State and Local Governments Lead on Justice 40

In January 2021, soon after taking office, President Biden issued Executive Order 14008, which created the Justice 40 Initiative, an ambitious program to ensure historically disadvantaged communities around the country that had traditionally been marginalized would benefit from historic federal investments. The enactments of The American Rescue Plan (ARPA), Bipartisan Infrastructure Law (BIL), and the Inflation Reduction Act (IRA) have triggered billions of federal dollars into clean energy and efficiency, including for these communities. Section 223 of Executive Order 14008 creates the Justice 40 initiative with the goal of 40 percent of the benefits for clean energy going to disadvantaged communities:

Sec. 223.  Justice40 Initiative.  (a)  Within 120 days of the date of this order, the Chair of the Council on Environmental Quality, the Director of the Office of Management and Budget, and the National Climate Advisor, in consultation with the Advisory Council, shall jointly publish recommendations on how certain Federal investments might be made toward a goal that 40 percent of the overall benefits flow to disadvantaged communities.  The recommendations shall focus on investments in the areas of clean energy and energy efficiency; clean transit; affordable and sustainable housing; training and workforce development; the remediation and reduction of legacy pollution; and the development of critical clean water infrastructure.  The recommendations shall reflect existing authorities the agencies may possess for achieving the 40-percent goal as well as recommendations on any legislation needed to achieve the 40‑percent goal.

State and local governments are playing critical roles in the implementation of Justice 40. It’s important to note that Justice 40 is not a dedicated fund that just disburses federal dollars. Instead, it’s a clear and achievable vision that all communities deserve clean and sustainable energy regardless of zip code. It’s up to the states to decide how and where federal money is spent within federal guidelines. The need for states to identify and prioritize disadvantaged communities is essential, given the scope of the infrastructure law.

States and local governments have begun identifying disadvantaged communities and implementing accountability measures to ensure communities are well served and money is spent efficiently. State legislatures are codifying Justice 40 and creating work groups and commissions. In addition, the EPA is assisting local governments by establishing technical assistance centers around the country to assist communities with grant applications and awards. Among the highlights of these efforts are:

  • Maryland was one of the first states to codify Justice 40 through its budget process in 2022. At least 40% of the budget dedicated to climate change went to disadvantaged communities. This included environmental cleanup, public transportation, and affordable housing.
  • The Delaware legislature created a Justice 40 oversight committee to track and review progress and make recommendations regarding the spending of ARPA dollars. The committee has held listening sessions with stakeholder engagement and is creating an environmental justice screening tool.
  • Arizona established the Water Infrastructure Finance Authority with the assistance of the EPA to ensure safe drinking water in all communities.
  • The city of Chicago received a $10 Million grant from the EPA to expand its community-focused approach to sustainability.

There are many opportunities for states and local governments to reap the benefits of Justice 40. For example, transportation projects can connect disadvantaged communities to job centers, infrastructure improvements can clean drinking water, and remediating brownfield sites can create jobs and affordable housing opportunities. For Justice 40 to succeed and avoid being another idea put on the shelf, states need to engage with all stakeholders, develop a coherent accountability framework, encourage local participation through local government, and establish robust guardrails to ensure federal investment dollars are not wasted. Justice 40 is not a Democrat or Republican initiative and should not be measured by red and blue states. The objective of Justice 40 is rooted in a principle central to our country’s founding – all communities deserve to be treated equally.

Disagreeing Without Hate

By Loren Monroe

The language surrounding our political discourse is getting increasingly toxic every day. Looking at Twitter or listening to speeches by politicians offers a disturbing window into the angry national mood.

  1. The Democrat party has shown its true Communist colors.
  2. The House GOP leadership has enabled white nationalism, white supremacy, and antisemitism.
  3. Democrats Are the Ultimate Grooming Gang.
  4. DeSantis is now officially a synonym for ‘fascist.’
  5. The Biden family is a family that has become wealthy by enabling, helping, aiding, and abetting the Chinese.
  6. What Elon Musk did, removing blue checks, is no different than what the Nazi party did to journalists.
  7. We need a national divorce. We need to separate by red states and blue states.

There is no chance we would let our children speak to others with such vitriol. Yet it has become commonplace in our political discourse to launch brutal insults. Many people are unwilling to call out inappropriate language because they fear potential retribution.

The essence of our woes, according to Harvard professor and author Arthur Brooks, is a “culture of contempt.” Increasingly, voters are being told that friends, family, neighbors, and co-workers who vote for the other party or disagree with specific policies should now be considered detestable, unpatriotic, and downright dangerous.

A 2022 CBS News/YouGov survey found that 51 percent of Democrats feel Republicans are not simply political rivals but genuine enemies who pose a real threat to their way of life. Fifty percent of self-identifying Republicans who are conservatives selected “enemy” to describe Democrats, and 50% went with simply “political opposition.”

The polarization along political and social fault lines presents unpredictable challenges for business leaders. Companies must navigate the gaps in policy directions between red states and blue states, where there is increasingly hardened division among governing officials, customers, and employees. Deciding to take a position, or even to stay neutral, is almost guaranteed to result in a backlash from those who disagree on nearly any issue, whether on abortion, gun control, transgender rights, education, vaccinations, immigration, ESG, or public safety.

When one side declares an issue as an “existential threat,” it often proves impossible to have a thoughtful dialogue about the potential solutions. Increasingly, both sides are taking “the ends justify the means” approach to governing, resulting in debate being shut down in pursuit of outright victory.

Twenty-nine states have legislatures featuring a “supermajority,” and 39 state governments feature a “trifecta” – where one party controls the governor’s office and both chambers of the state legislature. One-party control leads to minimal debate on policy differences and expedited passage of legislation.

Leadership is required to build consensus and lower the temperature of our national discourse. Importantly, intergovernmental groups like the National Council of State Legislatures (NCSL), the National Governors Association (NGA), and the Attorney General Alliance (AGA) are designed to convene bipartisan gatherings where elected officials from different parties can work in cooperation to share ideas, build relationships find policy consensus.

Utah Governor Spencer Cox, the next chair of the National Governors Association, plans to focus his chairman’s initiative on “disagreeing better.” Commenting on the divide between red and blue states, Governor Cox recently tweeted, “We don’t need a divorce, we need marriage counseling. And we need elected leaders that don’t profit by tearing us apart. We can disagree without hate. Healthy conflict was critical to our nation’s founding and survival.”

Governor Cox intends to highlight how leaders get things done while engaging in healthy conflict. His first effort will be around immigration and the bipartisan agreement among governors about the need to grow the workforce. By working together to produce legislative proposals, Governor Cox aims to give bipartisan cover to Congress to finally act. As part of his initiative, Governor Cox will encourage members of different political parties to tape Public Service Announcements and write op-eds about the critical importance of working together to address challenges. The template will be the television advertisement that Governor Cox and his Democratic opponent taped during the 2020 campaign for governor.

Breaking down partisan impulses will require more than elected officials simply changing their tone. Arguably, politicians are responding to demands from voters to clearly state where they stand and how far they will go to defeat the opposition. The longer-term solution relies on building an environment that promotes civil discourse and encourages compromise.

Braver Angels is a 501(c)(3) nonprofit organization working to unite red and blue Americans in a working alliance to depolarize America, “Our work is about building civic trust in the USA. It is about healing the wounds between the left and right. We welcome opportunities to engage with those with whom we disagree. We look for common ground where it exists, and if possible, find ways to work together.”

A critical piece of the solution will be educating our nation’s future leaders on working toward consensus and not seeing compromise as a failure. As the founding Partner of BGR Group and former Mississippi Governor Haley Barbour tells students and clients alike: “Purity in politics is the enemy of victory.”  Governor Barbour often quotes his mentor, President Ronald Reagan, “The person who agrees with you 80 percent of the time is a friend and an ally – not a 20 percent traitor.”

Braver Angels, the American Council of Trustees and Alumni (ACTA), and BridgeUSA have developed a program to teach students from colleges and universities to respect ideological diversity, foster civil discourse on college campuses, and cultivate student and faculty leaders. They prepare students to express their views, frame persuasive arguments, listen deeply, and engage respectfully with each other around issues that are typically difficult and divisive.

Another admirable group working to foster civil discourse is the Civility Leadership Institute (CLI) based in Little Rock, Arkansas. Started by General Wesley Clark, CLI convenes diverse groups of leaders nationwide for a year of training, learning, and workshops. Participants tackle complex topics impacting the nation with the goal of achieving common ground and reducing partisan division and gridlock.

America’s most successful political leaders have always shared a key ingredient—an optimistic vision for our country’s future. The well-being of our nation relies on each of us listening to those we disagree with and heeding the advice of President John F. Kennedy, who often reminded Americans that civility is not a sign of weakness: “Let us not emphasize all on which we differ but all we have in common. Let us consider not what we fear separately but what we share together.”

Texas Legislature Update

By Jerry Strickland

The grind of the 88th Texas Legislative Session is reaching maximum churn as the biennial session moves closer to the finish line. With a month left to finish considering the 8,400+ pieces of legislation filed, the House and Senate both face quick deadlines to move legislation out of their respective bodies in the next two weeks, or those bills will officially be dead. It’s about this time of the Texas session when things become clear about what will move and what won’t.

What has moved? To put it plainly, the budget and most of the Texas Senate priority bills. What hasn’t? Two of the key pieces of legislation state leaders have talked about for years — property tax relief and school vouchers. More on that in a minute.

Just last week, conferees were selected to hammer out budget details between the House and the Senate version of the $308 billion budget. Those conferees will find agreement on some of the disparities between the House and Senate budgets, which both include a modest increase in spending, paid for by the $31 billion budget surplus state leaders have at their disposal.

While a good amount of focus has been on wedge issues like bills to address trans athletes, drag queen shows, and child gender reassignment surgeries, the Texas Legislature is moving through bills responding to the Texas power grid, Uvalde shooting, border security, healthcare, and economic development. Regarding economic development and Texas continuing to strengthen its already robust growth, businesses are closely watching the debate over House Bill 5. The Legislation is a priority for Speaker Dade Phelan and the Governor. It seeks to give Texas a replacement Economic Development program after the so-called Chapter 313 program was not authorized following the last legislative session. The program incentivized 600 business development projects in Texas by lowering school district taxes for those projects. After being discontinued in 2022, the program is being considered again, with some changes to who can qualify for the tax breaks. It’s something to watch in the waning days of this session as Texas tries to keep hold as the top state for business relocations and expansions.

Now back to those two big issues that haven’t moved as quickly as state leaders would like — property tax reform and school vouchers. The logjam is thanks to a vocal disagreement over which path to take on property tax reform. Lt. Governor Dan Patrick declared last week that the House approach is fundamentally wrong. You don’t have to look far to see how dug-in the Senate is, as they haven’t even referred the House-passed plan to a committee. Conversely, the House hasn’t been moving with lightning speed with the Senate-passed plan either. That impasse, plus the disagreement on school vouchers (a priority for both the Governor and Lt. Governor), has some folks whispering about a special session after the 88th gavels out. The Governor holds the ultimate power on whether to call legislators back, and he sets the agenda. Still, without these two items, chances are higher that summer plans may be stymied if no agreement can be reached.