2022 Colorado Code
Title 24 - Government - State
Article 4 - Rule-Making and Licensing Procedures by State Agencies
Part 1 - General
§ 24-4-109. State Engagement of Disproportionately Impacted Communities - Definitions - Repeal

1. Goal. The goal of outreach to and engagement of disproportionately impacted communities is to build trust and transparency, provide meaningful opportunities to influence public policy, and modify proposed state action in response to received public input to decrease environmental burdens or increase environmental benefits for each disproportionately impacted community.
2. Definitions.
   1. 1. The environmental justice action task force created in section 25-1-133 will recommend to the general assembly potential modifications to the definitions established in this subsection (2). The definitions established in this subsection (2) apply unless and until the general assembly acts by bill to modify one or more of the definitions.
      2. This subsection (2)(a) is repealed, effective September 1, 2024.

   2. As used in this section and sections 25-1-133, 25-1-134, and 25-7-105 (1)(e), unless the context otherwise requires:
      1. "Agency" means the air quality control commission created in section 25-7-104.
      2. "Disproportionately impacted community" means a community that is in a census block group, as determined in accordance with the most recent United States census, where the proportion of households that are low income is greater than forty percent, the proportion of households that identify as minority is greater than forty percent, or the proportion of households that are housing cost-burdened is greater than forty percent; or is any other community as identified or approved by a state agency, if: The community has a history of environmental racism perpetuated through redlining, anti-Indigenous, anti-immigrant, anti-Hispanic, or anti-Black laws; or the community is one where multiple factors, including socioeconomic stressors, disproportionate environmental burdens, vulnerability to environmental degradation, and lack of public participation, may act cumulatively to affect health and the environment and contribute to persistent disparities. As used in this subsection (2)(b)(II), "cost-burdened" means a household that spends more than thirty percent of its income on housing, and "low income" means the median household income is less than or equal to two hundred percent of the federal poverty guideline.
      3. "Proposed state action" means:
         1. Rule-making proceedings held pursuant to section 24-4-103;
         2. Licensing proceedings, including the issuance and renewal of permits, held pursuant to section 24-4-104; and
         3. Adjudicatory hearings held pursuant to section 24-4-105.

3. Engagement.
   1. To promote the goal of state engagement of disproportionately impacted communities, an agency shall strive to create new ways to gather input from communities across the state, using multiple languages and multiple formats and transparently sharing information about adverse environmental effects from its proposed state action.
   2. When conducting outreach to and engagement of disproportionately impacted communities regarding a proposed state action, the agency shall:
      1. Schedule variable times of day and days of the week for opportunities for public input on the proposed state action, including at least one weekend time, one evening time, and one morning time for public input;
      2. Provide notice at least thirty days before any public input opportunity or before the start of any public comment period;
      3. Utilize several different methods of outreach and ways to publicize the proposed state action, including disseminating information through schools, clinics, social media, social and activity clubs, local governments, tribal governments, libraries, religious organizations, civic associations, community-based environmental justice organizations, or other local services;
      4. Provide several methods for the public to give input, such as in-person meetings, virtual and online meetings, online comment portals or e-mail, and call-in meetings;
      5. Consider using a variety of locations for public input on the proposed state action, including meeting locations in urban centers, in neighborhoods whose populations are predominantly Black, Indigenous, or people of color and have an average income below the state's average, and in rural locations in various regions of the state; and
      6. Create outreach materials concerning the proposed state action in layperson's terms, translated into the top two languages spoken in a community, that inform people of opportunities to provide input on the proposed state action, their rights, the possible outcomes, and the upcoming public input process.

4. The division of parks and wildlife created in section 33-9-104 shall, in conducting public outreach regarding the keep Colorado wild pass pursuant to section 33-12-108 (7):
   1. Include outreach to and engagement of disproportionately impacted communities with a goal to build trust and transparency, provide meaningful opportunities to influence public policy, and modify proposed state action in response to public input received to decrease environmental burdens or increase environmental benefits for each disproportionately impacted community; and
   2. Engage disproportionately impacted communities in accordance with the procedures set forth in subsection (3) of this section.

Source: L. 2021: Entire section added, (HB 21-1266), ch. 411, p. 2725, § 3, effective July 2; (4) added, (SB 21-249), ch. 273, p. 1587, § 2, effective September 7.

Editor's note: (1) Section 24 of chapter 411 (HB 21-1266), Session Laws of Colorado 2021, provides that the act adding this section applies to conduct occuring on or after July 2, 2021.

(2) Section 11(3) of chapter 273 (SB 21-249), Session Laws of Colorado 2021, provides that the act adding subsection (4) of this section applies to conduct occuring on or after September 7, 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.