State office previews new petition process for Environmental Justice designation

Deputy Director Caroline Lamo Moin of the Office of Environmental Justice introduced a draft petition process that would give communities a formal pathway to request designation as Environmental Justice (EJ) populations. The proposal lays out a five‑step process and revised criteria intended to make designations more accessible to communities that experience disproportionate environmental harms.

"La petición debe tener la involucración de al menos 10 residentes del área geográfica que están buscando esta designación como población de justicia ambiental," Caroline Lamo Moin said, summarizing the first step in the proposal. Under the draft, the secretary would have 45 days for an initial review to determine whether a petition meets the baseline criteria; if it proceeds, the council would hold a public hearing, and the secretary would issue a final decision within 60 days of that hearing.

The presentation traced the policy’s evolution from the 2002 EJ definition (which used census blocks and a 65%‑of‑state median income threshold) through 2021 changes that layered race+income criteria and provided tools to identify smaller, neighborhood‑scale areas. Commissioner Stacy Ruben and panelists highlighted past mapping efforts and an executive‑order driven push to update protections.

Council members tested how the rules would operate in practice. Asked why the draft requires a public hearing at least five miles from the petition area, members said the distance was intended to broaden participation but acknowledged it could be impractical in rural regions. Dr. Marcos Luna explained the mapping baseline: "las unidades del censo son determinadas... típicamente yo diría que tiene más o menos 2,500 3000 personas," noting census block‑group sizes vary widely and can complicate one‑size‑fits‑all rules.

Panelists said the secretary could consider additional evidence beyond the standard census thresholds — including pollution indicators and documented community impacts — when a petition area does not fit the numeric criteria. The draft also allows communities to refile a petition after one year if a prior petition is not approved.

Why it matters: Formalizing a petition process creates a transparent mechanism for communities to seek EJ protections, which can affect state review of permits, grant priorities and outreach. Council members asked the office to clarify the 5‑mile hearing radius, how to treat mixed‑income census blocks, and what technical tools (for example, MS mapping tools) staff would use to evaluate environmental burden.

Next steps: Staff said the packet and draft regulations are for introduction and that the public and council will have future opportunities to comment as the regulations are finalized.