2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ADMINISTRATION (§§ 25-1-101 — 25-1.5-701) › Article 1 - ADMINISTRATION (§§ 25-1-101 — 25-1-1511) › Part 1 - DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-1-138) › Section 25-1-133 - Environmental equity and cumulative impact analyses - selection of contractor - required components of analyses - selection of locations - requirements for contractors - definitions - report

(1)
As used in this section, unless the context otherwise requires:
(a)
"Colorado EnviroScreen tool" has the meaning set forth in section 24-4-109 (5)(a)(II).
(b)
"Contractor" means an academic institution or other party with which the department contracts to develop an EECIA.
(c)
"Disproportionately impacted community" has the meaning set forth in section 24-4-109 (2)(b)(II).
(d)
"Environmental equity and cumulative impact analysis" or "EECIA" means a cumulative impact analysis for a specific geographic area of the state developed in accordance with this section.
(e)
"EPA's cumulative impact analysis recommendations" means the federal environmental protection agency's "Cumulative Impacts Research: Recommendations for EPA's Office of Research and Development", published on September 30, 2022.
(f)
"Final report of the task force" means the "Final Report of Recommendations" published by the task force on November 14, 2022.
(g)
"Local government" means a home rule or statutory city, town, city and county, or county.
(h)
"Office of environmental justice" or "office" means the office of environmental justice created in section 25-1-133.5 (1)(a).
(i)
"Task force" means the environmental justice action task force created by the general assembly in 2021 through the enactment of House Bill 21-1266.
(2)
The department shall select one or more contractors to develop two or more environmental equity and cumulative impact analyses for the state. Each EECIA:
(a)
Must cover a geographic area of the state that includes a group of mostly contiguous census block groups and other surrounding areas that meet the definition of disproportionately impacted communities;
(b)
May be conducted for a community located on the Ute Mountain Ute or Southern Ute Indian reservation only if requested by the governing body of the affected tribe and following consultation with and approval by the governing body;
(c)
Once developed, may be used by any state agency for the purpose of analyzing cumulative impacts;
(d)
Must perform a scientifically rigorous analysis that includes most of the components recommended in the final report of the task force, as reflected on pages thirteen through fifteen of the final report of the Task force;
(e)
Should identify key problems and indicators of cumulative impacts and how those problems and indicators can be avoided, minimized, and mitigated, but should not recommend solutions to individual agencies; and
(f)
Should empower agencies and local governments to score, evaluate, or compare alternative mitigation options proposed for future projects to ensure that the future projects are effective while considering potential unintended consequences.
(3)
(a)
The office of environmental justice shall select locations for the environmental equity and cumulative impact analyses and oversee the department's selection of a contractor pursuant to subsection (2) of this section.
(b)
By a deadline determined by the office and posted conspicuously on the department's website, a local government, a group of local governments, an elected official, the governing body of an affected tribe for any request within the boundaries of the Ute Mountain Ute or Southern Ute Indian reservation, a nonprofit organization, or any other interested person may submit a formal written request to the office to select a location for an EECIA . In selecting the locations for the EECIAs, the office shall:
(I)
Prioritize locations that:
(A)
Are most impacted by environmental contaminants;
(B)
Have the potential for widespread human exposure to the environmental contaminants; and
(C)
Include a greater proportion of individuals with heightened vulnerability to the environmental contaminants;
(II)
Use the Colorado EnviroScreen tool to help prioritize locations with disproportionate environmental health burdens; and
(III)
Seek input from various groups of interested stakeholders in the selection process.
(c)
In selecting the contractor for an EECIAs location selected pursuant to subsection (3)(b) of this section, the office shall:
(I)
Be transparent with regard to any selection criteria used in the selection process;
(II)
Engage stakeholders for feedback on how to design the selection process; and
(III)
For an EECIA studying any lands within the boundaries of the Ute Mountain Ute or Southern Ute Indian reservation, consult with the governing body of the affected tribe and select a contractor only with the governing body's consent.
(4)
(a)
In developing the environmental equity and cumulative impact analyses, a contractor selected pursuant to subsection (2) of this section shall, with input from interested stakeholders, set timelines and milestones for completion of an EECIA and submit the proposed timelines and milestones to the office for review and approval.
(b)
The office shall post in a conspicuous location on the department's public-facing website the approved timelines and milestones for each contractor to complete an EECIA and periodically post updates on whether each contractor has met the timelines and milestones.
(5)
A contractor selected pursuant to subsection (3)(c) of this section shall:
(a)
With oversight from the office, review existing cumulative impact analysis frameworks such as the EPA's cumulative impact analysis recommendations or frameworks from other states or jurisdictions;
(b)
Establish a process for interested stakeholders to submit input regarding an EECIA and for the contractor to review any input submitted;
(c)
Extensively engage interested stakeholders and the office throughout the EECIA development process; and
(d)
Ensure that an EECIA is crafted to be comprehensible, easy to utilize, and accessible. As used in this subsection (5)(d), "accessible" includes ensuring that the data supporting an EECIA is transparent, translated from English into the two most prevalent other languages spoken in the relevant community, and made readily available to communities.
(6)
(a)
Except as provided in subsection (6)(b) of this section, the department may solicit, accept, and expend gifts, grants, or donations from private or public sources to help finance the development of environmental equity and cumulative impact analyses pursuant to this section.
(b)
The department shall not accept gifts, grants, or donations from industry interests. As used in this subsection (6)(b), "industry interest" means an entity that currently holds or that applied to receive a permit or license from the division of administration or the hazardous materials and waste management division.
(7)
(a)
Within nine months after completing the first EECIA, the department shall prepare a report regarding the EECIA and submit the report to the house of representatives energy and environment committee and the senate transportation and energy committee, or their successor committees.
(b)
The report must include:
(I)
Recommendations for implementing the findings of the EECIA; and
(II)
Identification of any resources or steps necessary for the department or other agencies to implement the findings of the EECIA once the EECIA is developed.
(c)
In preparing the report, the department shall consult with:
(I)
The Colorado energy office created in section 24-38.5-101 (1);
(II)
The department of natural resources created in section 24-1-124 (1);
(III)
The department of agriculture created in section 35-1-103;
(IV)
The public utilities commission created in section 40-2-101 (1)(a);
(V)
The department of transportation created in section 24-1-128.7 (1); and
(VI)
Representatives of disproportionately impacted communities.
Amended by 2024 Ch. 259,§ 1, eff. 5/28/2024.
Added by 2021 Ch. 411, § 4, eff. 7/2/2021.
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.
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.