Cumulative Impacts & Environmental Justice

The environmental justice action task force was created in the department of public health and environment (CDPHE) to develop recommendations for measures to achieve environmental justice in the state. The task force completed its work and published a final report on November 14, 2022, which report included a recommendation for the development of environmental equity and cumulative impact analyses (EECIA) in the state.

The act creates the office of environmental justice (office) in CDPHE and requires the office to oversee a process to develop at least 2 EECIAs for specific geographic locations in the state. Once an EECIA is developed, various state agencies will be able to rely on the EECIA in conducting cumulative impact analyses regarding certain activities that may result in pollution.

The office must choose as locations for the EECIAs communities that are disproportionately impacted communities, with priority given to communities that have a heightened potential for widespread human exposure to environmental contaminants. After selecting a location for an EECIA, CDPHE must contract with an academic institution or other third party to develop an EECIA. In developing an EECIA, the applicable contractor must perform a scientifically rigorous analysis that includes most of the recommendations made by the environmental justice action task force. Within 9 months after completing the first EECIA, CDPHE is required to prepare a report, which includes identifying any recommendations or resources needed for implementing the findings of the EECIA. CDPHE must submit the report to certain legislative committees.

On or before January 1, 2025, the division of administration (division) in CDPHE is required to hire a petroleum refinery regulation expert to examine whether a rule establishing petroleum refinery control regulations should be adopted by the air quality control commission and examine other regulatory or nonregulatory measures performed.

After January 1, 2025, a petroleum refinery in the state must comply with certain monitoring requirements to provide real-time emissions monitoring data to the division.

The division is required to establish a rapid response inspection team to respond quickly to air quality complaints received. Once the team is established, the team must develop processes and best practices for quickly responding to such complaints, engage in outreach to communities regarding events and conditions that lead to excess air pollution emissions in those communities, and track and report on the division's website the number of complaints filed and the formal action, if any, taken on each complaint.

$1,829,087 is appropriated from the general fund to CDPHE for implementation of the act. Of the amount appropriated:

• $310,449 is reappropriated to the department of law to provide legal services to CDPHE; and
• Up to $959,310, if not expended before July 1, 2025, is further appropriated to the division through the 2028-29 state fiscal year for implementation of the act.

APPROVED by Governor May 28, 2024

EFFECTIVE May 28, 2024
(Note: This summary applies to this bill as enacted.)