Emerging Laws and Policies for Improved Climate Resilience and Increased Health Equity
February 8, 2024
Overview
In response to ongoing extreme weather events and climate-related threats, there is an increasing urgency to enact laws and policies that address the negative health impacts of climate change and that equip communities with the resources and protections they need to adapt. In 2024, the Network will be monitoring state legislative activity for bills and enacted laws that will either advance or hinder climate mitigation and adaptation.
In response to ongoing extreme weather events and climate-related threats, there is an increasing urgency at every level of government to enact laws and policies that address the negative health impacts of climate change and that equip communities with the resources and protections they need to adapt. Knowledge of how states are utilizing legislative action to address climate change can be a valuable tool for policymakers and public health advocates to protect their communities.
In 2024, the Network will be monitoring state legislative activity for bills and enacted laws that will either advance or hinder climate mitigation and adaptation. Our aim is to track bills and enacted laws that will not merely reduce emissions of carbon dioxide, methane, hydrofluorocarbons, and other climate “super-pollutants,” but that will lessen the human health impacts of climate change, and that seek to do so by focusing on the front-line communities that are already experiencing the most severe health impacts of climate change.
Conversely, we will also track bills and laws that would make communities more (rather than less) exposed to the adverse impacts of climate change and severe weather. Knowing overall legislative trends, including bills and laws that would negatively impact climate health protections, can provide important insights and help public health and community leaders to identify and ideally prevent potential unintended consequences.
Partly informed by innovative laws passed in recent years, the types of bills and laws we expect to monitor for emerging trends and innovative approaches include:
Clean Energy Laws and Renewable Energy Standards
Clean energy laws and renewable energy standards provide incentives or requirements for energy utilities to transition away from fossil fuels to renewable energy sources. They can ameliorate health disparities by hastening the closure of coal-fired power plants in front-line communities, and by encouraging siting renewable energy facilities and job-training programs in front-line communities. Michigan and Minnesota passed new clean energy laws in 2023, and New York continues to take steps in implementing its clean energy laws.
Building Performance Standards
Building performance standards are requirements that may be adopted at the state or local level, most frequently to limit carbon emissions from buildings, increase energy efficiency, and reduce water use intensity, whether in existing buildings or new construction. A growing number of jurisdictions are adopting building performance standards with a racial equity lens, by taking community-engaged and evidence-based steps to attempt to prevent climate gentrification and to identify which buildings will be covered by the standards, and which buildings will be exempt or be offered assistance to comply.
Health and Safety Protections for Outdoor Workers
A handful of states have taken steps to protect outdoor workers from extreme heat, and at least one state has taken action to protect indoor workers from extreme heat. After the hottest summer on record in 2023, this trend may continue in 2024.
Access to Air Conditioning and Cooling for Vulnerable Populations
In addition to the health risks of occupational exposures to extreme heat; which are themselves distributed inequitably based upon race, ethnicity, and immigration status; there are health risks associated with lack of access to air conditioning and cooling in one’s home, including for residents of affordable housing and other renters, prisoners, and farmworkers and their families who live in farmworker housing. In 2023, the state of Illinois passed an innovative law which sets forth requirements for when affordable housing must provide access to air conditioning or cooling to residents.
Protections for Wetlands
Following a U.S. Supreme Court decision in 2023 which found that wetlands were not subject to regulation under the Clean Water Act, states may take legislative action to protect wetlands.
Prioritizing Corrective Measures or Funding for Efforts to Address Climate Impacts in the Most-Affected Communities
Minnesota passed a law to increase the ability to address the cumulative impacts of pollution from multiple sources. This may increase health equity by creating a legal pathway to address serious environmental impacts through means such as denying permits or requiring community benefit agreements for proposed projects. Washington state’s HEAL Act prioritizes front-line communities to receive funding for environmental and climate justice initiatives in order to address disproportionate burdens of pollution and extreme weather.
Preemption of Local Laws to Increase Climate Resilience
In some states, local governments may be eager to adopt local laws to increase climate resilience, while the state government takes steps to preempt those laws, or to take away the authority for those local governments to act in that manner.
We anticipate providing an update on the most promising and concerning legislative developments related to climate and health equity later in 2024. Please contact us with legislative updates if innovative laws to increase climate resilience and climate justice are introduced, adopted, or blocked in your jurisdiction, or if you are interested in learning more about whether a particular emerging legal strategy has met with success in any jurisdiction.
This post was written by Jill Krueger, Director, Climate and Health, Network for Public Health Law.
The Network for Public Health Law provides information and technical assistance on issues related to public health. The legal information and assistance provided in this document do not constitute legal advice or legal representation. For legal advice, readers should consult a lawyer in their state.
Support for the Network is provided by the Robert Wood Johnson Foundation (RWJF). The views expressed in this post do not represent the views of (and should not be attributed to) RWJF.