Federal

A. Donald McEachin Environmental Justice For All Act

Source: Congress.gov · 29,660 words in original text

What This Bill Does

This bill aims to ensure that communities of color, low-income communities, and Native American communities receive fair treatment and equal protection from pollution and environmental hazards. It creates new rules requiring federal agencies to identify and address disproportionate (unequal) environmental impacts on vulnerable populations and allows people harmed by discrimination to sue in federal court. ##

Who It Affects

- Communities of color, low-income communities, and Native American/Indigenous communities - Federal agencies (EPA, Department of Interior, Department of Energy, and 20+ others) - Businesses seeking environmental permits for pollution-releasing facilities - People with disabilities, children, and elderly residents - State and local governments - Environmental justice organizations and advocacy groups ##

Key Provisions

- **Prohibition on discrimination based on disparate impact** — Federal agencies and anyone receiving federal funding cannot have programs, policies, or practices that cause discrimination based on race, color, or national origin, even if the discrimination is unintentional (Sec. 4) - **Right to sue in federal court** — Any person harmed by failure to follow these rules can file a lawsuit in any federal district court without needing to prove the amount of money involved or show citizenship (Sec. 5) - **Recovery of damages and attorney fees** — People who win discrimination cases can recover money damages, attorney fees, and expert fees; however, punitive damages (extra money as punishment) cannot be awarded against government agencies (Sec. 6) - **Cumulative impacts analysis for permits** — When federal agencies issue permits for water pollution or air pollution from major sources, they must analyze the combined effect of all pollution sources in the area, not just the single new source, to ensure there is reasonable certainty of no harm to public health (Sec. 7) - **White House Environmental Justice Interagency Council** — The President must establish a council with representatives from 28 federal agencies to coordinate environmental justice efforts, develop a strategy every 3 years, and publish annual performance scorecards (Sec. 8) - **Federal agency environmental justice strategies** — Within 2 years, each participating federal agency must develop and publish a plan identifying how it will address disproportionate environmental impacts on vulnerable communities (Sec. 9) - **Environmental Justice Ombuds position** — The EPA must create an independent office where people can file complaints about environmental justice problems and receive help resolving them (Sec. 10) - **Outdoor recreation grants** — The Secretary of the Interior shall award grants to states and local governments to create and renovate parks and outdoor recreation spaces in underserved urban communities (Sec. 11) ##

What Changes

If this bill becomes law, federal agencies would be required to actively identify and fix environmental problems that harm vulnerable communities. Businesses and polluters would bear the burden of proving their activities cause no harm to public health, rather than communities having to prove harm. Federal permitting decisions for pollution would need to account for all pollution sources in an area, not just one new facility. People harmed by environmental discrimination could sue directly in federal court and recover money damages and attorney fees. Federal agencies would need to publish plans showing how they address environmental injustices and report annually on progress. ##

Important Definitions

- **Environmental Justice** — Fair treatment and meaningful involvement of all people regardless of race, color, culture, national origin, or income in environmental decisions, so everyone receives equal protection from environmental hazards (Sec. 3) - **Community of Color** — A geographic area where the population of people who are Black, African American, Asian, Pacific Islander, Hispanic, Latino, linguistically isolated (not fluent in English), or Middle Eastern and North African is higher than the state average (Sec. 3) - **Low-Income Community** — Any census block group where 30 percent or more of households earn annual income at or below the greater of: (1) 80 percent of the area's median income, or (2) 200 percent of the federal poverty line (Sec. 3) - **Tribal and Indigenous Community** — A population of members of federally recognized Indian tribes, state-recognized Indian tribes, Alaska Native communities, or Native Hawaiian communities (Sec. 3) - **Disparate Impact** — A program, policy, or practice that appears neutral but actually results in discrimination based on race, color, or national origin (Sec. 3) - **Environmental Justice Community** — A community with significant representation of people of color, low-income people, or Native Americans that experiences or risks experiencing higher or more harmful environmental or health impacts (Sec. 3) - **Cumulative Impacts** — Any exposure to public health or environmental risk in a specific geographic area from combined past, present, and reasonably foreseeable pollution from any sources, considering vulnerable populations and socioeconomic factors (Sec. 7) ##

Effective Date

Sections 5 and 6 (right of action and recovery provisions) take effect on the date the bill is signed into law and apply to all actions pending or filed after that date. (Sec. 5(b)) Other sections require action within specified timeframes (for example, federal agencies have 2 years to develop environmental justice strategies (Sec. 9)). Other specific effective dates are not specified in bill text.

I 118TH CONGRESS 1ST SESSION H. R. 1705 To restore, reaffirm, and reconcile environmental justice and civil rights, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 22, 2023 Mr. GRIJALVA (for himself, Ms. LEE of California, Ms. SCHAKOWSKY, Mr. ESPAILLAT, Ms. BARRAGA´N, Ms. TLAIB, Ms. MENG, Ms. JAYAPAL, Mr. KHANNA, Ms. DEGETTE, Mrs. BEATTY, Ms. BUSH, Mr. SCOTT of Vir- ginia, Mr. NADLER, Ms. ESCOBAR, Ms. CASTOR of Florida, Mr. CON- NOLLY, Ms. BROWNLEY, Ms. STANSBURY, Mrs. NAPOLITANO, Mr. HUFFMAN, Mr. NEGUSE, Ms. OCASIO-CORTEZ, Ms. VELA´ZQUEZ, Ms. PORTER, Mr. GOMEZ, Mr. BOWMAN, Ms. TOKUDA, Ms. KAMLAGER- DOVE, Mr. CASAR, Mr. MCGOVERN, Mr. MFUME, Ms. KELLY of Illinois, Ms. MCCOLLUM, Mrs. MCCLELLAN, and Ms. JACKSON LEE) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Natural Resources, the Judiciary, Transportation and Infrastructure, Agriculture, and Education and the Workforce, for a period to be subsequently determined 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 VerDate Sep 11 2014 00:09 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1705.IH H1705 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 1705 IH SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the ‘‘A. 2 Donald McEachin Environmental Justice For All Act’’. 3 (b) TABLE OF CONTENTS.—The table of contents for 4 this Act is as follows: 5 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. Strengthening Community Protections under the National Environ- mental Policy Act. 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. 6 (a) FINDINGS.—Congress finds the following: 7 VerDate Sep 11 2014 00:09 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1705.IH H1705 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 1705 IH (1) Communities of color, low-income commu- 1 nities, Tribal and Indigenous communities, fossil 2 fuel-dependent communities, and other vulnerable 3 populations, such as persons with disabilities, chil- 4 dren, and the elderly, are disproportionately bur- 5 dened by environmental hazards that include expo- 6 sure to polluted air, waterways, and landscapes. 7 (2) Environmental justice disparities are also 8 exhibited through a lack of equitable access to green 9 spaces, public recreation opportunities, and informa- 10 tion and data on potential exposure to environmental 11 hazards. 12 (3) Communities experiencing environmental in- 13 justice have been subjected to systemic racial, social, 14 and economic injustices and face a disproportionate 15 burden of adverse human health or environmental 16 effects, a higher risk of intentional, unconscious, and 17 structural discrimination, and disproportionate en- 18 ergy burdens. 19 (4) Environmental justice communities have 20 been made more vulnerable to the effects of climate 21 change due to a combination of factors, particularly 22 the legacy of segregation and historically racist zon- 23 ing codes, and often have the least resources to re- 24 spond, making it a necessity for environmental jus- 25 VerDate Sep 11 2014 00:09 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1705.IH H1705 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 1705 IH tice communities to be meaningfully engaged as 1 partners and stakeholders in government decision 2 making as the United States builds its climate resil- 3 ience. 4 (5) Potential environmental and climate threats 5 to environmental justice communities merit a higher 6 level of engagement, review, and consent to ensure 7 that communities are not forced to bear dispropor- 8 tionate environmental and health impacts. 9 (6) The burden of proof that a proposed action 10 will not harm communities, including through cumu- 11 lative exposure effects, should fall on polluting in- 12 dustries and on the Federal Government in its regu- 13 latory role, not the communities themselves. 14 (7) Executive Order 12898 (42 U.S.C. 4321 15 note; relating to Federal actions to address environ- 16 mental justice in minority populations and low-in- 17 come populations) directs Federal agencies to ad- 18 dress disproportionately high and adverse human 19 health or environmental effects of its programs, but 20 Federal agencies have been inconsistent in updating 21 their strategic plans for environmental justice and 22 reporting on their progress in enacting those plans. 23 (8) Government action to correct environmental 24 injustices is a moral imperative. Federal policy can 25 VerDate Sep 11 2014 00:09 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1705.IH H1705 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 1705 IH and should improve public health and improve the 1 overall well-being of all communities. 2 (9) All people have the right to breathe clean 3 air, drink clean water, live free of dangerous levels 4 of toxic pollution, and share the benefits of a pros- 5 perous and vibrant pollution-free economy. 6 (10) A fair and just transition to a pollution- 7 free economy is necessary to ensure that workers 8 and communities in deindustrialized areas have ac- 9 cess to the resources and benefits of a sustainable 10 future. That transition must also address the eco- 11 nomic disparities experienced by residents living in 12 areas contaminated by pollution or environmental 13 degradation, including access to jobs, and members 14 of those communities must be fully and meaningfully 15 involved in transition planning processes. 16 (11) It is the responsibility of the Federal Gov- 17 ernment to seek to achieve environmental justice, 18 health equity, and climate justice for all commu- 19 nities. 20 (b) STATEMENT OF POLICY.—It is the policy of Con- 21 gress that each Federal agency should— 22 (1) seek to achieve environmental justice as 23 part of its mission by identifying and addressing, as 24 appropriate, disproportionately adverse human 25 VerDate Sep 11 2014 00:09 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1705.IH H1705 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 1705 IH health or environmental effects of its programs, poli- 1 cies, practices, and activities on communities of 2 color, low-income communities, and Tribal and In- 3 digenous communities in each State and territory of 4 the United States; 5 (2) promote meaningful involvement by commu- 6 nities and due process in the development, imple- 7 mentation, and enforcement of environmental laws; 8 (3) provide direct guidance and technical assist- 9 ance to communities experiencing environmental in- 10 justice focused on increasing shared understanding 11 of the science, laws, regulations, and policy related 12 to Federal agency action on environmental justice 13 issues; 14 (4) cooperate with State governments, Indian 15 Tribes, and local governments to address pollution 16 and public health burdens in communities experi- 17 encing environmental injustice, and build healthy, 18 sustainable, and resilient communities; and 19 (5) recognize the right of all people to clean air, 20 safe and affordable drinking water, protection from 21 climate hazards, and the sustainable preservation of 22 the ecological integrity and aesthetic, scientific, cul- 23 tural, and historical values of the natural environ- 24 ment. 25 VerDate Sep 11 2014 00:09 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1705.IH H1705 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 1705 IH SEC. 3. DEFINITIONS. 1 In this Act: 2 (1) ADMINISTRATOR.—The term ‘‘Adminis- 3 trator’’ means the Administrator of the Environ- 4 mental Protection Agency. 5 (2) ADVISORY COUNCIL.—The term ‘‘Advisory 6 Council’’ means the National Environmental Justice 7 Advisory Council established by the President under 8 section 19. 9 (3) CLEARINGHOUSE.—The term ‘‘Clearing- 10 house’’ means the Environmental Justice Clearing- 11 house established by the Administrator under section 12 20. 13 (4) COMMUNITY OF COLOR.—The term ‘‘com- 14 munity of color’’ means a geographically distinct 15 area in which the population of any of the following 16 categories of individuals is higher than the average 17 population of that category for the State in which 18 the community is located: 19 (A) Black. 20 (B) African American. 21 (C) Asian. 22 (D) Pacific Islander. 23 (E) Other non-White race. 24 (F) Hispanic. 25 (G) Latino. 26 VerDate Sep 11 2014 00:09 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1705.IH H1705 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 1705 IH (H) Linguistically isolated. 1 (I) Middle Eastern and North African. 2 (5) DIRECTOR.—The term ‘‘Director’’ means 3 the Director of the National Institute of Environ- 4 mental Health Sciences. 5 (6) DISPARATE IMPACT.—The term ‘‘disparate 6 impact’’ means an action or practice that, even if 7 appearing neutral, actually has the effect of sub- 8 jecting persons to discrimination on the basis of 9 race, color, or national origin. 10 (7) DISPROPORTIONATE BURDEN OF ADVERSE 11 HUMAN HEALTH OR ENVIRONMENTAL EFFECTS.— 12 The term ‘‘disproportionate burden of adverse 13 human health or environmental effects’’ means a sit- 14 uation where there exists higher or more adverse 15 human health or environmental effects on commu- 16 nities of color, low-income communities, and Tribal 17 and Indigenous communities. 18 (8) ENVIRONMENTAL JUSTICE.—The term ‘‘en- 19 vironmental justice’’ means the fair treatment and 20 meaningful involvement of all people regardless of 21 race, color, culture, national origin, or income, with 22 respect to the development, implementation, and en- 23 forcement of environmental laws, regulations, and 24 policies to ensure that each person enjoys— 25 VerDate Sep 11 2014 00:09 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1705.IH H1705 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 1705 IH (A) the same degree of protection from en- 1 vironmental and health hazards; and 2 (B) equal access and involvement with re- 3 spect to any Federal agency action on environ- 4 mental justice issues in order to have a healthy 5 environment in which to live, learn, work, and 6 recreate. 7 (9) ENVIRONMENTAL JUSTICE COMMUNITY.— 8 The term ‘‘environmental justice community’’ means 9 a community with significant representation of com- 10 munities of color, low-income communities, or Tribal 11 and Indigenous communities, that experiences, or is 12 at risk of experiencing higher or more adverse 13 human health or environmental effects. 14 (10) ENVIRONMENTAL LAW.—The term ‘‘envi- 15 ronmental law’’ includes— 16 (A) the Clean Air Act (42 U.S.C. 7401 et 17 seq.); 18 (B) the Federal Water Pollution Control 19 Act (33 U.S.C. 1251 et seq.); 20 (C) the Energy Policy Act of 2005 (42 21 U.S.C. 15801 et seq.); 22 (D) the National Environmental Policy Act 23 of 1969 (42 U.S.C. 4321 et seq.); 24 VerDate Sep 11 2014 00:09 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1705.IH H1705 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 1705 IH (E) the Pollution Prevention Act of 1990 1 (42 U.S.C. 13101 et seq.); 2 (F) the Safe Drinking Water Act (42 3 U.S.C. 300f et seq.); 4 (G) the Solid Waste Disposal Act (42 5 U.S.C. 6901 et seq.); 6 (H) the Federal Insecticide, Fungicide, 7 and Rodenticide Act (7 U.S.C. 136 et seq.); 8 (I) the Toxic Substances Control Act (15 9 U.S.C. 2601 et seq.); 10 (J) the American Indian Religious Free- 11 dom Act (42 U.S.C. 1996 et seq.); and 12 (K) the National Historic Preservation Act 13 of 1966 (16 U.S.C. 470 et seq.). 14 (11) FAIR TREATMENT.—The term ‘‘fair treat- 15 ment’’ means the conduct of a program, policy, prac- 16 tice, or activity by a Federal agency in a manner 17 that ensures that no group of individuals (including 18 racial, ethnic, or socioeconomic groups) experience a 19 disproportionate burden of adverse human health or 20 environmental effects resulting from such program, 21 policy, practice, or activity, as determined through 22 consultation with, and with the meaningful partici- 23 pation of, individuals from the communities affected 24 VerDate Sep 11 2014 00:09 Apr 12, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1705.IH H1705 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 1705 IH 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, cou [Text truncated for display. Full text available on Congress.gov.]

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