A Vermont Senate committee is finalizing what supporters hope will give underrepresented groups a greater role in shaping environmental policies.
The bill would establish an environmental justice population and set funding targets for state agencies. It also creates an advisory council to raise the voices of low-income residents, people with disabilities, and non-English speakers. This is a revised version of a bill that was introduced in the state Senate last spring.
We wanted to answer the question: How does Vermont’s environmental justice look? Jennifer Byrne, a fellow from Vermont Law Schools Environmental Justice Clinic, helped to write the bill.
The bill refers to a Center for American Progress StudyIt was found that 76% of Vermont’s Black, Indigenous, and People of Color live in nature-deprived census tracts. ResearchAccording to the University of Vermont, mobile homes are more likely than permanent structures that are located in flood hazard zones. In addition, mobile homes in Vermont were severely damaged by Tropical Storm Irene in 2011.
Since 2017, Byrne, along with others from the REJOICE project Rural Environmental Justice Opportunities Informed By Community Expertise, have been speaking with members of these and other communities to determine the greatest environmental challenges they face. The bill also mentions flooding as a key area of concern. Access to fresh food, energy affordability, and information in other languages are all areas of concern.
Byrne stated that the bill is even more crucial to pass because of climate change. She said that new funding for things such as weatherization and electric cars may only benefit those who have the resources and experience to apply for assistance.
These are vastly different experiences we were having in Vermont, and theyre only going get worse, said Sen. Kesharam Hinsdale who introduced the bill lastyear. Since more than a decade, she has been working to increase awareness of environmental justice in Vermont.
She said that the amount of discussion has increased over this time. EJScreen is a federal map tool that can be used for showing environmental hazards geographically. Data collection has become easier thanks to it. Ram Hinsdale stated that George Floyd’s murder in 2020 has raised awareness about the fact Vermonters of color are more likely not to be eligible for many services.
Ram Hinsdale stated that Vermont has always taken pride in its environmental achievements. This has been a barrier to acknowledging challenges. We are finally coming together to see that even though we are a green state, there are still disparities.
The bill’s supporters say it will hold the agencies accountable for providing fair resources to communities. The bill states that Vermont’s lack of a clear policy on environmental justice has led to a fragmented approach to understanding and addressing the issue. This has led to inequitable distribution of environmental benefits and costs.
The BillThe Senate Committee on Natural Resources and Energy is expected to approve the bill as soon as Thursday. It defines environmental justice as ensuring that all people have equal access to and are able to share in the benefits of the environment; equitable distribution of the environmental burdens; fair and equitable treatment and meaningful involvement in decision-making processes; and the creation, implementation and enforcement of environmental laws and regulations.
An environmental justice population is any census block group whose annual median income is not more than 80% of the state’s median household income. People of color and Indigenous people are at least 6% of the population. Or, 1% or fewer households have limited English proficiency.
The bill would require that many state agencies, including Agency of Natural Resources and Agency of Transportation, as also the Public Utility Commission, and Department of Public Service, consider the bill. Cumulative environmental burdensWhen making decisions about climate, energy and other areas. They must adhere to Title VI of the federal Civil Rights Act which prohibits discrimination based upon race, color, national origin, in federal programs that receive federal funds.
They must also create community engagement plans to include environmental justice populations in the evaluation of new and existing programs. The Agency of Natural Resources is responsible for developing a mapping tool to aid in measuring environmental burdens. The agencies should set a goal to invest their funds so that environmental justice population receives 55% of all environmental benefits. The amount is calculated using the definition of an environmental justice population, which includes 52% of Vermonts total population. This overlaps with the Biden administrations definitions of disadvantaged communities in its Justice40 initiative.)
The bill would create two new committees to oversee environmental policy development. The Interagency Environmental Justice Committee will be made up of agency leaders. It will provide guidance on how agencies should create community engagement programs and determine funding distribution.
The Environmental Justice Advisory Council will be made up of individuals from outside the state and serve as a consultative body for lawmakers and agencies developing environmental policies. More than half the 17-member council members would have to be residents of environmental justice communities. They would include representatives of social justice organisations, mobile home park advocates, members of Native American Indian tribes, and representatives from immigrant community.
These two committees will help the state update its definition of the environmental justice population through their work. Byrne stated that she anticipates that it will be modified as the state agencies and council hear from members of the community.
According to many, the creation and passage of the bill was relatively easy, with all the state agency officials, legislators, advocates, and others working together. Byrne said this was due to the long-standing relationship between Agency of Natural Resources, and the REJOICE team.
As the Senate committee nears its completion, one of the key questions is how much power the advisory board will have in shaping policy.
Byrne and others would like to see a procedure in the bill that allows the advisory board to vote on rules proposed pursuant to this policy. She stated that it would not stop policies from being approved. It would allow rulemaking committees to be informed by the council if a rule has been approved and allow them consult with the advisory committee.
She said that there are no additional rights. She stated that this would only increase public participation in the rulemaking process. Elena Mihaly (Vice President of Conservation Law Foundations Vermont Chapter), who helped to write the bill, stated that advocates would try to get it in when it goes before the House, if it fails to make it through the Senate.
Although the bill’s drafting process was relatively smooth, it is not certain that it will pass. After it has passed the current Senate committees, Mihaly indicated that it will now go to the Appropriations and then the full Senate. The bill would then go through the House in a similar fashion.
Mihaly stated that it is essential that Vermont has an environmental justice program. She said that while there are differences in some details, I haven’t met anyone in Vermont who doesn’t believe this is necessary.
Sebbi Wu, climate advocate at Vermont Public Interest Research Group, stated that codifying environmental justice into law would be a great first step in getting the state to address the issues outlined in the bill. He is also a member the Vermont Renews BIPOC Advisory Council, and was involved in discussions about the bill, including the definitions of environment justice and environmental justice population.
Wu stated that it is crucial to give vulnerable communities the power of influence over policy. People with lived experience, Wu said, are better at their jobs than policymakers.
Like others, he stressed that the bill is only a first step. It will show Vermont’s distribution of environmental justice-focused work and will allow communities to be involved in this work. He noted that equity must still be considered when developing other policies, including transportation, weatherization at scale, and the clean heat standard, which are all currently under discussion in the legislature.
He said that while the bill covers many agencies and possible policies, it won’t automatically ensure they consider equity. We can’t walk and chew gum simultaneously.
