Environmental Justice For All Act

I 117TH CONGRESS 1ST SESSION H. R. 2021 To restore, reaffirm, and reconcile environmental justice and civil rights, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 18, 2021 Mr. GRIJALVA (for himself, Mr. MCEACHIN, Ms. BARRAGA´N, Ms. SCHA- KOWSKY, Ms. NORTON, Mr. ESPAILLAT, Ms. LEE of California, Mr. LOWENTHAL, Ms. TLAIB, Ms. CHU, Ms. MENG, Mr. GOMEZ, Ms. BLUNT ROCHESTER, Mr. GARCI´A of Illinois, Ms. JAYAPAL, Mr. KHANNA, Ms. DEGETTE, Mrs. BEATTY, Mr. KAHELE, Ms. BUSH, Mr. SCOTT of Vir- ginia, Mr. NADLER, Ms. ESCOBAR, Ms. CASTOR of Florida, Mr. CON- NOLLY, Ms. BROWNLEY, Ms. LEGER FERNANDEZ, and Ms. CLARKE of New York) introduced the following bill; which was referred to the Com- mittee on Energy and Commerce, and in addition to the Committees on Natural Resources, the Judiciary, Transportation and Infrastructure, Ag- riculture, and Education and Labor, for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 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 VerDate Sep 11 2014 01:05 May 18, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2021.IH H2021 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2021 IH (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. Sec. 2. Findings; statement of policy. Sec. 3. Definitions. Sec. 4. Prohibited discrimination. 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. 3 (a) FINDINGS.—Congress finds the following: 4 (1) Communities of color, low-income commu- 5 nities, Tribal and Indigenous communities, fossil 6 fuel-dependent communities, and other vulnerable 7 populations, such as persons with disabilities, chil- 8 VerDate Sep 11 2014 01:05 May 18, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2021.IH H2021 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2021 IH dren, and the elderly, are disproportionately bur- 1 dened by environmental hazards that include expo- 2 sure to polluted air, waterways, and landscapes. 3 (2) Environmental justice disparities are also 4 exhibited through a lack of equitable access to green 5 spaces, public recreation opportunities, and informa- 6 tion and data on potential exposure to environmental 7 hazards. 8 (3) Communities experiencing environmental in- 9 justice have been subjected to systemic racial, social, 10 and economic injustices and face a disproportionate 11 burden of adverse human health or environmental 12 effects, a higher risk of intentional, unconscious, and 13 structural discrimination, and disproportionate en- 14 ergy burdens. 15 (4) Environmental justice communities have 16 been made more vulnerable to the effects of climate 17 change due to a combination of factors, particularly 18 the legacy of segregation and historically racist zon- 19 ing codes, and often have the least resources to re- 20 spond, making it a necessity for environmental jus- 21 tice communities to be meaningfully engaged as 22 partners and stakeholders in government decision 23 making as the United States builds its climate resil- 24 ience. 25 VerDate Sep 11 2014 01:05 May 18, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2021.IH H2021 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2021 IH (5) Potential environmental and climate threats 1 to environmental justice communities merit a higher 2 level of engagement, review, and consent to ensure 3 that communities are not forced to bear dispropor- 4 tionate environmental and health impacts. 5 (6) The burden of proof that a proposed action 6 will not harm communities, including through cumu- 7 lative exposure effects, should fall on polluting in- 8 dustries and on the Federal Government in its regu- 9 latory role, not the communities themselves. 10 (7) Executive Order 12898 (42 U.S.C. 4321 11 note; relating to Federal actions to address environ- 12 mental justice in minority populations and low-in- 13 come populations) directs Federal agencies to ad- 14 dress disproportionately high and adverse human 15 health or environmental effects of its programs, but 16 Federal agencies have been inconsistent in updating 17 their strategic plans for environmental justice and 18 reporting on their progress in enacting those plans. 19 (8) Government action to correct environmental 20 injustices is a moral imperative. Federal policy can 21 and should improve public health and improve the 22 overall well-being of all communities. 23 (9) All people have the right to breathe clean 24 air, drink clean water, live free of dangerous levels 25 VerDate Sep 11 2014 01:05 May 18, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2021.IH H2021 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2021 IH of toxic pollution, and share the benefits of a pros- 1 perous and vibrant pollution-free economy. 2 (10) A fair and just transition to a pollution- 3 free economy is necessary to ensure that workers 4 and communities in deindustrialized areas have ac- 5 cess to the resources and benefits of a sustainable 6 future. That transition must also address the eco- 7 nomic disparities experienced by residents living in 8 areas contaminated by pollution or environmental 9 degradation, including access to jobs, and members 10 of those communities must be fully and meaningfully 11 involved in transition planning processes. 12 (11) It is the responsibility of the Federal Gov- 13 ernment to seek to achieve environmental justice, 14 health equity, and climate justice for all commu- 15 nities. 16 (b) STATEMENT OF POLICY.—It is the policy of Con- 17 gress that each Federal agency should— 18 (1) seek to achieve environmental justice as 19 part of its mission by identifying and addressing, as 20 appropriate, disproportionately adverse human 21 health or environmental effects of its programs, poli- 22 cies, practices, and activities on communities of 23 color, low-income communities, and Tribal and In- 24 VerDate Sep 11 2014 01:05 May 18, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2021.IH H2021 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2021 IH digenous communities in each State and territory of 1 the United States; 2 (2) promote meaningful involvement by commu- 3 nities and due process in the development, imple- 4 mentation, and enforcement of environmental laws; 5 (3) provide direct guidance and technical assist- 6 ance to communities experiencing environmental in- 7 justice focused on increasing shared understanding 8 of the science, laws, regulations, and policy related 9 to Federal agency action on environmental justice 10 issues; 11 (4) cooperate with State governments, Tribal 12 Governments, and local governments to address pol- 13 lution and public health burdens in communities ex- 14 periencing environmental injustice, and build 15 healthy, sustainable, and resilient communities; and 16 (5) recognize the right of all people to clean air, 17 safe and affordable drinking water, protection from 18 climate hazards, and the sustainable preservation of 19 the ecological integrity and aesthetic, scientific, cul- 20 tural, and historical values of the natural environ- 21 ment. 22 SEC. 3. DEFINITIONS. 23 In this Act: 24 VerDate Sep 11 2014 01:05 May 18, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2021.IH H2021 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 2021 IH (1) ADMINISTRATOR.—The term ‘‘Adminis- 1 trator’’ means the Administrator of the Environ- 2 mental Protection Agency. 3 (2) ADVISORY COUNCIL.—The term ‘‘Advisory 4 Council’’ means the National Environmental Justice 5 Advisory Council established by the President under 6 section 18. 7 (3) CLEARINGHOUSE.—The term ‘‘Clearing- 8 house’’ means the Environmental Justice Clearing- 9 house established by the Administrator under section 10 19. 11 (4) COMMUNITY OF COLOR.—The term ‘‘com- 12 munity of color’’ means a geographically distinct 13 area in which the population of any of the following 14 categories of individuals is higher than the average 15 population of that category for the State in which 16 the community is located: 17 (A) Black. 18 (B) African American. 19 (C) Asian. 20 (D) Pacific Islander. 21 (E) Other non-White race. 22 (F) Hispanic. 23 (G) Latino. 24 (H) Linguistically isolated. 25 VerDate Sep 11 2014 01:05 May 18, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2021.IH H2021 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 2021 IH (5) DIRECTOR.—The term ‘‘Director’’ means 1 the Director of the National Institute of Environ- 2 mental Health Sciences. 3 (6) DISPARATE IMPACT.—The term ‘‘disparate 4 impact’’ means an action or practice that, even if 5 appearing neutral, actually has the effect of sub- 6 jecting persons to discrimination on the basis of 7 race, color, or national origin. 8 (7) DISPROPORTIONATE BURDEN OF ADVERSE 9 HUMAN HEALTH OR ENVIRONMENTAL EFFECTS.— 10 The term ‘‘disproportionate burden of adverse 11 human health or environmental effects’’ means a sit- 12 uation where there exists higher or more adverse 13 human health or environmental effects on commu- 14 nities of color, low-income communities, and Tribal 15 and Indigenous communities. 16 (8) ENVIRONMENTAL JUSTICE.—The term ‘‘en- 17 vironmental justice’’ means the fair treatment and 18 meaningful involvement of all people regardless of 19 race, color, culture, national origin, or income, with 20 respect to the development, implementation, and en- 21 forcement of environmental laws, regulations, and 22 policies to ensure that each person enjoys— 23 (A) the same degree of protection from en- 24 vironmental and health hazards; and 25 VerDate Sep 11 2014 01:05 May 18, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2021.IH H2021 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 2021 IH (B) equal access to any Federal agency ac- 1 tion on environmental justice issues in order to 2 have a healthy environment in which to live, 3 learn, work, and recreate. 4 (9) ENVIRONMENTAL JUSTICE COMMUNITY.— 5 The term ‘‘environmental justice community’’ means 6 a community with significant representation of com- 7 munities of color, low-income communities, or Tribal 8 and Indigenous communities, that experiences, or is 9 at risk of experiencing higher or more adverse 10 human health or environmental effects. 11 (10) ENVIRONMENTAL LAW.—The term ‘‘envi- 12 ronmental law’’ includes— 13 (A) the Clean Air Act (42 U.S.C. 7401 et 14 seq.); 15 (B) the Federal Water Pollution Control 16 Act (33 U.S.C. 1251 et seq.); 17 (C) the Energy Policy Act of 2005 (42 18 U.S.C. 15801 et seq.); 19 (D) the National Environmental Policy Act 20 of 1969 (42 U.S.C. 4321 et seq.); 21 (E) the Pollution Prevention Act of 1990 22 (42 U.S.C. 13101 et seq.); 23 (F) the Safe Drinking Water Act (42 24 U.S.C. 300f et seq.); 25 VerDate Sep 11 2014 01:05 May 18, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2021.IH H2021 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 2021 IH (G) the Solid Waste Disposal Act (42 1 U.S.C. 6901 et seq.); 2 (H) the Federal Insecticide, Fungicide, 3 and Rodenticide Act (7 U.S.C. 136 et seq.); and 4 (I) the Toxic Substances Control Act (15 5 U.S.C. 2601 et seq.). 6 (11) FAIR TREATMENT.—The term ‘‘fair treat- 7 ment’’ means the conduct of a program, policy, prac- 8 tice, or activity by a Federal agency in a manner 9 that ensures that no group of individuals (including 10 racial, ethnic, or socioeconomic groups) experience a 11 disproportionate burden of adverse human health or 12 environmental effects resulting from such program, 13 policy, practice, or activity, as determined through 14 consultation with, and with the meaningful partici- 15 pation of, individuals from the communities affected 16 by a program, policy, practice, or activity of a Fed- 17 eral agency. 18 (12) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 19 has the meaning given the term in section 4 of the 20 Indian Self-Determination and Education Assistance 21 Act (25 U.S.C. 5304). 22 (13) LOCAL GOVERNMENT.—The term ‘‘local 23 government’’ means— 24 VerDate Sep 11 2014 01:05 May 18, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2021.IH H2021 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 2021 IH (A) a county, municipality, city, town, 1 township, local public authority, school district, 2 special district, intrastate district, council of 3 governments (regardless of whether the council 4 of governments is incorporated as a nonprofit 5 corporation under State law), regional or inter- 6 state governmental entity, or agency or instru- 7 mentality of a local government; or 8 (B) an Indian Tribe or authorized Tribal 9 organization, or Alaska Native village or organi- 10 zation, that is not a Tribal Government. 11 (14) LOW-INCOME COMMUNITY.—The term 12 ‘‘low-income community’’ [Text truncated for display. Full text available on Congress.gov.]