Environmental Justice For All Act

II 117TH CONGRESS 1ST SESSION S. 872 To restore, reaffirm, and reconcile environmental justice and civil rights, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 18, 2021 Ms. DUCKWORTH (for herself, Ms. WARREN, Ms. SMITH, Mr. MERKLEY, Mr. DURBIN, Mr. WYDEN, Mr. SCHATZ, Mr. MARKEY, Mr. BOOKER, Mr. BLUMENTHAL, Mr. SANDERS, Mr. VAN HOLLEN, and Mr. PADILLA) in- troduced the following bill; which was read twice and referred to the Com- mittee on Environment and Public Works A BILL To restore, reaffirm, and reconcile environmental justice and civil rights, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Environmental Justice For All Act’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Findings; statement of policy. Sec. 3. Definitions. Sec. 4. Prohibited discrimination. VerDate Sep 11 2014 20:21 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S872.IS S872 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 872 IS Sec. 5. Right of action. Sec. 6. Rights of recovery. Sec. 7. Consideration of cumulative impacts and persistent violations in certain permitting decisions. Sec. 8. White House Environmental Justice Interagency Council. Sec. 9. Federal agency actions and responsibilities. Sec. 10. Ombuds. Sec. 11. Access to parks, outdoor spaces, and public recreation opportunities. Sec. 12. Transit to trails grant program. Sec. 13. Repeal of sunset for the Every Kid Outdoors program. Sec. 14. Protections for environmental justice communities against harmful Federal actions. Sec. 15. Training of employees of Federal agencies. Sec. 16. Environmental justice grant programs. Sec. 17. Environmental justice basic training program. Sec. 18. National Environmental Justice Advisory Council. Sec. 19. Environmental Justice Clearinghouse. Sec. 20. Public meetings. Sec. 21. Environmental projects for environmental justice communities. Sec. 22. Grants to further achievement of Tribal coastal zone objectives. Sec. 23. Cosmetic labeling. Sec. 24. Safer cosmetic alternatives for disproportionately impacted commu- nities. Sec. 25. Safer child care centers, schools, and homes for disproportionately im- pacted communities. Sec. 26. Certain menstrual products misbranded if labeling does not include in- gredients. Sec. 27. Support by National Institute of Environmental Health Sciences for research on health disparities impacting communities of color. Sec. 28. Revenues for just transition assistance. Sec. 29. Economic revitalization for fossil fuel-dependent communities. Sec. 30. Evaluation by Comptroller General of the United States. SEC. 2. FINDINGS; STATEMENT OF POLICY. 1 (a) FINDINGS.—Congress finds the following: 2 (1) Communities of color, low-income commu- 3 nities, Tribal and Indigenous communities, fossil 4 fuel-dependent communities, and other vulnerable 5 populations, such as persons with disabilities, chil- 6 dren, and the elderly, are disproportionately bur- 7 dened by environmental hazards that include expo- 8 sure to polluted air, waterways, and landscapes. 9 VerDate Sep 11 2014 20:21 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S872.IS S872 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 872 IS (2) Environmental justice disparities are also 1 exhibited through a lack of equitable access to green 2 spaces, public recreation opportunities, and informa- 3 tion and data on potential exposure to environmental 4 hazards. 5 (3) Communities experiencing environmental in- 6 justice have been subjected to systemic racial, social, 7 and economic injustices and face a disproportionate 8 burden of adverse human health or environmental 9 effects, a higher risk of intentional, unconscious, and 10 structural discrimination, and disproportionate en- 11 ergy burdens. 12 (4) Environmental justice communities have 13 been made more vulnerable to the effects of climate 14 change due to a combination of factors, particularly 15 the legacy of segregation and historically racist zon- 16 ing codes, and often have the least resources to re- 17 spond, making it a necessity for environmental jus- 18 tice communities to be meaningfully engaged as 19 partners and stakeholders in government decision 20 making as the United States builds its climate resil- 21 ience. 22 (5) Potential environmental and climate threats 23 to environmental justice communities merit a higher 24 level of engagement, review, and consent to ensure 25 VerDate Sep 11 2014 20:21 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S872.IS S872 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 872 IS that communities are not forced to bear dispropor- 1 tionate environmental and health impacts. 2 (6) The burden of proof that a proposed action 3 will not harm communities, including through cumu- 4 lative exposure effects, should fall on polluting in- 5 dustries and on the Federal Government in its regu- 6 latory role, not the communities themselves. 7 (7) Executive Order 12898 (42 U.S.C. 4321 8 note; relating to Federal actions to address environ- 9 mental justice in minority populations and low-in- 10 come populations) directs Federal agencies to ad- 11 dress disproportionately high and adverse human 12 health or environmental effects of its programs, but 13 Federal agencies have been inconsistent in updating 14 their strategic plans for environmental justice and 15 reporting on their progress in enacting those plans. 16 (8) Government action to correct environmental 17 injustices is a moral imperative. Federal policy can 18 and should improve public health and improve the 19 overall well-being of all communities. 20 (9) All people have the right to breathe clean 21 air, drink clean water, live free of dangerous levels 22 of toxic pollution, and share the benefits of a pros- 23 perous and vibrant pollution-free economy. 24 VerDate Sep 11 2014 20:21 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S872.IS S872 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 872 IS (10) A fair and just transition to a pollution- 1 free economy is necessary to ensure that workers 2 and communities in deindustrialized areas have ac- 3 cess to the resources and benefits of a sustainable 4 future. That transition must also address the eco- 5 nomic disparities experienced by residents living in 6 areas contaminated by pollution or environmental 7 degradation, including access to jobs, and members 8 of those communities must be fully and meaningfully 9 involved in transition planning processes. 10 (11) It is the responsibility of the Federal Gov- 11 ernment to seek to achieve environmental justice, 12 health equity, and climate justice for all commu- 13 nities. 14 (b) STATEMENT OF POLICY.—It is the policy of Con- 15 gress that each Federal agency should— 16 (1) seek to achieve environmental justice as 17 part of its mission by identifying and addressing, as 18 appropriate, disproportionately adverse human 19 health or environmental effects of its programs, poli- 20 cies, practices, and activities on communities of 21 color, low-income communities, and Tribal and In- 22 digenous communities in each State and territory of 23 the United States; 24 VerDate Sep 11 2014 20:21 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S872.IS S872 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 872 IS (2) promote meaningful involvement by commu- 1 nities and due process in the development, imple- 2 mentation, and enforcement of environmental laws; 3 (3) provide direct guidance and technical assist- 4 ance to communities experiencing environmental in- 5 justice focused on increasing shared understanding 6 of the science, laws, regulations, and policy related 7 to Federal agency action on environmental justice 8 issues; 9 (4) cooperate with State governments, Tribal 10 Governments, and local governments to address pol- 11 lution and public health burdens in communities ex- 12 periencing environmental injustice, and build 13 healthy, sustainable, and resilient communities; and 14 (5) recognize the right of all people to clean air, 15 safe and affordable drinking water, protection from 16 climate hazards, and the sustainable preservation of 17 the ecological integrity and aesthetic, scientific, cul- 18 tural, and historical values of the natural environ- 19 ment. 20 SEC. 3. DEFINITIONS. 21 In this Act: 22 (1) ADMINISTRATOR.—The term ‘‘Adminis- 23 trator’’ means the Administrator of the Environ- 24 mental Protection Agency. 25 VerDate Sep 11 2014 20:21 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S872.IS S872 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 872 IS (2) ADVISORY COUNCIL.—The term ‘‘Advisory 1 Council’’ means the National Environmental Justice 2 Advisory Council established by the President under 3 section 18. 4 (3) CLEARINGHOUSE.—The term ‘‘Clearing- 5 house’’ means the Environmental Justice Clearing- 6 house established by the Administrator under section 7 19. 8 (4) COMMUNITY OF COLOR.—The term ‘‘com- 9 munity of color’’ means a geographically distinct 10 area in which the population of any of the following 11 categories of individuals is higher than the average 12 population of that category for the State in which 13 the community is located: 14 (A) Black. 15 (B) African American. 16 (C) Asian. 17 (D) Pacific Islander. 18 (E) Other non-White race. 19 (F) Hispanic. 20 (G) Latino. 21 (H) Linguistically isolated. 22 (5) DIRECTOR.—The term ‘‘Director’’ means 23 the Director of the National Institute of Environ- 24 mental Health Sciences. 25 VerDate Sep 11 2014 20:21 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S872.IS S872 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 872 IS (6) DISPARATE IMPACT.—The term ‘‘disparate 1 impact’’ means an action or practice that, even if 2 appearing neutral, actually has the effect of sub- 3 jecting persons to discrimination on the basis of 4 race, color, or national origin. 5 (7) DISPROPORTIONATE BURDEN OF ADVERSE 6 HUMAN HEALTH OR ENVIRONMENTAL EFFECTS.— 7 The term ‘‘disproportionate burden of adverse 8 human health or environmental effects’’ means a sit- 9 uation where there exists higher or more adverse 10 human health or environmental effects on commu- 11 nities of color, low-income communities, and Tribal 12 and Indigenous communities. 13 (8) ENVIRONMENTAL JUSTICE.—The term ‘‘en- 14 vironmental justice’’ means the fair treatment and 15 meaningful involvement of all people regardless of 16 race, color, culture, national origin, or income, with 17 respect to the development, implementation, and en- 18 forcement of environmental laws, regulations, and 19 policies to ensure that each person enjoys— 20 (A) the same degree of protection from en- 21 vironmental and health hazards; and 22 (B) equal access to any Federal agency ac- 23 tion on environmental justice issues in order to 24 VerDate Sep 11 2014 20:21 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S872.IS S872 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 872 IS have a healthy environment in which to live, 1 learn, work, and recreate. 2 (9) ENVIRONMENTAL JUSTICE COMMUNITY.— 3 The term ‘‘environmental justice community’’ means 4 a community with significant representation of com- 5 munities of color, low-income communities, or Tribal 6 and Indigenous communities, that experiences, or is 7 at risk of experiencing higher or more adverse 8 human health or environmental effects. 9 (10) ENVIRONMENTAL LAW.—The term ‘‘envi- 10 ronmental law’’ includes— 11 (A) the Clean Air Act (42 U.S.C. 7401 et 12 seq.); 13 (B) the Federal Water Pollution Control 14 Act (33 U.S.C. 1251 et seq.); 15 (C) the Energy Policy Act of 2005 (42 16 U.S.C. 15801 et seq.); 17 (D) the National Environmental Policy Act 18 of 1969 (42 U.S.C. 4321 et seq.); 19 (E) the Pollution Prevention Act of 1990 20 (42 U.S.C. 13101 et seq.); 21 (F) the Safe Drinking Water Act (42 22 U.S.C. 300f et seq.); 23 (G) the Solid Waste Disposal Act (42 24 U.S.C. 6901 et seq.); 25 VerDate Sep 11 2014 20:21 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S872.IS S872 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 872 IS (H) the Federal Insecticide, Fungicide, 1 and Rodenticide Act (7 U.S.C. 136 et seq.); and 2 (I) the Toxic Substances Control Act (15 3 U.S.C. 2601 et seq.). 4 (11) FAIR TREATMENT.—The term ‘‘fair treat- 5 ment’’ means the conduct of a program, policy, prac- 6 tice, or activity by a Federal agency in a manner 7 that ensures that no group of individuals (including 8 racial, ethnic, or socioeconomic groups) experience a 9 disproportionate burden of adverse human health or 10 environmental effects resulting from such program, 11 policy, practice, or activity, as determined through 12 consultation with, and with the meaningful partici- 13 pation of, individuals from the communities affected 14 by a program, policy, practice, or activity of a Fed- 15 eral agency. 16 (12) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 17 has the meaning given the term in section 4 of the 18 Indian Self-Determination and Education Assistance 19 Act (25 U.S.C. 5304). 20 (13) LOCAL GOVERNMENT.—The term ‘‘local 21 government’’ means— 22 (A) a county, municipality, city, town, 23 township, local public authority, school district, 24 special district, intrastate district, council of 25 VerDate Sep 11 2014 20:21 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S872.IS S872 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 872 IS governments (regardless of whether the council 1 of governments is incorporated as a nonprofit 2 corporation under State law), regional or inter- 3 state governmental entity, or agency or instru- 4 mentality of a local government; or 5 (B) an Indian Tribe or authorized Tribal 6 organization, or Alaska Native village or organi- 7 zation, that is not a Tribal Government. 8 (14) LOW-INCOME COMMUNITY.—The term 9 ‘‘low-income community’’ means any census block 10 group in which 30 percent or more of the population 11 are individuals with an annual household income 12 equal to, or less than, the greater of— 13 (A) an amount equal to 80 percent of the 14 median income of the area in which the house- 15 hold is located, as reported by the Department 16 of Housing and Urban Development; and 17 (B) 200 percent of the Federal poverty 18 line. 19 (15) POPULATION.—The term ‘‘population’’ 20 means a census block group or series of geographi- 21 cally contiguous blocks representing certain common 22 character [Text truncated for display. Full text available on Congress.gov.]