indian Tribes" as 47
	151	+	defined by 01 NCAC 15. 0292, reside or where the share of American and 48
	152	+	Alaskan Native populations are five percent (5%) higher than the residing 49
	153	+	county or State share. 50 General Assembly Of North Carolina Session 2025
	154	+	Page 4 DRH30313-MHa-29
	155	+	(9) Limited English language proficiency communities. – Communities where at 1
	156	+	least one percent (1%) or more of households do not have a member 14 years 2
	157	+	or older who speaks English "very well" as defined by the U.S. Census 3
	158	+	Bureau. 4
	159	+	(10) Low-income communities. – Communities in which the share of population 5
	160	+	experiencing poverty is more than twenty percent (20%) or the share of 6
	161	+	households in poverty is at least five percent (5%) higher than the residing 7
	162	+	county or State share. 8
	163	+	(11) Meaningful participation. – The opportunity for all individuals to participate 9
	164	+	in energy, climate change, and environmental decision making. Examples 10
	165	+	include needs assessments, planning, implementation, permitting, compliance 11
	166	+	and enforcement, and evaluation. Meaningful participation also integrates 12
	167	+	diverse knowledge systems, histories, traditions, languages, and cultures of 13
	168	+	Indigenous communities in decision-making processes and requires that 14
	169	+	communities are enabled and administratively assisted to participate fully 15
	170	+	through education and training. Finally, meaningful participation requires the 16
	171	+	State to operate in a transparent manner with regard to opportunities for 17
	172	+	community input and also encourages the development of environmental, 18
	173	+	energy, and climate change stewardship. 19
	174	+	(12) Program. – The Environmental Justice Program of the Department of 20
	175	+	Environmental Quality. 21
	176	+	(13) Rules Review Commission. – As defined in G.S. 143B-30.1. 22
	177	+	"§ 143-215.132. Environmental justice State policy. 23
	178	+	It is the policy of the State that no segment of the population of the State should, because of 24
	179	+	its racial, cultural, or economic makeup, bear a disproportionate share of environmental burdens 25
	180	+	or be denied an equitable share of environmental benefits. It is further the policy of the State to 26
	181	+	provide the opportunity for the meaningful participation of all individuals, with particular 27
	182	+	attention to environmental justice communities, in the development, implementation, or 28
	183	+	enforcement of any law, regulation, or policy. 29
	184	+	"§ 143-215.133. Implementation of State policy. 30
	185	+	(a) As used in this Article, "covered agencies" means the following State agencies: the 31
	186	+	Departments of Environmental Quality, Health and Human Services, Transportation, Commerce, 32
	187	+	Public Safety, Agriculture and Consumer Services, and Public Instruction and the Utilities 33
	188	+	Commission. 34
	189	+	(b) The covered agencies shall consider cumulative environmental burdens and access to 35
	190	+	environmental benefits when making decisions about the environment, energy, climate, and 36
	191	+	public health projects; facilities and infrastructure; and associated funding. 37
	192	+	(c) Each of the covered agencies shall create and adopt on or before July 1, 2027, a 38
	193	+	community engagement plan that describes how the agency will engage with environmental 39
	194	+	justice communities as it evaluates new and existing activities and programs. Each plan shall 40
	195	+	describe how the agency plans to provide meaningful participation in compliance with Title VI 41
	196	+	of the Civil Rights Act of 1964. 42
	197	+	(d) The covered agencies shall submit an annual summary beginning on January 15, 43
	198	+	2026, and annually thereafter, to the Environmental Justice Advisory Council, detailing all 44
	199	+	complaints alleging environmental justice issues or Title VI violations and any agency action 45
	200	+	taken to resolve the complaints. The Advisory Council shall provide any recommendations 46
	201	+	concerning those reports within 60 days after receipt of the complaint summaries. Agencies shall 47
	202	+	consider the recommendations of the Advisory Council pursuant to sub-subdivision (c)(1)e. of 48
	203	+	G.S. 143-215.135 and substantively respond in writing if an agency chooses not to implement 49
	204	+	any of the recommendations within 90 days after receipt of the recommendations. 50 General Assembly Of North Carolina Session 2025
	205	+	DRH30313-MHa-29 Page 5
	206	+	(e) The Program, in consultation with the Environmental Justice Advisory Council and 1
	207	+	the Interagency Environmental Justice Committee, shall review the definitions contained in 2
	208	+	G.S. 143-215.131 at least every five years and recommend revisions to the General Assembly to 3
	209	+	ensure the definition achieves the environmental justice State policy. 4
	210	+	(f) The Program, in consultation with the Interagency Environmental Justice Committee 5
	211	+	and the Environmental Justice Advisory Council, shall issue guidance on how the covered 6
	212	+	agencies shall determine which investments provide environmental benefits to environmental 7
	213	+	justice communities on or before September 15, 2025. A draft version of the guidance shall be 8
	214	+	released for a 40-day public comment period before being finalized. 9
	215	+	(g) Covered Agency Baseline Spending Reports. – 10
	216	+	(1) On or before February 15, 2026, the covered agencies shall, in accordance 11
	217	+	with the guidance document developed by the Program pursuant to subsection 12
	218	+	(f) of this section, review the past three years and generate baseline spending 13
	219	+	reports that include all of the following: 14
	220	+	a. Where investments were made, if any, and which geographic areas, at 15
	221	+	the municipal or census block group level, where practicable, received 16
	222	+	environmental benefits from those investments. 17
	223	+	b. A description and quantification of the environmental benefits as an 18
	224	+	outcome of the investment. 19
	225	+	(2) The covered agencies shall publicly post the baseline spending reports on their 20
	226	+	respective websites. 21
	227	+	(h) On or before July 1, 2026, it shall be the goal of the covered agencies to direct 22
	228	+	investments proportionately in environmental justice communities. 23
	229	+	(1) Beginning on January 15, 2028, and annually thereafter, the covered agencies 24
	230	+	shall either integrate the following information into existing annual spending 25
	231	+	reports or issue annual spending reports that include all of the following: 26
	232	+	a. Where investments were made and which geographic areas, at the 27
	233	+	municipal and census block group level, where practicable, received 28
	234	+	environmental benefits from those investments. 29
	235	+	b. The percentage of overall environmental benefits from those 30
	236	+	investments provided to environmental justice communities. 31
	237	+	(2) The covered agencies shall publicly post the annual spending reports on their 32
	238	+	respective websites. 33
	239	+	(i) Beginning on January 15, 2027, the covered agencies shall each issue and publicly 34
	240	+	post an annual report summarizing all actions taken to incorporate environmental justice into its 35
	241	+	policies or determinations, rulemaking, permit proceedings, or project review. 36
	242	+	"§ 143-215.134. Rulemaking. 37
	243	+	(a) On or before July 1, 2027, the Department of Environmental Quality, in consultation 38
	244	+	with the Environmental Justice Advisory Council and the Interagency Environmental Justice 39
	245	+	Committee, shall adopt rules to: 40
	246	+	(1) Define cumulative environmental burdens; 41
	247	+	(2) Implement consideration of cumulative environmental burdens within the 42
	248	+	Program; and 43
	249	+	(3) Inform how the public and the covered agencies implement the consideration 44
	250	+	of cumulative environmental burdens and use the environmental justice 45
	251	+	mapping tool developed by the Program. 46
	252	+	(b) On or before July 1, 2028, and as appropriate thereafter, the covered agencies, in 47
	253	+	consultation with the Environmental Justice Advisory Council, shall adopt or amend policies and 48
	254	+	procedures, plans, guidance, and rules, where applicable, to implement this Article. 49
	255	+	(c) The following requirements apply to rulemaking by covered agencies: 50 General Assembly Of North Carolina Session 2025
	256	+	Page 6 DRH30313-MHa-29
	257	+	(1) Prior to drafting new rules required by this Article, agencies shall consult with 1
	258	+	the Environmental Justice Advisory Council to discuss the scope and 2
	259	+	proposed content of rules to be developed. Agencies shall also submit draft 3
	260	+	rulemaking concepts to the Advisory Council for review and comment. Any 4
	261	+	proposed rule shall be provided to the Advisory Council not less than 45 days 5
	262	+	prior to submitting the proposed rule or rules to the Rules Review Commission 6
	263	+	(RRC). 7
	264	+	(2) The Advisory Council shall vote and record individual members' support or 8
	265	+	objection to any proposed rule before it is submitted to RRC and make 9
	266	+	documentation of that proceeding as part of the rulemaking record submitted 10
	267	+	to RRC. 11
	268	+	"§ 143-215.135. Environmental Justice Advisory Council and Interagency Environmental 12
	269	+	Justice Committee. 13
	270	+	(a) Advisory Council and Interagency Committee. – 14
	271	+	(1) There is created: 15
	272	+	a. The Environmental Justice Advisory Council (Advisory Council) to 16
	273	+	provide independent advice and recommendations to State agencies 17
	274	+	and the General Assembly on matters relating to environmental 18
	275	+	justice, including the integration of environmental justice principles 19
	276	+	into State programs, policies, regulations, legislation, and activities. 20
	277	+	b. The Interagency Environmental Justice Committee (Interagency 21
	278	+	Committee) to guide and coordinate State agency implementation of 22
	279	+	the Environmental Justice State Policy and provide recommendations 23
	280	+	to the General Assembly for amending the definitions and protections 24
	281	+	set forth in this Article. 25
	282	+	(2) Appointments to the groups created in this subsection shall be made on or 26
	283	+	before December 15, 2025. 27
	284	+	(3) Both the Advisory Council and the Interagency Committee shall consider and 28
	285	+	incorporate the Equitable Access & Just Transition to Clean Energy 29
	286	+	provisions of the North Carolina Clean Energy Plan in their work. 30
	287	+	(b) Meetings. – The Advisory Council and the Interagency Committee shall each meet 31
	288	+	not more than eight times per year, with at least four meetings occurring jointly. Meetings may 32
	289	+	be held in person, remotely, or in a hybrid format to facilitate maximum participation and shall 33
	290	+	be recorded and publicly posted on the Secretary's website. 34
	291	+	(c) Duties. – 35
	292	+	(1) The Advisory Council shall have the following duties: 36
	293	+	a. To advise State agencies on environmental justice issues and on how 37
	294	+	to incorporate environmental justice into agency procedures and 38
	295	+	decision making and evaluate the potential for environmental burdens 39
	296	+	or disproportionate impacts on environmental justice communities as 40
	297	+	a result of State actions and the potential for environmental benefits to 41
	298	+	environmental justice communities. 42
	299	+	b. To advise State agencies in the development of community 43
	300	+	engagement plans. 44
	301	+	c. To advise State agencies on the use of the environmental justice 45
	302	+	mapping tool established by the Program and on the enhancement of 46
	303	+	meaningful participation, reduction of environmental burdens, and 47
	304	+	equitable distribution of environmental benefits. 48
	305	+	d. To review and provide feedback to the relevant State agency, pursuant 49
	306	+	to G.S. 143-215.134(c), on any proposed rules for implementing this 50
	307	+	Article. 51 General Assembly Of North Carolina Session 2025
	308	+	DRH30313-MHa-29 Page 7
	309	+	e. To receive and review annual State agency summaries of complaints 1
	310	+	alleging environmental justice issues, including Title VI complaints, 2
	311	+	and suggest options or alternatives to State agencies for the resolution 3
	312	+	of systemic issues raised in or by the complaints. 4
	313	+	(2) The Interagency Committee shall have the following duties: 5
	314	+	a. To consult with the Program in the development of the guidance 6
	315	+	document required by G.S. 143-215.133(f) on how to determine which 7
	316	+	investments provide environmental benefits to environmental justice 8
	317	+	communities. 9
	318	+	b. On or before July 1, 2025, to develop, in consultation with the Program 10
	319	+	and the Environmental Justice Advisory Council, a set of core 11
	320	+	principles to guide and coordinate the development of the State agency 12
	321	+	community engagement plans required under G.S 143-215.133(c). 13
	322	+	(3) The Advisory Council and the Interagency Committee shall jointly: 14
	323	+	a. Consider and recommend to the General Assembly, on or before 15
	324	+	December 1, 2026, amendments to the terminology, thresholds, and 16
	325	+	criteria of the definition of environmental justice communities, 17
	326	+	including whether to include populations more likely to be at higher 18
	327	+	risk for poor health outcomes in response to environmental burdens. 19
	328	+	b. Examine existing data and studies on environmental justice and 20
	329	+	consult with State, federal, and local agencies and affected 21
	330	+	communities regarding the impact of current statutes, regulations, and 22
	331	+	policies on the achievement of environmental justice. 23
	332	+	(d) Membership. – 24
	333	+	(1) Advisory Council. – Each member of the Advisory Council shall be well 25
	334	+	informed regarding environmental justice principles and committed to 26
	335	+	achieving environmental justice in North Carolina and working 27
	336	+	collaboratively with other members of the Advisory Council. To the greatest 28
	337	+	extent practicable, Advisory Council members shall represent diversity in 29
	338	+	race, ethnicity, age, gender, urban and rural areas, and different regions of 30
	339	+	the State. The Advisory Council shall consist of the following 11 members, 31
	340	+	with a goal to have more than fifty percent (50%) residing in environmental 32
	341	+	justice communities: 33
	342	+	a. The head of the Program or designee. 34
	343	+	b. The following members appointed by the Governor: 35
	344	+	1. One representative of municipal government. 36
	345	+	2. One representative of a social justice organization. 37
	346	+	3. One representative of mobile home park residents. 38
	347	+	4. One representative of a statewide environmental organization. 39
	348	+	5. One person representing an organization working on food 40
	349	+	security issues. 41
	350	+	c. One person who resides in a census block group that is designated as 42
	351	+	an environmental justice community by the House of Representatives 43
	352	+	upon the recommendation of the Speaker of the House of 44
	353	+	Representatives. 45
	354	+	d. One person who is a representative of immigrant communities in 46
	355	+	North Carolina appointed by the Senate upon the recommendation of 47
	356	+	the President Pro Tempore of the Senate. 48
	357	+	e. One representative of a State-recognized Native American Indian 49
	358	+	tribe, recommended and appointed by the North Carolina Indian 50
	359	+	Affairs Commission. 51 General Assembly Of North Carolina Session 2025
	360	+	Page 8 DRH30313-MHa-29
	361	+	f. The Executive Director of the North Carolina Housing Finance 1
	362	+	Agency or designee. 2
	363	+	g. The Executive Director of the North Carolina Land and Water Fund 3
	364	+	or designee. 4
	365	+	(2) Interagency Committee. – The Interagency Committee shall consist of the 5
	366	+	following nine members: 6
	367	+	a. The Superintendent of Public Instruction or designee. 7
	368	+	b. The Secretary of the Department of Environmental Quality or 8
	369	+	designee. 9
	370	+	c. The Secretary of Transportation or designee. 10
	371	+	d. The Director of the North Carolina Housing Finance Agency or 11
366	372		designee. 12
367		-	c. The Secretary of Transportation or designee. 13
368		-	d. The Director of the North Carolina Housing Finance Agency or 14
369		-	designee. 15
370		-	e. The Commissioner of the Department of Agriculture and Consumer 16
371		-	Services or designee. 17
372		-	f. The Secretary of the Department of Health and Human Services or 18
373		-	designee. 19
374		-	g. The Director of the Division of Emergency Management of the 20
375		-	Department of Public Safety or designee. 21
376		-	h. The Secretary of the Department of Natural and Cultural Resources or 22
377		-	designee. 23
378		-	i. The Chair of the Utilities Commission or designee. 24
379		-	(3) The Advisory Council and the Interagency Committee may each elect two 25
380		-	cochairs. 26
381		-	(4) After initial appointments, all appointed members of the Advisory Council 27
382		-	shall serve six-year terms and serve until a successor is appointed. The initial 28
383		-	terms shall be staggered so that one-third of the appointed members shall serve 29
384		-	a two-year term, another third of the appointed members shall serve a 30
385		-	four-year term, and the remaining members shall be appointed to a six-year 31
386		-	term. 32
387		-	(5) Vacancies of the Advisory Council shall be appointed in the same manner as 33
388		-	original appointments. 34
389		-	(6) The Advisory Council shall have the administrative, technical, and legal 35
390		-	assistance of the Program." 36
391		-	SECTION 3. Reports. – On or before December 15, 2027, the Program shall submit 37
392		-	a report to the Joint Legislative Commission on Governmental Operations and the Fiscal 38
393		-	Research Division of the General Assembly describing whether the baseline spending reports 39
394		-	completed pursuant to G.S. 143-215.133(g), as enacted by Section 2 of this act, indicate if any 40
395		-	municipalities or portions of municipalities are routinely underserved with respect to 41
396		-	environmental benefits, taking into consideration whether those areas receive, averaged across 42
397		-	three years, a significantly lower percentage of environmental benefits from State investments as 43
398		-	compared to other municipalities or portions of municipalities in the State. This report shall 44
399		-	include a recommendation as to whether a statutory definition of "underserved community" and 45
400		-	any other revisions to Article 21D of Chapter 143 of the General Statutes, as enacted by Section 46
401		-	2 of this act, are necessary to best carry out the policies described in this act. 47
402		-	SECTION 4. This act is effective when it becomes law. 48
	373	+	e. The Commissioner of the Department of Agriculture and Consumer 13
	374	+	Services or designee. 14
	375	+	f. The Secretary of the Department of Health and Human Services or 15
	376	+	designee. 16
	377	+	g. The Director of the Division of Emergency Management of the 17
	378	+	Department of Public Safety or designee. 18
	379	+	h. The Secretary of the Department of Natural and Cultural Resources or 19
	380	+	designee. 20
	381	+	i. The Chair of the Utilities Commission or designee. 21
	382	+	(3) The Advisory Council and the Interagency Committee may each elect two 22
	383	+	cochairs. 23
	384	+	(4) After initial appointments, all appointed members of the Advisory Council 24
	385	+	shall serve six-year terms and serve until a successor is appointed. The initial 25
	386	+	terms shall be staggered so that one-third of the appointed members shall serve 26
	387	+	a two-year term, another third of the appointed members shall serve a 27
	388	+	four-year term, and the remaining members shall be appointed to a six-year 28
	389	+	term. 29
	390	+	(5) Vacancies of the Advisory Council shall be appointed in the same manner as 30
	391	+	original appointments. 31
	392	+	(6) The Advisory Council shall have the administrative, technical, and legal 32
	393	+	assistance of the Program." 33
	394	+	SECTION 3. Reports. – On or before December 15, 2027, the Program shall submit 34
	395	+	a report to the Joint Legislative Commission on Governmental Operations and the Fiscal 35
	396	+	Research Division of the General Assembly describing whether the baseline spending reports 36
	397	+	completed pursuant to G.S. 143-215.133(g), as enacted by Section 2 of this act, indicate if any 37
	398	+	municipalities or portions of municipalities are routinely underserved with respect to 38
	399	+	environmental benefits, taking into consideration whether those areas receive, averaged across 39
	400	+	three years, a significantly lower percentage of environmental benefits from State investments as 40
	401	+	compared to other municipalities or portions of municipalities in the State. This report shall 41
	402	+	include a recommendation as to whether a statutory definition of "underserved community" and 42
	403	+	any other revisions to Article 21D of Chapter 143 of the General Statutes, as enacted by Section 43
	404	+	2 of this act, are necessary to best carry out the policies described in this act. 44
	405	+	SECTION 4. This act is effective when it becomes law. 45