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Legislative counsel outlines Vermont’s Act 154 environmental-justice duties, mapping tool and spending reports

April 05, 2025 | Environment & Energy, HOUSE OF REPRESENTATIVES, Committees, Legislative , Vermont


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Legislative counsel outlines Vermont’s Act 154 environmental-justice duties, mapping tool and spending reports
Alan, legislative counsel, told the House Energy and Digital Infrastructure Committee on April 4 that Act 154 of 2022 established Vermont’s environmental-justice program and sets duties, definitions and timelines for multiple state agencies.

The statute (Act 154) creates a state environmental-justice policy that says no population segment should bear a disproportionate share of environmental burdens or be denied an equitable share of environmental benefits, and it requires “meaningful participation” by affected communities, Alan said. The law defines environmental benefits and burdens, and specifies the term “environmental justice focused population” using U.S. Census block-group thresholds (median household income at or below 80% of the state median, persons of color or indigenous persons at 6% or more, or at least 1% of households with limited English proficiency).

The law assigns responsibilities to covered agencies — including the Agency of Natural Resources (ANR), Transportation, Commerce and Community Development, Agriculture, Education, the Public Utility Commission, the Land Use Review Board and the Departments of Health, Public Safety and Public Service — to consider cumulative environmental burdens and access to environmental benefits when evaluating projects, permits and funding, Alan said. ANR must lead by defining cumulative environmental burdens by rule and creating an environmental-justice mapping tool by July 1, 2027. The mapping tool may incorporate federal tools such as EJScreen and state indices like the Vermont Social Vulnerability Index.

Under the statute, covered agencies must develop community engagement plans and begin posting baseline spending reports that identify where investments and resulting environmental benefits have been made geographically (to the municipal level and, if practicable, to census block groups). Draft guidance about which investments provide environmental benefits is due from ANR by Sept. 15, 2025; covered agencies must prepare baseline spending reports by Feb. 15, 2026. Beginning July 1, 2026, agencies should aim to direct investments proportionately to environmental-justice-focused populations; annual spending reports tracking benefits are required beginning in 2028.

The statute also created two advisory bodies: an Interagency Environmental Justice Committee (agency heads or designees) to coordinate implementation and an Environmental Justice Advisory Council (11 appointed members) to provide independent recommendations and review agency reports and draft rule concepts. The advisory council must review draft rulemaking concepts and proposed rules at least 45 days before those are filed with the Interagency Committee on Administrative Rules (LCAR/ICAR process); the council can vote to record support or objections but cannot block rulemaking, Alan said.

Act 181 pushed many of the original deadlines forward by two years at the advisory council’s request, Alan added. The statute also includes appropriations: $500,000 for development of the mapping tool and community outreach, and $250,000 for one civil-rights compliance director and two full‑time positions to support the environmental-justice program.

Committee members pressed for practical details: how census block-group thresholds will translate into mapping outputs and how many block groups will qualify; whether regional planning commissions or municipal zoning would be incorporated; and how agencies will implement community engagement with populations that face barriers to attending meetings. Alan said the statute focuses on state agencies and their binding funding and permitting decisions, while noting that regional planning commissions were not originally included but could be addressed in later amendments.

Why it matters: the statute changes how Vermont state agencies identify communities that have been underserved by environmental benefits and requires public posting of spending and engagement plans intended to direct future investments more proportionately. The work requires cross‑agency rulemaking, publicly posted baseline reports and a mapping tool intended for public use.

The committee did not take a formal vote on Act 154 implementation at the April 4 meeting; the briefing was informational.

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