Environmental Justice in North Carolina.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 684

Short Title: Environmental Justice in North Carolina. (Public)
Sponsors: Representatives Crawford, Harrison, Alston, and T. Brown (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 3, 2025
*H684-v-1*
A BILL TO BE ENTITLED 1
AN ACT RELATING TO ENVIRONMENTAL JUSTICE IN NORTH CAROLINA. 2
The General Assembly of North Carolina enacts: 3
SECTION 1. The General Assembly finds all of the following: 4
(1) According to American Journal of Public Health studies published in 2014 5
and 2018 and affirmed by decades of research, Black, Indigenous, and Persons 6
of Color (BIPOC) and individuals with low income are disproportionately 7
exposed to environmental hazards and unsafe housing, facing higher levels of 8
air and water pollution, mold, lead, and pests. 9
(2) The cumulative impacts of environmental harms disproportionately and 10
adversely impact the health of BIPOC and communities with low income, 11
with climate change functioning as a threat multiplier. These disproportionate 12
adverse impacts are exacerbated by lack of access to affordable energy, 13
healthy food, green spaces, and other environmental benefits. 14
(3) Since 1994, Executive Order 12898 has required federal agencies to make 15
achieving environmental justice part of thei r mission by identifying and 16
addressing disproportionately high and adverse human health or 17
environmental effects of its programs, policies, and activities on minority 18
populations and populations with low incomes in the United States. 19
(4) In 2018, the Secr etary of the North Carolina Department of Environmental 20
Quality established the Secretary's Environmental Justice and Advisory 21
Board. 22
(5) Executive Order 14008 issued in 2021 created the White House 23
Environmental Justice Interagency Council within the Executive Office of the 24
President and the White House Environmental Justice Advisory Council 25
within the Environmental Protection Agency. 26
(6) Following Executive Order 14008, the U.S. Department of the Interior enacted 27
Secretary Order 3399 to establish the Clim ate Task Force to address current 28
and historic environmental injustice. This order also made it the Department's 29
mission to consider environmental justice when conducting National 30
Environmental Protection Act analyses. 31
(7) Executive Order 14096 issued in 2 023 established a goal that forty percent 32
(40%) of the overall benefits of certain federal climate, clean energy, 33
affordable and sustainable housing, and other investments flow to 34
General Assembly Of North Carolina Session 2025
Page 2 House Bill 684-First Edition
disadvantaged communities that are marginalized by underinvestment and 1
overburdened by pollution. 2
(8) Governor Cooper issued Executive Order 246 in 2022 and Executive Order 3
292 in 2023 directing various actions to advance environmental justice in 4
North Carolina, including requirements that agencies consider environmental 5
justice when taking actions related to climate change, resilience, and clean 6
energy, and identify an environmental justice lead to serve as the point person 7
for agency environmental justice efforts. 8
(9) State agencies receiving federal funds are also subject to the 9
antidiscrimination requirements of Title VI of the Civil Rights Act of 1964. 10
(10) In response to the documented inadequacy of state and federal environmental 11
and land use laws to protect vulnerable communities, increasing numbers of 12
states have adopted formal environmental justice laws and policies. 13
(11) The 1991 Principles of Environmental Justice adopted by The First National 14
People of Color Environmental Leadership Summit demand the right of all 15
individuals to participate as equal partners at every leve l of decision making, 16
including needs assessment, planning, implementation, enforcement, and 17
evaluation. 18
(12) Section 33 of Article I of the North Carolina Constitution establishes the 19
government as a vehicle for the common benefit, protection, and securit y of 20
the State's citizens and not for the particular emolument or advantage of any 21
single set of persons who are only a part of that community. This principle, 22
coupled with Section 1 of Article I of the North Carolina Constitution's 23
guarantee of equal rights to enjoying life, liberty, and enjoyment of the fruits 24
of their own labor, and the assurance of timely and equitable justice for all set 25
forth in Article I. Sections 18 and 19 of the North Carolina Constitution 26
encourage political officials to identify how particular communities may be 27
unequally burdened or receive unequal protection under the law due to race, 28
income, or geographic location. 29
(13) Lack of a clear environmental justice policy has resulted in a piecemeal 30
approach to understanding and addres sing environmental justice in North 31
Carolina and creates a barrier to establishing clear definitions, metrics, and 32
strategies to ensure meaningful engagement and more equitable distribution 33
of environmental benefits and burdens. 34
(14) It is the State's responsibility to pursue environmental justice for its residents 35
and to ensure that its agencies do not contribute to unfair distribution of 36
environmental benefits to or environmental burdens on low -income, 37
limited-English proficient, and BIPOC communities. 38
SECTION 2. Chapter 143 of the General Statutes is amended by adding a new 39
Article to read: 40
"Article 21D. 41
"Environmental Justice. 42
"§ 143-215.130. Purpose. 43
The purpose of this Article is to identify, reduce, and eliminate environmental health 44
disparities to improve the health and well-being of all State residents. 45
"§ 143-215.131. Definitions. 46
The following definitions apply in this Article: 47
(1) Communities of color. – Communities in which the share of nonwhites and 48
Hispanic or Latino (of any race) residents is forty percent (40%) or higher or 49
at least ten percent (10%) higher than the residing county or State share. 50
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House Bill 684-First Edition Page 3
(2) Community. – A group of individuals living in geographic proximity to one 1
another as a census block group or at the municipal level. 2
(3) Disproportionate impact. – Disproportionately higher adverse health or 3
environmental effects on communities of color, low -income communities, 4
limited English language proficiency communities , or indigenous 5
communities at levels that are statistically significant. 6
(4) Environmental benefits. – The assets and services that enhance the capability 7
of communities and individuals to function and flourish in society. Examples 8
of environmental benefits include access to a healthy environment and clean 9
natural resources, including air, water, land, green spaces, constructed 10
playgrounds, and other outdoor recreational facilities and venues; affordable 11
clean renewable energy sources; public transportation; fulfilling and dignified 12
green jobs; healthy homes and buildings; health care; nutritious food; 13
indigenous food and cultural resources; environmental enforcement; and 14
training and funding disbursed or administered by governmental agencies. 15
(5) Environmental burdens. – Any significant impact to clean air, water, and land, 16
including any destruction, damage, or impairment of natural resources 17
resulting from intentional or reasonably foreseeable causes. Examples of 18
environmental burdens include climate change impacts; air and water 19
pollution; improper sewage disposal; improper handling of solid wastes and 20
other noxious substances; excessive noise; activities that limit access to green 21
spaces, nutritious food, indigenous food or cultural resources, or constructed 22
outdoor playgrounds and other recreational facilities and venues; inadequate 23
remediation of pollution; reduction of groundwater levels; increased flooding 24
or stormwater flows; home and building health hazards, including lead paint, 25
lead plumbing, asbestos, and mold; and damage to inland waterways and 26
waterbodies, wetlands, forests, green spaces, or constructed playgrounds or 27
other outdoor recreational facilities and venues from private, industrial, 28
commercial, and government operations or other activities that contaminate 29
or alter the quality of the environment and pose a risk to public health. 30
(6) Environmental justice. – The just treatment and meaningful involvement of 31
all people, regardless of income, race, color, national origin, tribal affiliation, 32
or English language proficiency, in State action that affect human health, 33
well-being, quality of life, and the environment so that people: 34
a. Are protected from disproportionate and adverse human health effects 35
and environmental hazards, including: those related to climate change, 36
the cumulative impacts of environmental and other burdens, and the 37
legacy of racism or other structural barriers. 38
b. Have equitable access to environmental benefits in which to live, play, 39
work, learn, grow, worship, and engage in cultural and subsistence 40
practices. 41
c. Have meaningful participation in decision -making processes, 42
including the development, implementation, and enforcement of 43
environmental laws, regulations, and policies. 44
(7) Environmental justice communities. – Communities of color, low -income 45
communities, indigenous communities, and limited English language 46
proficiency communiti es that experience, or are at risk of, environmental 47
burdens or lack access to environmental benefits. 48
(8) Indigenous communities. – Communities where "American Indian Tribes" as 49
defined by 01 NCAC 15. 0292, reside or where the share of American and 50
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Alaskan Native populations are five percent (5%) higher than the residing 1
county or State share. 2
(9) Limited English language proficiency communities. – Communities where at 3
least one percent (1%) or more of households do not have a member 14 years 4
or older who speaks English "very well " as defined by the U.S. Census 5
Bureau. 6
(10) Low-income communities. – Communities in which the share of population 7
experiencing poverty is more than twenty percent (20%) or the share of 8
households in poverty is at least five percent (5%) higher than the residing 9
county or State share. 10
(11) Meaningful participation. – The opportunity for all individuals to participate 11
in energy, climate change, and environmental decision making. Examples 12
include needs assessments, planning, implementation, permitting, compliance 13
and enforcement, and evaluation. Meaningful participation also integrates 14
diverse knowledge systems, histories, traditions, languages, and cultures of 15
Indigenous communities in decision -making processes and requires that 16
communities are enabled and administratively assisted to participate fully 17
through education and training. Finally, meaningful participation requires the 18
State to operate in a transparent manner with regard to opportunities for 19
community input and also encourages the development of environmental, 20
energy, and climate change stewardship. 21
(12) Program. – The Environmental Justice Program of the Department of 22
Environmental Quality. 23
(13) Rules Review Commission. – As defined in G.S. 143B-30.1. 24
"§ 143-215.132. Environmental justice State policy. 25
It is the policy of the State that no segment of the population of the State should, because of 26
its racial, cultural, or economic makeup, bear a disproportionate share of environmental burdens 27
or be denied an equitable share of environmental benefits. It is further the policy of the State to 28
provide the opportunity for the meaningful participation of all individuals, with particular 29
attention to environmental justice communities, in the development, implementation, or 30
enforcement of any law, regulation, or policy. 31
"§ 143-215.133. Implementation of State policy. 32
(a) As used in this Article, "covered agencies" means the following State agencies: the 33
Departments of Environmental Quality, Health and Human Services, Transportation, Commerce, 34
Public Safety, Agriculture and Consumer Services, and Public Instruction and the Utilities 35
Commission. 36
(b) The covered agencies shall consider cumulative environmental burdens and access to 37
environmental benefits when making decisions about the environment, energy, climate, and 38
public health projects; facilities and infrastructure; and associated funding. 39
(c) Each of the covered agencies shall create and adopt on or before July 1, 202 7, a 40
community engagement plan that describes how the agency will engage with environmental 41
justice communities as it evaluates new and existing activities and programs. Each plan shall 42
describe how the agency plans to provide meaningful participation in compliance with Title VI 43
of the Civil Rights Act of 1964. 44
(d) The covered agencies shall submit an annual summary beginning on Ja nuary 15, 45
2026, and annually thereafter , to the Environmental Justice Advisory Council, detailing all 46
complaints alleging environmental justice issues or Title VI violations and any agency action 47
taken to resolve the complaints. The Advisory Council shall provide any recommendations 48
concerning those reports within 60 days after receipt of the complaint summaries. Agencies shall 49
consider the recommendations of the Advisory Council pursuant to sub-subdivision (c)(1)e. of 50
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House Bill 684-First Edition Page 5
G.S. 143-215.135 and substantively respond in writing if an agency chooses not to implement 1
any of the recommendations within 90 days after receipt of the recommendations. 2
(e) The Program, in consultation with the Environmental Justice Advisory Council and 3
the Interagency Environmental Justice Committee, shall review the definitions contained in 4
G.S. 143-215.131 at least every five years and recommend revisions to the General Assembly to 5
ensure the definition achieves the environmental justice State policy. 6
(f) The Program, in consultation with the Interagency Environmental Justice Committee 7
and the Environmental Justice Advisory Council, shall issue guidance on how the covered 8
agencies shall determine which investments provide environmental benefits to environmental 9
justice communities on or before September 15, 202 5. A draft version of the guidance shall be 10
released for a 40-day public comment period before being finalized. 11
(g) Covered Agency Baseline Spending Reports. – 12
(1) On or before February 15, 202 6, the covered agencies shall, in accordance 13
with the guidance document developed by the Program pursuant to subsection 14
(f) of this section, review the past three years and generate baseline spending 15
reports that include all of the following: 16
a. Where investments were made, if any, and which geographic areas, at 17
the municipal or census block group level, where practicable, received 18
environmental benefits from those investments. 19
b. A description and quantification of the environmental benefits as an 20
outcome of the investment. 21
(2) The covered agencies shall publicly post the baseline spending reports on their 22
respective websites. 23
(h) On or before July 1, 202 6, it shall be the goal of the covered agencies to direct 24
investments proportionately in environmental justice communities. 25
(1) Beginning on January 15, 2028, and annually thereafter, the covered agencies 26
shall either integrate the following information into existing annual spending 27
reports or issue annual spending reports that include all of the following: 28
a. Where investments were made and which geographic areas, at the 29
municipal and census block group level, where practicable, received 30
environmental benefits from those investments. 31
b. The percentage of overall environmental benefits from those 32
investments provided to environmental justice communities. 33
(2) The covered agencies shall publicly post the annual spending reports on their 34
respective websites. 35
(i) Beginning on January 15, 202 7, the covered agencies shall each issue and publicly 36
post an annual report summarizing all actions taken to incorporate environmental justice into its 37
policies or determinations, rulemaking, permit proceedings, or project review. 38
"§ 143-215.134. Rulemaking. 39
(a) On or before July 1, 2027, the Department of Environmental Quality, in consultation 40
with the Environmental Justice Advisory Council and the Interagency Environmental Justice 41
Committee, shall adopt rules to: 42
(1) Define cumulative environmental burdens; 43
(2) Implement consideration of cumulative environmental burdens within the 44
Program; and 45
(3) Inform how the public and the covered agencies implement the consideration 46
of cumulative environmental burdens and use the environmental justice 47
mapping tool developed by the Program. 48
(b) On or before July 1, 202 8, and as appropriate thereafter, the covered agencies, in 49
consultation with the Environmental Justice Advisory Council, shall adopt or amend policies and 50
procedures, plans, guidance, and rules, where applicable, to implement this Article. 51
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(c) The following requirements apply to rulemaking by covered agencies: 1
(1) Prior to drafting new rules required by this Article, agencies shall consult with 2
the Environmental Justice Advisory Council to discuss the scope and 3
proposed content of rules to be developed. Agencies shall also submit draft 4
rulemaking concepts to the Advisory Council for review and comment. Any 5
proposed rule shall be provided to the Advisory Council not less than 45 days 6
prior to submitting the proposed rule or rules to the Rules Review Commission 7
(RRC). 8
(2) The Advisory Council shall vote and record individual members ' support or 9
objection to any proposed rule before it is submitted to RRC and make 10
documentation of that proceeding as part of the rulemaking record submitted 11
to RRC. 12
"§ 143-215.135. Environmental Justice Advisory Council and Interagency Environmental 13
Justice Committee. 14
(a) Advisory Council and Interagency Committee. – 15
(1) There is created: 16
a. The Environmental Justice Advisory Council (Advisory Council) to 17
provide independent advice and recommendations to State agencies 18
and the General Assembly on matters relating to environmental 19
justice, including the integration of environmental justice principles 20
into State programs, policies, regulations, legislation, and activities. 21
b. The Interagency Environmental Justice Committee (Interagency 22
Committee) to guide and coordinate State agency implementation of 23
the Environmental Justice State Policy and provide recommendations 24
to the General Assembly for amending the definitions and protections 25
set forth in this Article. 26
(2) Appointments to the groups created in this subsection shall be made on or 27
before December 15, 2025. 28
(3) Both the Advisory Council and the Interagency Committee shall consider and 29
incorporate the Equitable Access & Just Transition to Clean Energy 30
provisions of the North Carolina Clean Energy Plan in their work. 31
(b) Meetings. – The Advisory Council and the Interagency Committee shall each meet 32
not more than eight times per year, with at least four meetings occurring jointly. Meetings may 33
be held in person, remotely, or in a hybrid format to facilitate maximum participation and shall 34
be recorded and publicly posted on the Secretary's website. 35
(c) Duties. – 36
(1) The Advisory Council shall have the following duties: 37
a. To advise State agencies on environmental justice issues and on how 38
to incorporate environmental justice into agency procedures and 39
decision making and evaluate the potential for environmental burdens 40
or disproportionate impacts on environmental justice communities as 41
a result of State actions and the potential for environmental benefits to 42
environmental justice communities. 43
b. To a dvise State agencies in the development of community 44
engagement plans. 45
c. To advise State agencies on the use of the environmental justice 46
mapping tool established by the Program and on the enhancement of 47
meaningful participation, reduction of environmental burdens, and 48
equitable distribution of environmental benefits. 49
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d. To review and provide feedback to the relevant State agency, pursuant 1
to G.S. 143-215.134(c), on any proposed rules for implementing this 2
Article. 3
e. To receive and review annual State agency summaries of complaints 4
alleging environmental justice issues, including Title VI complaints, 5
and suggest options or alternatives to State agencies for the resolution 6
of systemic issues raised in or by the complaints. 7
(2) The Interagency Committee shall have the following duties: 8
a. To c onsult with the Program in the development of the guidance 9
document required by G.S. 143-215.133(f) on how to determine which 10
investments provide environmental benefits to environmental justice 11
communities. 12
b. On or before July 1, 2025, to develop, in consultation with the Program 13
and the Environmental Justice Advisory Council, a set of core 14
principles to guide and coordinate the development of the State agency 15
community engagement plans required under G.S 143-215.133(c). 16
(3) The Advisory Council and the Interagency Committee shall jointly: 17
a. Consider and recommend to the General Assembly, on or before 18
December 1, 202 6, amendments to the terminology, thresholds, and 19
criteria of the definition of environmental justice communities, 20
including whether to include populations more likely to be at higher 21
risk for poor health outcomes in response to environmental burdens. 22
b. Examine existing data and studies on environmental justice and 23
consult with State, federal, and local agencies and affected 24
communities regarding the impact of current statutes, regulations, and 25
policies on the achievement of environmental justice. 26
(d) Membership. – 27
(1) Advisory Council. – Each member of the Advisory Council shall be well 28
informed regarding environmental justice principles and committed to 29
achieving environmental justice in North Carolina and working 30
collaboratively with other members of the Advisory Council. To the greatest 31
extent practicable, Advisory Council members shall represent diversity in 32
race, ethnicity, age, gender, urban and rural areas, and different regions of 33
the State. The Advisory Council shall consist of the following 11 members, 34
with a goal to have more than fifty percent (50%) residing in environmental 35
justice communities: 36
a. The head of the Program or designee. 37
b. The following members appointed by the Governor: 38
1. One representative of municipal government. 39
2. One representative of a social justice organization. 40
3. One representative of mobile home park residents. 41
4. One representative of a statewide environmental organization. 42
5. One person representing an organization working on food 43
security issues. 44
c. One person who resides in a census block group that is designated as 45
an environmental justice community by the House of Representatives 46
upon the recommendation of the Speaker of the House of 47
Representatives. 48
d. One person who is a representative of immigrant communities in 49
North Carolina appointed by the Senate upon the recommendation of 50
the President Pro Tempore of the Senate. 51
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e. One representative of a State -recognized Native American Indian 1
tribe, recommended and appointed by the North Carolina Indian 2
Affairs Commission. 3
f. The Executive Director of the North Carolina Housing Finance 4
Agency or designee. 5
g. The Executive Director of the N orth Carolina Land and Water Fund 6
or designee. 7
(2) Interagency Committee. – The Interagency Committee shall consist of the 8
following nine members: 9
a. The Superintendent of Public Instruction or designee. 10
b. The Secretary of the Department of Environmental Quality or 11
designee. 12
c. The Secretary of Transportation or designee. 13
d. The Director of the North Carolina Housing Finance Agency or 14
designee. 15
e. The Commissioner of the Department of Agriculture and Cons umer 16
Services or designee. 17
f. The Secretary of the Department of Health and Human Services or 18
designee. 19
g. The Director of the Division of Emergency Management of the 20
Department of Public Safety or designee. 21
h. The Secretary of the Department of Natural and Cultural Resources or 22
designee. 23
i. The Chair of the Utilities Commission or designee. 24
(3) The Advisory Council and the Interagency Committee may each elect two 25
cochairs. 26
(4) After initial appointments, all appointed members of the Advisory Council 27
shall serve six-year terms and serve until a successor is appointed. The initial 28
terms shall be staggered so that one-third of the appointed members shall serve 29
a two -year term, another third of the appointed members shall serve a 30
four-year term, and the remaining members shal l be appointed to a six -year 31
term. 32
(5) Vacancies of the Advisory Council shall be appointed in the same manner as 33
original appointments. 34
(6) The Advisory Council shall have the administrative, technical, and legal 35
assistance of the Program." 36
SECTION 3. Reports. – On or before December 15, 2027, the Program shall submit 37
a report to the Joint Legislative Commission on Governmental Operations and the Fiscal 38
Research Division of the General Assembly describing whether the baseline spending reports 39
completed pursuant to G.S. 143-215.133(g), as enacted by Section 2 of this act, indicate if any 40
municipalities or portions of municipalities are routinely underserved with respect to 41
environmental benefits, taking into consideration whether those areas receive, averag ed across 42
three years, a significantly lower percentage of environmental benefits from State investments as 43
compared to other municipalities or portions of municipalities in the State. This report shall 44
include a recommendation as to whether a statutory definition of "underserved community" and 45
any other revisions to Article 21D of Chapter 143 of the General Statutes, as enacted by Section 46
2 of this act, are necessary to best carry out the policies described in this act. 47
SECTION 4. This act is effective when it becomes law. 48