Vermont Statutes Title 3 Sec. 6006
Terms Used In Vermont Statutes Title 3 Sec. 6006
- Environmental benefits: means the assets and services that enhance the capability of communities and individuals to function and flourish in society. See
- 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. See
- 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. See
- Environmental justice focus population: means any census block group in which:
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
- Meaningful participation: means that all individuals have the opportunity to participate in energy, climate change, and environmental decision making. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 6006. Environmental Justice Advisory Council and Interagency Environmental Justice Committee
(a) Advisory Council and Interagency Committee.
(1) There is created:
(A) the Environmental Justice Advisory Council (Advisory Council) to provide independent advice and recommendations to State agencies and the General Assembly on matters relating to environmental justice, including the integration of environmental justice principles into State programs, policies, regulations, legislation, and activities; and
(B) the Interagency Environmental Justice Committee (Interagency Committee) to guide and coordinate State agency implementation of the Environmental Justice State Policy and provide recommendations to the General Assembly for amending the definitions and protections set forth in this chapter.
(2) Appointments to the groups created in this subsection shall be made on or before December 15, 2022.
(3) Both the Advisory Council and the Interagency Committee shall consider and incorporate the Guiding Principles for a Just Transition developed by the Just Transitions Subcommittee of the Vermont Climate Council in their work.
(b) Meetings. The Advisory Council and Interagency Committee shall each meet not more than eight times per year, with at least four meetings occurring jointly. Meetings may be held in person, remotely, or in a hybrid format to facilitate maximum participation and shall be recorded and publicly posted on the Secretary’s website
(c) Duties.
(1) The Advisory Council shall:
(A) advise State agencies on environmental justice issues and on how to incorporate environmental justice into agency procedures and decision making as required under subsection 6004(b) of this title and evaluate the potential for environmental burdens or disproportionate impacts on environmental justice focus populations as a result of State actions and the potential for environmental benefits to environmental justice focus populations;
(B) advise State agencies in the development of community engagement plans;
(C) advise State agencies on the use of the environmental justice mapping tool established pursuant to section 6008 of this title and on the enhancement of meaningful participation, reduction of environmental burdens, and equitable distribution of environmental benefits;
(D) review and provide feedback to the relevant State agency, pursuant to subsection 6005(c) of this title, on any proposed rules for implementing this chapter; and
(E) receive and review annual State agency summaries of complaints alleging environmental justice issues, including Title VI complaints, and suggest options or alternatives to State agencies for the resolution of systemic issues raised in or by the complaints.
(2) The Interagency Committee shall:
(A) consult with the Agency of Natural Resources in the development of the guidance document required by subsection 6004(g) of this title on how to determine which investments provide environmental benefits to environmental justice focus populations; and
(B) on or before July 1, 2023, develop, in consultation with the Agency of Natural Resources and the Environmental Justice Advisory Council, a set of core principles to guide and coordinate the development of the State agency community engagement plans required under subsection 6004(d) of this title.
(3) The Advisory Council and the Interagency Committee shall jointly:
(A) consider and recommend to the General Assembly, on or before December 1, 2023, amendments to the terminology, thresholds, and criteria of the definition of environmental justice focus populations, including whether to include populations more likely to be at higher risk for poor health outcomes in response to environmental burdens; and
(B) examine existing data and studies on environmental justice and consult with State, federal, and local agencies and affected communities regarding the impact of current statutes, regulations, and policies on the achievement of environmental justice.
(d) Membership.
(1) Advisory Council. Each member of the Advisory Council shall be well informed regarding environmental justice principles and committed to achieving environmental justice in Vermont and working collaboratively with other members of the Council. To the greatest extent practicable, Advisory Council members shall represent diversity in race, ethnicity, age, gender, urban and rural areas, and different regions of the State. The Advisory Council shall consist of the following 11 members, with a goal to have more than 50 percent residing in environmental justice focus populations:
(A) the Director of Racial Equity or designee;
(B) the following members appointed by the Committee on Committees:
(i) one representative of municipal government;
(ii) one representative of a social justice organization;
(iii) one representative of mobile home park residents;
(C) the following members appointed by the Speaker of the House:
(i) one representative who resides in a census block group that is designated as an environmental justice focus population;
(ii) one representative of an organization working on food security issues;
(iii) one representative of immigrant communities in Vermont;
(iv) one representative of a statewide environmental organization;
(D) one representative of a State-recognized Native American Indian tribe, recommended and appointed by the Vermont Commission on Native American Affairs;
(E) the Executive Director of the Vermont Housing and Conservation Board or designee; and
(F) the Chair of the Natural Resources Conservation Council or designee.
(2) Interagency Committee. The Interagency Committee shall consist of the following 11 members:
(A) the Secretary of Education or designee;
(B) the Secretary of Natural Resources or designee;
(C) the Secretary of Transportation or designee;
(D) the Commissioner of Housing and Community Development or designee;
(E) the Secretary of Agriculture, Food and Markets or designee;
(F) the Commissioner of Health or designee;
(G) the Director of Emergency Management or designee;
(H) the Commissioner of Public Service or designee;
(I) the Director of Racial Equity or designee;
(J) the Chair of the Natural Resources Board or designee; and
(K) the Chair of the Public Utility Commission or designee.
(3) Co-chairs. The Advisory Council and the Interagency Committee may each elect two co-chairs.
(4) Terms. After initial appointments, all appointed members of the Advisory Council shall serve six-year terms and serve until a successor is appointed. The initial terms shall be staggered so that one third of the appointed members shall serve a two-year term, another third of the appointed members shall serve a four-year term, and the remaining members shall be appointed to a six-year term.
(5) Vacancies. Vacancies of the Advisory Council shall be appointed in the same manner as original appointments.
(6) Assistance. The Advisory Council shall have the administrative, technical, and legal assistance of the Agency of Natural Resources.
(7) Members of the Advisory Council who are not State employees shall be entitled to per diem compensation and reimbursement of expenses for each day spent in the performance of their duties, as permitted under 32 V.S.A. § 1010. These payments shall be made from monies appropriated to the Agency of Natural Resources. (Added 2021, No. 154 (Adj. Sess.), § 2, eff. May 31, 2022; amended 2023, No. 6, § 9, eff. July 1, 2023; 2023, No. 78, § E.700, eff. July 1, 2023.)