Structural racism and other forms of discrimination are deeply embedded in laws, policies, and government actions. However, law can also be used to confront and dismantle structural racism. One underutilized legal tool is racial equity impact assessment (REIA) laws, which create a requirement that a racial equity impact assessment be conducted for proposed legislation.
As partners in the Collaborative for Anti-Racism and Equity, the Network for Public Health Law (Network) and the Public Health Law Center (Center) identified and reviewed laws and recent bills across all 50 states and the District of Columbia that create a REIA process for new legislation. This research resulted in the release of the 50-State REIA Legislation Dataset in April 2024. The Dataset is helpful for any jurisdictions interested in exploring REIA bills and laws
REIA analyses are valuable tools for identifying the potential racial equity impacts—positive or negative—of policy proposals. By highlighting how legislation may affect communities of color, REIAs support informed decision-making, create opportunities to modify or reconsider legislation likely to cause harm, and strengthen legislative efforts that will reduce disparities and improve racial and health outcomes.
The 50-State REIA Legislation Dataset, though not an exhaustive list, provides an overview of REIA laws (both proposed and enacted) nationwide. Each law or bill was analyzed to illuminate how the law or bill addresses key components of REIAs, such as what types of bills they apply to, the office responsible for completing the analysis, how conclusions are presented, and other details. For states where identical bills were proposed in multiple sessions, we document only the most recent bill.
In total, the 50-State REIA Legislation Dataset captures 61 bills and laws. This legislation was introduced in 37 state legislatures between 2006 and March 2024. Of the 61 bills collected, 13 were enacted into law in 11 states and 48 were proposed but failed to pass in 32 states. This shows that while legislatures have demonstrated interest in REIA analysis, more work needs to be done to turn this interest into action.
Other relevant findings include:
- Jurisdictions that have passed REIA legislation are California (HR39), Connecticut (HB5933 and SB256) , Colorado (HB19-1184), the District of Columbia (B23-0038), Illinois (HB0158), Iowa (HF2393), Maine (HP5), New Jersey (S677), Oregon (SB463), Virginia (HB1990), and Washington (SB5405).
- Most REIA bills were introduced between 2020 and 2024 (a total of 46 bills).
- Almost half of the bills apply only to policies impacting carceral systems (a total of 22 bills).
- Over time, more state legislatures have introduced bills applying to more than one type of bill, including health- and human service-related bills (a total of 30 bills).
- Six bills created limited studies and/or pilot programs to explore the application of REIAs in legislation.
- States’ legislative research councils and fiscal agencies play a vital role as many of the bills tasked these agencies with conducting the REIA analysis and producing reports.
While the Dataset captured legislation through March 1, 2024, interest in adopting state-level REIA laws continues. During the current 2025 legislative sessions, REIA bills were introduced in at least four states, including Connecticut (HB6039), Illinois (HB1223). New York (S5282, A6352/S3992), and Rhode Island (S0805). These bills would set up a REIA process for many kinds of legislation — showing that REIAs are viewed more and more as a flexible and adaptable tool to understand how proposed laws might impact racial equity; not just in the carcel system but across other policy domains too.
The Network and the Center will also continue to explore and support REIA processes through both independent and collaborative efforts. The Network is currently partnering with a large municipality to design and implement a health impact review tool and process, while the Center recently published a policy guide that examines the use of REIAs in food-related legislation at the state and local levels.
Together, we are co-hosting a two-part webinar series, which focuses on the design and implementation of REIAs across the U.S. The Network hosted the first webinar which provided background information on what REIA laws are, described trends in the states and municipalities where they have been adopted, their basic components, and tools to support design and implementation of meaningful REIA processes. The webinar’s recording and slide deck is available here. The second webinar, on May 15, will focus on REIA implementation – the challenges and opportunities encountered when putting these assessments into practice. You can register to attend the second webinar here.
Given the decline in federal support for addressing racial inequities, it is increasingly imperative for state and local governments to confront structural racism through legal and racial equity tools like REIAs. As April Shaw, the Network’s Deputy Director of Health Equity, wrote in a recent article on race-neutral and race-conscious strategies: “As a form of oppression, racism is also fluid. It always has been. Which means the tools we use to bring about its demise must adapt to that fluidity.” The 50-State REIA Legislation Dataset demonstrates how REIAs—and the laws that support them—are evolving tools that can rise to meet today’s challenges and those ahead.
This article was written by Sara Rogers, M.P.H., Senior Policy Analyst, Health Equity, Network for Public Health Law. The Network promotes public health and health equity through non-partisan educational resources and technical assistance. These materials provided are provided solely for educational purposes and do not constitute legal advice. The Network’s provision of these materials does not create an attorney-client relationship with you or any other person and is subject to the Network’s Disclaimer.
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.
