A racial equity impact assessment (REIA) is a detailed examination and analysis of how a proposed policy, action, or decision will impact different racial and ethnic groups. REIAs are used in a variety of contexts including organizational decision-making, the allocation of grant funding, and policymaking at all levels of government. For the purposes of this Note, REIAs are considered primarily in the policy context. A REIA is a proactive tool that identifies disparities that a policy may create, perpetuate, reduce, or eliminate prior to its adoption or passage. Operating much like a fiscal note, REIAs provide legislators with information about the impact of a bill mid-legislative process, allowing for alterations or even total reconsideration. Generally, REIAs are used to identify laws that will have a harmful, inequitable effect on Black and Brown people; however, REIAs are also used to predict the positive impacts of a policy that is designed to mitigate historically harmful practices and promote equity.
In recent years, the use of REIAs in policymaking at the state level has increased significantly. As more and more policymaking bodies propose REIA requirements or processes, trends are emerging. Yet, REIA implementation remains varied across the country. This muddies the water for states seeking to draw on the experiences of their REIA-pioneering neighbors and can result in the replication of policies whose effectiveness could be improved. This Note seeks to provide an overview of current state-level REIA trends, identify existing policy gaps, and distill alternative “best practices” for states who seek to adopt REIA legislation in the future. Part II provides relevant background information about structural racism and current events that have led to an uptick in proposed REIA legislation. Part III explores two very different state-level REIA processes and highlights a potential up-and-coming REIA trend. Part IV “zooms out” and offers a high-level overview of state REIA implementation. Finally, Part V coalesces the information presented in earlier sections to identify areas where state-level policies ought to be improved and provides recommendations for doing so in future REIA legislation.