Promising Environmental Justice Legislation in 2021

As we look forward to Georgia’s 2022 legislative session, it is critical to prioritize action on environmental justice. Low-income residents and people of color in Georgia already experience disproportionately the effects of pollution, climate change, and energy burden, demanding our efforts. Black Georgians are more likely to live near coal ash plants that are polluting groundwater as well as nuclear power plants. These facilities have caused real harm: between 1987 and 2003, an expansion of nuclear power was associated with a 30 percent increase in the cancer death rate in Burke County for Black residents while the national average declined four percent. 

Additionally, Georgia’s power plants as a whole are the “8th most polluting in the country,” representing 46 percent of statewide emissions. The climate impacts caused by these emissions, including extreme heat, severe drought, wildfires, sea level rise, flooding, and more intense hurricanes, will again be largely felt by the state’s most vulnerable residents. Black and low-income residents of Atlanta also experience the third highest energy burden in the country, meaning that they pay an extremely large percentage of their income towards energy costs. 

Luckily, Georgia state and federal politicians have noticed the difficulties facing their communities and proposed promising new pieces of legislation. One such bill is HB432, also known as the Georgia Environmental Justice Act of 2021. This bill provides for the creation of an Environmental Justice Commission with 22 members representing “the civil rights community,” environmental grassroots organizations, municipal and county governments, businesses, colleges and universities, rural areas, and various affected demographics. 

This commission would prepare a report detailing the health impacts of major target facilities on nearby communities, review past EPA and other agency actions concerning environmental health, review factors leading to environmental threats being largely isolated to low-income and Black neighborhoods, and examine current zoning laws that might lead to environmental injustice. In addition, the commission would have the power to examine and recommend new studies and methodologies, determine whether enforcement standards are being applied unequally, and recommend new policies and outreach programs relating to environmental justice. These high hopes conclude with a powerful statement that “No group of people shall be forced to shoulder a disproportionate share of negative environmental hazards due to a lack of political or economic strength.” 

Clearly, HB432 is a large step in the right direction concerning environmental justice issues in Georgia, addressing past and present obstacles to progress while providing the Commission the necessary resources to make important changes. Unfortunately, this bill did not make it out of its House committee due to opposition from Republican state representatives. Nevertheless, the bill is likely to be reintroduced in following sessions, and is certainly worth considering as the political landscape of Georgia changes. 

On the national level, the theme of a lack of information about environmental justice issues is being addressed with the introduction of S101, also known as the Environmental Justice Mapping and Data Collection Act of 2021. This bill recognizes the lack of a “cohesive and consistent strategy” on the part of the federal government to address environmental justice issues and also notes that there is no nationally consistent method of identifying frontline or “environmental justice” communities for additional governmental support. S101 defines these environmental justice communities for the moment as those which are disproportionately affected by environmental and health hazards “as a result of systemic injustices relating to factors that include race and income.” The bill also establishes an Environmental Justice Mapping Committee with representatives from a wide variety of government organizations and agencies. Under this committee would be an advisory council consisting of environmental justice organizers and frontline community members that would have the power to make public recommendations to the Committee.

This committee would establish a concrete numerical way of defining environmental justice communities as well as collect data to be stored in a new national environmental justice data repository. By identifying relevant gaps in the data, this bill would pave the way for additional studies and help collect important information to inform future government and nonprofit environmental justice action. While S101 has not yet been called for a vote on the House or Senate floors, it is another crucial step in the right direction regarding environmental justice issues in America. HB432 and SB101 have the potential to do a world of good for frontline and vulnerable communities, making it all the more important that we fight to elect representatives who care about environmental justice and work towards passing these and other similar policies.

Sources in order of links: 

Southern Environmental Law Center (SELC). (2019, August 6). New reports confirm Georgia Power's coal ash pits are submerged in groundwater. Retrieved November 30, 2020, from https://www.southernenvironment.org/news-and-press/news-feed/new-reports-confirm-georgia-powers-coal-ash-pits-are-submerged-in-groundwater. 

Tatum, G. (2018, March 6). The $29 billion nuclear boondoggle that's poisoning Black communities. Scalawag Magazine. Retrieved December 01, 2020, from https://scalawagmagazine.org/2018/03/the-29-billion-nuclear-boondoggle-thats-poisoning-black-communities/.

Gayer, J. (2013, September 19). Plant Scherer #1 Largest Carbon Polluter in the Country. Environment Georgia. Retrieved December 01, 2020, from https://environmentgeorgia.org/news/gae/plant-scherer-1-largest-carbon-polluter-country. 

Climate Reality Project (CRP). (2018, September 28). How Does Climate Change Affect Georgia? Retrieved December 02, 2020, from https://climaterealityproject.org/blog/how-does-climate-change-affect-georgia.

Drehobl, A., Nowak, S., & Gilleo, A. (2017, October 24). Making a Difference: Strategies for Successful Low-Income Energy Efficiency Programs. Retrieved November, 2020, from https://www.aceee.org/research-report/u1713 

The two bills are linked from Legiscan and Congress.gov.