§ 6004. Implementation of State policy
(a) As used in this chapter, “covered agencies” means the following State agencies, departments,
and bodies: the Agencies of Natural Resources, of Transportation, of Commerce and
Community Development, of Agriculture, Food and Markets, and of Education; the Public
Utility Commission; the Land Use Review Board; and the Departments of Health, of Public
Safety, and of Public Service.
(b) The covered agencies shall consider cumulative environmental burdens, as defined by
rule pursuant to subsection 6005(a) of this title, and access to environmental benefits when making decisions about the environment,
energy, climate, and public health projects; facilities and infrastructure; and associated
funding.
(c) Each of the covered agencies shall create and adopt on or before July 1, 2027 a community
engagement plan that describes how the agency will engage with environmental justice
focus populations as it evaluates new and existing activities and programs. Community
engagement plans shall align with the core principles developed by the Interagency
Environmental Justice Committee pursuant to subdivision 6006(c)(2)(B) of this title and take into consideration the recommendations of the Environmental Justice Advisory
Council pursuant to subdivision 6006(c)(1)(B) of this title. Each plan shall describe how the agency plans to provide meaningful participation
in compliance with Title VI of the Civil Rights Act of 1964.
(d) The covered agencies shall submit an annual summary beginning on March 15, 2024 and
annually thereafter to the Environmental Justice Advisory Council detailing all complaints
alleging environmental justice issues or Title VI violations and any agency action
taken to resolve the complaints. The Advisory Council shall provide any recommendations
concerning those reports within 60 days after receipt of the complaint summaries.
Agencies shall consider the recommendations of the Advisory Council pursuant to subdivision 6006(c)(1)(E) of this title and substantively respond in writing if an agency chooses not to implement any of
the recommendations, within 90 days after receipt of the recommendations.
(e) The Agency of Natural Resources, in consultation with the Environmental Justice Advisory
Council and the Interagency Environmental Justice Committee, shall review the definitions
contained in section 6002 of this title at least every five years and recommend revisions to the General Assembly to ensure
the definition achieves the Environmental Justice State Policy.
(f) The Agency of Natural Resources, in consultation with the Interagency Environmental
Justice Committee and the Environmental Justice Advisory Council, shall issue guidance
on how the covered agencies shall determine which investments provide environmental
benefits to environmental justice focus populations on or before September 15, 2025.
A draft version of the guidance shall be released for a 40-day public comment period
before being finalized.
(g)(1) On or before February 15, 2026, the covered agencies shall, in accordance with the
guidance document developed by the Agency of Natural Resources pursuant to subsection
(f) of this section, review the past three years and generate baseline spending reports
that include:
(A) where investments were made, if any, and which geographic areas, at the municipal
level and census block group, where practicable, received environmental benefits from
those investments; and
(B) a description and quantification of the environmental benefits as an outcome of the
investment.
(2) The covered agencies shall publicly post the baseline spending reports on their respective
websites.
(h) On or before July 1, 2026, it shall be the goal of the covered agencies to direct
investments proportionately in environmental justice focus populations.
(i)(1) Beginning on January 15, 2028, and annually thereafter, the covered agencies shall
either integrate the following information into existing annual spending reports or
issue annual spending reports that include:
(A) where investments were made and which geographic areas, at the municipal level and
census block group, where practicable, received environmental benefits from those
investments; and
(B) the percentage of overall environmental benefits from those investments provided to
environmental justice focus populations.
(2) The covered agencies shall publicly post the annual spending reports on their respective
websites.
(j) Beginning on January 15, 2027, the covered agencies shall each issue and publicly
post an annual report summarizing all actions taken to incorporate environmental justice
into its policies or determinations, rulemaking, permit proceedings, or project review. (Added 2021, No. 154 (Adj. Sess.), § 2, eff. May 31, 2022; amended 2023, No. 181 (Adj. Sess.), § 39, eff. June 17, 2024.)