DAC Version 3 Update: State Laws and Policies Regarding the Definition of Disadvantaged Communities and Prioritization of Funding to DACs - Instructions for Phase 3
Project Overview:
In September 2022, Lawyers for Good Government (“L4GG”) published the Disadvantaged Communities (DAC) Report. This report is a 50-state survey that also includes Washington, DC and Puerto Rico. This area of the law is rapidly shifting at the state level and new laws are being proposed annually. An update is particularly timely at this juncture due to the Trump Administration largely abrogating its responsibility to protect the environment and disadvantaged communities. As such, states have an opportunity to help bridge the gap left behind by the federal government—and are endeavoring to mark that evolution—as well as identify model policies that can be expanded to other states.
This project builds on Phase 1 and 2, which updated and expanded former research and extended the research to all states and territories.
SUBSTANTIVE BACKGROUND INFORMATION FOR PARTS 1 and 2:
State law on equity, climate justice, and the definition of what it means to be a DAC has been developing for several years. Phase 3 will delve into three discrete topics - transportation justice, utility affordability, and data centers. These topics all heavily dovetail with disadvantaged communities and environmental justice communities, as those areas are likely to be disproportionately faced with siting of facilities like data centers and are more likely to face transportation injustice and utility bills that are a significant portion of their income. As you research, answers to the questions below will come from a variety of sources. This includes:
(1) State Statutes;
(2) Administrative Rules (aka ”state regulations” or “secondary legislation”);
(3) Formal Policy Documents (e.g., State Revolving Fund Intended Use Plan (“IUP”));
(4) Informal Guidance; and
(5) Agency Practices.
Unlike earlier phases, this will be much more focused in terms of topic area - with agency research focused on transit-focused agencies, utility commissions (or similar) and planning entities.
Instructions for Participating Attorneys:
Review the Research Questions.
Before accessing the form, we recommend that you review all the research questions as formatted at the bottom of this document. Note that not all of the questions will be visible on the submission form unless you provide a certain response (e.g., “yes” to a yes or no prompt). Reviewing the previous version of the DAC Report can be helpful as well.
Conduct Your Research.
We have provided research tools for you to use below.
Compile Your Research.
We recommend that during the legal research process, you gather your findings in a Word or Google document prior to completing the online form.
Citations
Please include citations and links for your answers when possible.
When citing existing legislation, please use Justia’s suggested universal citation for consistency. See here for a link to an example of Justia’s Universal Citation.
When citing to proposed legislation, please cite to the state legislature’s website.
Submit Your Research.
Once you have completed your research, please copy and paste your findings into the corresponding fields using this online form.
Please try to submit the completed form online by Monday, May 18, 2026. If you are unable to complete by May 18, or have signed up to assist after the April 14, 2026 training, please reach out to Jonathan Dinerstein (jonathan@L4GG.org) to discuss when you can submit your research.
Please check your answers for accuracy before pressing “Submit.”
Note: L4GG strongly prefers that a single attorney be responsible for filling out one form per state.
Questions? Email Jonathan@L4GG.org.
Tools:
As you conduct your research, we recommend you consult the following resources:
Your Westlaw or Lexis account, or your preferred tool for researching a state’s code and case law
Capitol Watch (a Westlaw product that tracks legislation) or Lexis Advance for any questions related to whether there has been new or proposed state level legislation.
Justia (a publicly available resource of the state codes of each jurisdiction, so that legislators and advocates can quickly view the state code without hitting a Westlaw or Lexis paywall, however it does not include Westlaw or Lexis’s keycite or red flags to show if there is superseding case law)
Google Scholar—Case Law (a publicly available resource of federal and state case law, so that legislators and advocates can quickly view the state code without hitting a Westlaw or Lexis paywall, however it does not include Westlaw or Lexis’s keycite or red flags to show if there is superseding case law)
Existing Research/Background Documents That May Provide Helpful Background About Your State:
RESEARCH QUESTIONS:
(PLEASE REMEMBER TO INCLUDE CITATIONS AND LINKS WHEN AVAILABLE FOR EACH OF YOUR ANSWERS)
For your assigned state, please answer the following questions:
Transportation Justice
Proximity to Effective Transportation Solutions
[1] Are there policies, regulations, or statutes that require transit within a certain distance (e.g., 1 mile) of majority low-income/disadvantaged neighborhood centers? If yes,
[1a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[2] Are there policies, regulations, or statutes that require sufficient infrastructure to make walking to a transit stop feasible in low-income/disadvantaged neighborhood centers? If yes,
[2a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[2b]Are there requirements for sidewalks, pedestrian infrastructure and safe crossings near transit stops?
[3] Are transit agencies required by policy, regulation, or statute to conduct an equity impact assessment before service cuts? If yes,
[3a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[4] Do transit services have to be compliant with the Americans with Disabilities Act (ADA) or an equivalent law? If yes,
[4a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[5] Are there policies, regulations, or statutes that require streets to be designed with safety measures for all and designed to accommodate multiple use cases (i.e. bikers, pedestrians, cars, etc.)? These are also called “Complete Streets” statutes. If yes,
[5a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
Affordability
[6] Are there policies, regulations, or statutes that require state and/or city transit providers to provide discounted transit cards or similar programs for particular income brackets? If yes,
[6a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[6b] How are beneficiaries of state low-income programs determined? (e.g., income, location/regional)
[6c] Are individuals on SNAP, Medicaid or other state low-income programs prioritized or automatically enrolled in discounted transit programs?
[7] Are there any discounted transit cards or similar programs that transit providers offer that are not required by policy, regulation, or law? If yes,
[7a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[8] Are there any state level protections against punitive fare enforcement (e.g., prison time for fare evasion)? If yes,
[8a]Please briefly summarize and provide a citation and public link to the law/regulation/policy.
Safety and Dignity
[9] Do the state’s transit systems have dedicated security to ensure safety? If yes,
[9a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[9b] Do only certain transit systems have security (e.g., subway/light rail but not buses)?
[9c] Do the security teams report to traditional law enforcement? If no,
[9ci] Who do they report to (or which governmental entity oversees/includes the security force)?
[10] Are there any policies, regulations, or statutes that require bus stations/transit stops to have overhead lighting? If yes,
[10a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[11] Are there any policies, regulations, or statutes that require bus stations/transit stops to have heating when the temperature is below a certain number (or for a specific part of the year)? If yes,
[11a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[12] Are there any policies, regulations, or statutes that require bus stations/transit stops to have air conditioning, fans or some sort of cooling when the temperature is above a certain number (or for a specific part of the year)? If yes,
[12a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[13] Does the state have a Vision Zero statute or similar policy? (Vision Zero is a global effort to end traffic deaths.) If yes,
[13a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[13b] Do those statutes have mandates to incorporate or prioritize areas that have less safety infrastructure (e.g. fewer visible crosswalks, fewer sidewalks)?
[14] Are transit systems required by policy, regulation, or statute to prioritize or allocate a certain percentage of funding to facilitate safe routes to schools? If yes,
[14a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[15] Does the state agency responsible for transit security have policies that include civil rights protections (e.g. are transit police required to act in a non-discriminatory way)? If yes,
[15a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
Mitigation of Historical Redlining
[16] Are there prohibitions in place on expanding highways that cut through marginalized communities? If yes,
[16a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[17] Is there prioritization on funding transit over highway expansion? If yes,
[17a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[17b] What percent of funding goes to transit versus highway expansion?
[18] Is environmental justice embedded in state National Environmental Policy Act (NEPA) analogues/state permitting statutes (as applicable)? If yes,
[18a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
Investment in clean transportation solutions
[19] Do any state/utility/etc. electric vehicle (EV) programs have a dedicated percentage of funds that must go into disadvantaged/low-income areas or populations? If yes,
[19a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[19b] Please describe the program and who runs/administers/funds it (state, utility, etc.)
[20] Do any state/utility/etc. EV programs require a certain percentage of charging stations to be put into disadvantaged/low-income areas? If yes,
[20a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[20b] Please describe the program and who runs/administers/funds it (state, utility, etc.).
[21] Are there EV rebates/tax credits specifically for low-income and disadvantaged communities or individuals? If yes,
[21a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[22] Do state/city transit agencies prioritize placement of hybrid/zero-emission buses in disadvantaged/marginalized communities? If yes,
[22a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
Utility Affordability
Electricity/Energy
[23] Are there any state programs or policies that provide energy/electricity bill mitigation for low-income or disadvantaged consumers? If yes,
[23a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[23b] How does the program or policy identify consumers or disadvantaged consumers (e.g., income, location/region, seasonal)?
[23c] Do consumers qualify as disadvantaged/low-income/otherwise benefit automatically if they are receiving another form of state or federal assistance (e.g., Medicaid, SNAP)? If yes,
[23ci] Please specify which assistance automatically qualifies a consumer and what, if anything, is required to prove receipt of that assistance.
[23d] How does the benefit flow to the consumers (e.g., direct payments, reduced bill amounts, future credits)?
[23e] Do the benefits flow through the utility (i.e. are reductions made on the utility bill)?
[23f] Does the state (and/or the utility) track the benefits or otherwise collect data on the program? if yes,
[23fi] Is that data publicly accessible?
[24] Are there any state programs or policies that subsidize or otherwise reduce costs at the utility level? (i.e., the utility receives the benefit) If yes,
[24a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[24b] Under what circumstances are those cost reductions provided?
[24c] Is there any mechanism or way for the state to ensure the benefits eventually get to the consumers?
[25] Are there any green/renewable energy credits or similar programs? If yes,
[25a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[25b] Are they targeted towards (or are there any additional benefits) for any specific class of consumers (e.g., income, location/region)?
[26] Are there any state programs or policies that subsidize or otherwise promote renewable energy installations (e.g., solar panels, etc.) for specific classes of consumers? If yes,
[26a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[26b] How does the program or policy identify consumers or disadvantaged consumers (e.g., income, location/region)?
[26c] Do the policies, regulations, or statutes support community-scale energy projects?
[27] Are there any state programs or policies that provide energy/electricity bill mitigation at the local level (i.e., municipal, county, etc.)? If yes,
[27a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[27b] How are those localities determined? (e.g., criteria-based, specific localities stated in the program)
[28] Are there any state programs or policies that provide additional energy/electricity bill mitigation, subsidization or other assistance due to emergency circumstances (weather, disaster, etc.)? If yes,
[28a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[28b] Under what circumstances are those mitigation efforts granted?
Heat/Gas
[29] Are there any state programs or policies that provide heating/gas bill mitigation for consumers? If yes,
[29a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[29b] How does the program or policy identify consumers or disadvantaged consumers (e.g., income, location/region, seasonal)?
[29c] Do consumers qualify as disadvantaged/low-income/otherwise benefit automatically if they are receiving another form of state or federal assistance (e.g., Medicaid, SNAP)? If yes,
[29ci] please specify which assistance automatically qualifies a consumer and what, if anything, is required to prove receipt of that assistance.
[29d] How does the benefit flow to the consumers (e.g., direct payments, reduced bill amounts, future credits)?
[29e] Do the benefits flow through the utility (i.e. are reductions made on the utility bill)?
[29f] Does the state (and/or the utility) track the benefits or otherwise collect data on the program? If yes,
[29fi] Is that data publicly accessible?
[30] Are there any state programs or policies that subsidize or otherwise reduce gas/heating costs at the utility level? (i.e., the utility receives the benefit) If yes,
[30a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[30b] Under what circumstances are those cost reductions provided?
[30c] Is there any mechanism or way for the state to ensure the benefits eventually get to the consumers?
[31] Are there any policies that subsidize or otherwise promote the installation of “energy efficiency” technology, such as heat pumps, with specific classes of consumers? If yes,
[31a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[31b] How does the program or policy identify consumers or disadvantaged consumers (e.g., income, location/region)?
[32] Are there any state programs or policies that provide heating/gas bill mitigation at the local level (i.e., municipal, county, etc.)? If yes,
[32a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[32b] How are those localities determined? (e.g., criteria-based, specific localities stated in the program)
[33] Are there any state programs or policies that provide additional heating/gas bill mitigation, subsidization or other assistance due to emergency circumstances (weather, disaster, etc.)? If yes,
[33a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[33b] Under what circumstances are those mitigation efforts granted?
Water
[34] Are there any state programs or policies that provide water bill mitigation for consumers? If yes,
[34a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[34b] How does the program or policy identify consumers or disadvantaged consumers (e.g., income, location/region, seasonal)?
[34c] Do consumers qualify as disadvantaged/low-income/otherwise benefit automatically if they are receiving another form of state or federal assistance (e.g., Medicaid, SNAP)? If yes,
[34ci] Please specify which assistance automatically qualifies a consumer and what, if anything, is required to prove receipt of that assistance.
[34d] How does the benefit flow to the consumers (e.g., direct payments, reduced bill amounts, future credits)?
[34e] Do the benefits flow through the utility (i.e. are reductions made on the utility bill)?
[34f] Does the state (and/or the utility) track the benefits or otherwise collect data on the program? If yes,
[34fi] Is that data publicly accessible?
[35] Are there any state programs or policies that provide water bill mitigation at the local level (i.e., municipal, county, etc.)? If yes,
[35a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[35b] How are those localities determined? (e.g., criteria-based, specific localities stated in the program)
[36] Are there any state programs or policies that provide additional water bill mitigation, subsidization or other assistance due to emergency circumstances (weather, disaster, etc.)? If yes,
[36a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[36b] Under what circumstances are those mitigation efforts granted?
Broadband/Internet
[37] Are there any state programs or policies that provide broadband bill mitigation for consumers? If yes,
[37a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[37b] How does the program or policy identify consumers or disadvantaged consumers (e.g., income, location/region, seasonal)?
[37c] Do consumers qualify as disadvantaged/low-income/otherwise benefit automatically if they are receiving another form of state or federal assistance (e.g., Medicaid, SNAP)? If yes,
[37ci] Please specify which assistance automatically qualifies a consumer and what, if anything, is required to prove receipt of that assistance.
[37d] How does the benefit flow to the consumers (e.g., direct payments, reduced bill amounts, future credits)?
[37e] Do the benefits flow through the broadband (i.e. are reductions made on the internet bill)?
[37f] Does the state (and/or the broadband company) track the benefits or otherwise collect data on the program? If yes,
[37fi] Is that data publicly accessible?
[37g] Is or was the program tied to a federal broadband assistance program (e.g., FCC’s Affordable Connectivity Program)
[38] Are there any state programs or policies that provide additional broadband bill mitigation, subsidization or other assistance due to emergency circumstances (weather, disaster, etc.)? If yes,
[38a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[39] Are there any state programs that subsidize the extension of broadband networks into localities in the state that are not connected to broadband networks? If yes,
[39a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[39b] How are those localities determined? (e.g., criteria-based, specific localities stated in the program)
Data Centers
Siting
[40] Are there any state programs, policies, regulations, or statutes that restrict data center sites from being within a certain distance of disadvantaged or low-income communities? If yes,
[40a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[41] Are there any state programs, policies, regulations, or statutes that restrict data center sites from certain locations and therefore *disproportionately* affect disadvantaged or low-income communities? If yes,
[41a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
Tax Abatement
[42] Are there any state programs, policies, regulations, or statutes that grant data centers any tax benefits, abatements, or exclusions? If yes,
[42a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[42b] Are any of those tax benefits/abatements/exclusions adjusted to better assist low-income or disadvantaged communities (e.g., the tax abatements do not apply in disadvantaged communities)?
Local Employment
[43] Are there any state programs, policies, regulations, or statutes that provide employment benefits to local low-income or disadvantaged community members, either in the construction or operation of data centers? If yes,
[43a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
Public Information/Reporting
[44] Are there any state programs, policies, regulations, or statutes that require data centers, developers, or applicable governmental entities to collect information on data centers (including costs/benefits to local communities, resource/utility usage, local employment benefits, etc.)? If yes,
[44a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[45] Are there any state programs, policies, regulations, or statutes that require or allow data centers, developers, and/or applicable governmental entities to restrict information from the public through Non-Disclosure Agreements or similar mechanisms? If yes,
[45a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
[46] Conversely, are there any state programs, policies, regulations, or statutes that require data centers, developers, and/or applicable governmental entities to make certain information public? If yes,
[46a] Please briefly summarize and provide a citation and public link to the law/regulation/policy.
Once you have completed your research, please submit your responses (with citations/links) using this online form. Thank you for contributing to this important project.