CO Code § 25-1-133 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 1 - Administration|Part 1 - Department of Public Health Andenvironment|§ 25-1-133. Environmental Justice Action Task Force - Report - Repeal

  Creation.   There is hereby created in the department the environmental justice action task force to recommend and promote strategies for incorporating environmental justice and equity into how state agencies discharge their responsibilities.    The task force consists of twenty-seven members appointed pursuant to subsection (1)(c) of this section.    The membership of the task force and appointing authorities are as follows:   The governor shall appoint the following nine members:   Three representatives from the department of public health and environment, one with expertise in air quality, one with expertise in water quality, and one with expertise in health equity;    One representative of the department of natural resources;    One representative of the department of transportation;    One representative of the Colorado energy office;    One representative of the public utilities commission;    One representative of the department of agriculture; and    One representative of the governor's office;       Two members, one appointed by the chair of the Southern Ute Indian Tribe tribal council and one appointed by the chair of the Ute Mountain Ute Tribe tribal council;    Sixteen members appointed by the president of the senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives, with one member appointed by each appointing authority from subsection (1)(c)(III)(A) of this section and three members each from subsection (1)(c)(III)(B) of this section:   Four members who represent disproportionately impacted communities located, to the extent practicable, in different congressional districts of the state; and    The following number of members of different organizations that: Carry out initiatives relating to environmental justice, three members; represent worker interests in disproportionately impacted communities, one member; represent the interest of people of color, four members; represent the renewable energy industry, one member; represent the nonrenewable energy industry, one member; represent local government in disproportionately impacted communities, one member; and work to support public health, one member, who must be an environmental toxicologist.          The appointing authorities shall fill a vacancy as soon as possible. In making appointments to the task force, the appointing authorities shall ensure that the membership of the task force reflects the racial, ethnic, cultural, and gender diversity of the state, including representation of all areas of the state.       Mission of the task force. The mission of the task force is to propose recommendations to the general assembly regarding practical means of addressing environmental justice inequities by:   Promoting environmental justice across state agencies and improving collaboration among state agencies in identifying and addressing the human health and environmental effects of programs, policies, practices, and activities on disproportionately impacted communities;    Improving cooperation on environmental justice initiatives between the state government, tribal governments, and local governments;    Ensuring meaningful involvement and due process in the development, implementation, and enforcement of environmental laws and policies; and    Addressing environmental health, pollution, and public health burdens in disproportionately impacted communities and building healthy, sustainable, and resilient communities.       Duties of the task force. The task force shall consider proposing recommendations concerning the following:   Developing a state agency-wide environmental justice strategy and a plan to implement that strategy, which could include:   Recommendations for creating and implementing equity analysis into all significant planning, rule-making, adjudications, orders, programmatic and policy decision making, and investments;    A potential requirement that agencies prepare an environmental equity analysis for any state action that has the potential to cause negative environmental or public health impacts to a disproportionately impacted community, which analysis could include a process for identifying and describing cumulative impacts to the health and environment of disproportionately impacted communities;    A potential requirement that for any state action that may cause adverse environmental or public health impacts to a disproportionately impacted community, the adverse environmental or public health impacts must be avoided, and if the effects cannot be avoided, they must be minimized and mitigated;    A potential requirement that permits must be issued and renewed only after an environmental equity analysis determines that the terms and conditions of the permit or renewal are sufficient to ensure, to a reasonable certainty, that any harm to the health and environment of disproportionately impacted communities is either:   Avoided; or    Minimized to the extent practicable and, to the extent any harm remains, is mitigated;       A potential requirement that all environmental projects developed as part of a settlement relating to violations in a disproportionately impacted community are developed in consultation with and through meaningful participation of individuals in the disproportionately impacted community and result in improvement to the health and environment of the affected disproportionately impacted community; and    Recommendations for establishing measurable goals for reducing environmental health disparities for disproportionately impacted communities;       Adoption of a plan that addresses the lack of data and lack of data sharing between state agencies about potential exposure to environmental hazards and improves research and data collection efforts related to the health and environment of disproportionately impacted communities, climate change, and the inequitable distribution of burdens and benefits of the management and use of natural resources;    The provisions of section 24-4-109 regarding engagement of disproportionately impacted communities, taking into account barriers to participation that may arise due to race, color, ethnicity, religion, income, or education level; and    Evaluating and proposing recommendations or revisions to the following definitions:   “Disproportionately impacted community” as defined in section 24-4-109 (2)(b)(II);    “Proposed state action” as defined in section 24-4-109 (2)(b)(III); and    “Agency” as defined in section 24-4-109 (2)(b)(I). In formulating its recommendation, the task force shall consider including within the definition at least the state entities specified in subsection (1)(c)(I) of this section.          The task force shall:   Hold at least six meetings, which may be online or in person, to seek input from, present its work plan and proposals to, and receive feedback from communities throughout the state;    Submit a final report of its findings and recommendations to the governor, the department, the house of representatives agriculture, livestock, and water; energy and environment; and health and insurance committees, and the senate agriculture and natural resources; health and human services; and transportation and energy committees, or their successor committees, by November 14, 2022; and    Post summaries of its meetings, draft recommendations, and the final report, which must be available as a public record on the home page of the department's website.       The department shall include updates regarding the task force's activities, including its final report, in its departmental presentation to legislative committees of reference pursuant to section 2-7-203.    This section is repealed, effective September 1, 2024.     History. Source: L. 2021: Entire section added,(HB 21-1266), ch. 411, p. 2727, § 4, effective July 2.    Editor's note:   Section 24 of chapter 411 (HB 21-1266), Session Laws of Colorado 2021, provides that the act adding this section applies to conduct occurring on or after July 2, 2021.   Cross references:   For the short title (“Environmental Justice Act”) and the legislative declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.