A. Donald McEachin Environmental Justice For All Act

II 118TH CONGRESS 1ST SESSION S. 919 To restore, reaffirm, and reconcile environmental justice and civil rights, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 22, 2023 Ms. DUCKWORTH (for herself, Mr. BOOKER, Mr. MARKEY, Mr. BLUMENTHAL, Ms. WARREN, Mr. SCHATZ, Mr. WELCH, Mr. SANDERS, Ms. SMITH, Mr. VAN HOLLEN, Mr. WYDEN, Mr. MERKLEY, and Mr. PADILLA) introduced the following bill; which was read twice and referred to the Committee 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 ‘‘A. 4 Donald McEachin 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 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S919.IS S919 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 919 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. Strengthening Community Protections under the National Environ- mental Policy Act of 1969. Sec. 16. Training of employees of Federal agencies. Sec. 17. Environmental justice grant programs. Sec. 18. Environmental justice basic training program. Sec. 19. National Environmental Justice Advisory Council. Sec. 20. Environmental Justice Clearinghouse. Sec. 21. Public meetings. Sec. 22. Environmental projects for environmental justice communities. Sec. 23. Grants to further achievement of Tribal coastal zone objectives. Sec. 24. Cosmetic labeling. Sec. 25. Safer cosmetic alternatives for disproportionately impacted commu- nities. Sec. 26. Safer child care centers, schools, and homes for disproportionately im- pacted communities. Sec. 27. Certain menstrual products misbranded if labeling does not include in- gredients. Sec. 28. Support by National Institute of Environmental Health Sciences for research on health disparities impacting communities of color. Sec. 29. Revenues for just transition assistance. Sec. 30. Economic revitalization for fossil fuel-dependent communities. Sec. 31. Evaluation by Comptroller General of the United States. SEC. 2. FINDINGS; STATEMENT OF POLICY. 1 (a) FINDINGS.—Congress finds that— 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 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 919 IS (2) environmental justice disparities are also ex- 1 hibited 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 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 919 IS that communities are not forced to bear dispropor- 1 tionate environmental and health impacts; 2 (6) the burden of proof that a proposed action 3 will not harm communities, including through cumu- 4 lative exposure effects, should fall on polluting in- 5 dustries and on the Federal Government in its regu- 6 latory role, not the communities themselves; 7 (7) Executive Order 12898 (42 U.S.C. 4321 8 note; relating to Federal actions to address environ- 9 mental justice in minority populations and low-in- 10 come populations) directs Federal agencies to ad- 11 dress disproportionately high and adverse human 12 health or environmental effects of its programs, but 13 Federal agencies have been inconsistent in updating 14 their strategic plans for environmental justice and 15 reporting on their progress in enacting those plans; 16 (8) Government action to correct environmental 17 injustices is a moral imperative, and Federal policy 18 can and should improve public health and improve 19 the overall well-being of all communities; 20 (9) all people have the right to breathe clean 21 air, drink clean water, live free of dangerous levels 22 of toxic pollution, and share the benefits of a pros- 23 perous and vibrant pollution-free economy; 24 VerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 919 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, and that transition must also address the 5 economic disparities experienced by residents living 6 in 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; and 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 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 919 IS (2) promote meaningful involvement by commu- 1 nities and due process in the development, imple- 2 mentation, and enforcement of environmental laws; 3 (3) provide direct guidance and technical assist- 4 ance to communities experiencing environmental in- 5 justice focused on increasing shared understanding 6 of the science, laws, regulations, and policy related 7 to Federal agency action on environmental justice 8 issues; 9 (4) cooperate with State governments, Indian 10 Tribes, and local governments to address pollution 11 and public health burdens in communities experi- 12 encing environmental injustice, and build healthy, 13 sustainable, and resilient communities; and 14 (5) recognize the right of all people to clean air, 15 safe and affordable drinking water, protection from 16 climate hazards, and the sustainable preservation of 17 the ecological integrity and aesthetic, scientific, cul- 18 tural, and historical values of the natural environ- 19 ment. 20 SEC. 3. DEFINITIONS. 21 In this Act: 22 (1) ADMINISTRATOR.—The term ‘‘Adminis- 23 trator’’ means the Administrator of the Environ- 24 mental Protection Agency. 25 VerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 919 IS (2) ADVISORY COUNCIL.—The term ‘‘Advisory 1 Council’’ means the National Environmental Justice 2 Advisory Council established by the President under 3 section 19. 4 (3) CLEARINGHOUSE.—The term ‘‘Clearing- 5 house’’ means the Environmental Justice Clearing- 6 house established by the Administrator under section 7 20. 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 (I) Middle Eastern and North African. 23 VerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 919 IS (5) DIRECTOR.—The term ‘‘Director’’ means 1 the Director of the National Institute of Environ- 2 mental Health Sciences. 3 (6) DISPARATE IMPACT.—The term ‘‘disparate 4 impact’’ means an action or practice that, even if 5 appearing neutral, actually has the effect of sub- 6 jecting persons to discrimination on the basis of 7 race, color, or national origin. 8 (7) DISPROPORTIONATE BURDEN OF ADVERSE 9 HUMAN HEALTH OR ENVIRONMENTAL EFFECTS.— 10 The term ‘‘disproportionate burden of adverse 11 human health or environmental effects’’ means a sit- 12 uation where there exists higher or more adverse 13 human health or environmental effects on commu- 14 nities of color, low-income communities, and Tribal 15 and Indigenous communities. 16 (8) ENVIRONMENTAL JUSTICE.—The term ‘‘en- 17 vironmental justice’’ means the fair treatment and 18 meaningful involvement of all people regardless of 19 race, color, culture, national origin, or income, with 20 respect to the development, implementation, and en- 21 forcement of environmental laws, regulations, and 22 policies to ensure that each person enjoys— 23 (A) the same degree of protection from en- 24 vironmental and health hazards; and 25 VerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 919 IS (B) equal access and involvement with re- 1 spect to any Federal agency action on environ- 2 mental justice issues in order to have a healthy 3 environment in which to live, learn, work, and 4 recreate. 5 (9) ENVIRONMENTAL JUSTICE COMMUNITY.— 6 The term ‘‘environmental justice community’’ means 7 a community with significant representation of com- 8 munities of color, low-income communities, or Tribal 9 and Indigenous communities, that experiences, or is 10 at risk of experiencing higher or more adverse 11 human health or environmental effects. 12 (10) ENVIRONMENTAL LAW.—The term ‘‘envi- 13 ronmental law’’ includes— 14 (A) the Clean Air Act (42 U.S.C. 7401 et 15 seq.); 16 (B) the Federal Water Pollution Control 17 Act (33 U.S.C. 1251 et seq.); 18 (C) the Energy Policy Act of 2005 (42 19 U.S.C. 15801 et seq.); 20 (D) the National Environmental Policy Act 21 of 1969 (42 U.S.C. 4321 et seq.); 22 (E) the Pollution Prevention Act of 1990 23 (42 U.S.C. 13101 et seq.); 24 VerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 919 IS (F) the Safe Drinking Water Act (42 1 U.S.C. 300f et seq.); 2 (G) the Solid Waste Disposal Act (42 3 U.S.C. 6901 et seq.); 4 (H) the Federal Insecticide, Fungicide, 5 and Rodenticide Act (7 U.S.C. 136 et seq.); 6 (I) the Toxic Substances Control Act (15 7 U.S.C. 2601 et seq.); 8 (J) Public Law 95–341 (commonly known 9 as the ‘‘American Indian Religious Freedom 10 Act’’) (42 U.S.C. 1996 et seq.); and 11 (K) division A of subtitle III of title 54, 12 United States Code (formerly known as the 13 ‘‘National Historic Preservation Act’’). 14 (11) FAIR TREATMENT.—The term ‘‘fair treat- 15 ment’’ means the conduct of a program, policy, prac- 16 tice, or activity by a Federal agency in a manner 17 that ensures that no group of individuals (including 18 racial, ethnic, or socioeconomic groups) experience a 19 disproportionate burden of adverse human health or 20 environmental effects resulting from such program, 21 policy, practice, or activity, as determined through 22 consultation with, and with the meaningful partici- 23 pation of, individuals from the communities affected 24 VerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 919 IS by a program, policy, practice, or activity of a Fed- 1 eral agency. 2 (12) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 3 has the meaning given the term in section 4 of the 4 Indian Self-Determination and Education Assistance 5 Act (25 U.S.C. 5304). 6 (13) LOCAL GOVERNMENT.—The term ‘‘local 7 government’’ means— 8 (A) a county, municipality, city, town, 9 township, local public authority, school district, 10 special district, intrastate district, council of 11 governments (regardless of whether the council 12 of governments is incorporated as a nonprofit 13 corporation under State law), regional or inter- 14 state governmental entity, or agency or instru- 15 mentality of a local government; or 16 (B) an Indian Tribe, an authorized Tribal 17 organization, or an Alaska Native village or or- 18 ganization. 19 (14) LOW-INCOME COMMUNITY.—The term 20 ‘‘low-income community’’ means any census block 21 group in which 30 percent or more of the population 22 are individuals with an annual household income 23 equal to, or less than, the greater [Text truncated for display. 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