§ 6002. Definitions
As used in this chapter:
(1) “Environmental benefits” means the assets and services that enhance the capability
of communities and individuals to function and flourish in society. Examples of environmental
benefits include access to a healthy environment and clean natural resources, including
air, water, land, green spaces, constructed playgrounds, and other outdoor recreational
facilities and venues; affordable clean renewable energy sources; public transportation;
fulfilling and dignified green jobs; healthy homes and buildings; health care; nutritious
food; Indigenous food and cultural resources; environmental enforcement; and training
and funding disbursed or administered by governmental agencies.
(2) “Environmental burdens” means any significant impact to clean air, water, and land,
including any destruction, damage, or impairment of natural resources resulting from
intentional or reasonably foreseeable causes. Examples of environmental burdens include
climate change impacts; air and water pollution; improper sewage disposal; improper
handling of solid wastes and other noxious substances; excessive noise; activities
that limit access to green spaces, nutritious food, Indigenous food or cultural resources,
or constructed outdoor playgrounds and other recreational facilities and venues; inadequate
remediation of pollution; reduction of groundwater levels; increased flooding or stormwater
flows; home and building health hazards, including lead paint, lead plumbing, asbestos,
and mold; and damage to inland waterways and waterbodies, wetlands, forests, green
spaces, or constructed playgrounds or other outdoor recreational facilities and venues
from private, industrial, commercial, and government operations or other activities
that contaminate or alter the quality of the environment and pose a risk to public
health.
(3) “Environmental justice” means all individuals are afforded equitable access to and
distribution of environmental benefits; equitable distribution of environmental burdens;
and fair and equitable treatment and meaningful participation in decision-making processes,
including the development, implementation, and enforcement of environmental laws,
regulations, and policies. Environmental justice recognizes the particular needs of
individuals of every race, color, income, class, ability status, gender identity,
sexual orientation, national origin, ethnicity or ancestry, religious belief, or English
language proficiency level. Environmental justice redresses structural and institutional
racism, colonialism, and other systems of oppression that result in the marginalization,
degradation, disinvestment, and neglect of Black, Indigenous, and Persons of Color.
Environmental justice requires providing a proportional amount of resources for community
revitalization, ecological restoration, resilience planning, and a just recovery to
communities most affected by environmental burdens and natural disasters.
(4) “Environmental justice focus population” means any census block group in which:
(A) the annual median household income is not more than 80 percent of the State median
household income;
(B) Persons of Color and Indigenous Peoples comprise at least six percent or more of the
population; or
(C) at least one percent or more of households have limited English proficiency.
(5) “Limited English proficiency” means that a household does not have a member 14 years
or older who speaks English “very well” as defined by the U.S. Census Bureau.
(6) “Meaningful participation” means that all individuals have the opportunity to participate
in energy, climate change, and environmental decision-making. Examples include needs
assessments, planning, implementation, permitting, compliance and enforcement, and
evaluation. Meaningful participation also integrates diverse knowledge systems, histories,
traditions, languages, and cultures of Indigenous communities in decision- making
processes. It requires that communities are enabled and administratively assisted
to participate fully through education and training. Meaningful participation requires
the State to operate in a transparent manner with regard to opportunities for community
input and also encourages the development of environmental, energy, and climate change
stewardship. (Added 2021, No. 154 (Adj. Sess.), § 2, eff. May 31, 2022.)