Environmental Justice For All Act

I 116TH CONGRESS 2D SESSION H. R. 5986 To restore, reaffirm, and reconcile environmental justice and civil rights, provide for the establishment of the Interagency Working Group on Environmental Justice Compliance and Enforcement, and for other pur- poses. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 27, 2020 Mr. GRIJALVA (for himself, Mr. MCEACHIN, Mr. KENNEDY, Ms. BARRAGA´N, Ms. NORTON, Mr. ESPAILLAT, Ms. HAALAND, Ms. LEE of California, Mr. LOWENTHAL, Ms. TLAIB, Ms. CLARKE of New York, Ms. JUDY CHU of California, Mr. NEGUSE, Ms. SCHAKOWSKY, Ms. MENG, Mr. GOMEZ, Mr. BEYER, Ms. BLUNT ROCHESTER, Mr. GARCI´A of Illinois, and Ms. JAYAPAL) 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, provide for the establishment of the Inter- agency Working Group on Environmental Justice Com- pliance and Enforcement, 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 02:22 Mar 03, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5986.IH H5986 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5986 IH SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘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; findings. Sec. 2. 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. Interagency Working Group on Environmental Justice Compliance and Enforcement. Sec. 9. Federal agency actions and responsibilities. Sec. 10. Ombudsmen. Sec. 11. Access to parks, outdoor spaces, and public recreation opportunities. Sec. 12. Transit to trails grant program. Sec. 13. Every Kid Outdoors. 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. (c) FINDINGS.—Congress finds the following: 6 (1) Communities of color, low-income commu- 7 nities, Tribal and indigenous communities, fossil 8 VerDate Sep 11 2014 03:41 Mar 04, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5986.IH H5986 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5986 IH fuel-dependent communities, and other vulnerable 1 populations, such as persons with disabilities, chil- 2 dren, and the elderly, are disproportionately bur- 3 dened by environmental hazards that include expo- 4 sure to polluted air, waterways, and landscapes. 5 (2) Environmental justice disparities are also 6 exhibited through a lack of equitable access to green 7 spaces, public recreation opportunities, and informa- 8 tion and data on potential exposure to environmental 9 hazards. 10 (3) Communities experiencing environmental in- 11 justice have been subjected to systemic racial, social, 12 and economic injustices and face a disproportionate 13 burden of adverse human health or environmental 14 effects, a higher risk of intentional, unconscious, and 15 structural discrimination, and disproportionate en- 16 ergy burdens. 17 (4) Environmental justice communities have 18 been made more vulnerable to the effects of climate 19 change due to a combination of factors, particularly 20 the legacy of segregation and historically racist zon- 21 ing codes, and often have the least resources to re- 22 spond, making it a necessity for environmental jus- 23 tice communities to be meaningfully engaged as 24 VerDate Sep 11 2014 02:22 Mar 03, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5986.IH H5986 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5986 IH partners and stakeholders in government decision- 1 making as our nation builds its climate resilience. 2 (5) Potential environmental and climate threats 3 to environmental justice communities merit a higher 4 level of engagement, review, and consent to ensure 5 that communities are not forced to bear dispropor- 6 tionate environmental and health impacts. 7 (6) The burden of proof that a proposed action 8 will not harm communities, including through cumu- 9 lative exposure effects, should fall on polluting in- 10 dustries and on the Federal Government in its regu- 11 latory role, not the communities themselves. 12 (7) Executive Order 12898 (59 Fed. Reg. 32, 13 relating to Federal Actions To Address Environ- 14 mental Justice in Minority Populations and Low-In- 15 come Populations) directs Federal agencies to ad- 16 dress disproportionately high and adverse human 17 health or environmental effects of its programs, but 18 Federal agencies have been inconsistent in updating 19 their strategic plans for environmental justice and 20 reporting on their progress in enacting these plans. 21 (8) Government action to correct environmental 22 injustices is a moral imperative. Federal policy can 23 and should improve public health and improve the 24 overall well-being of all communities. 25 VerDate Sep 11 2014 02:22 Mar 03, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5986.IH H5986 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 5986 IH (9) All people have the right to breathe clean 1 air, drink clean water, live free of dangerous levels 2 of toxic pollution, and share the benefits of a pros- 3 perous and vibrant pollution-free economy. 4 (10) A fair and just transition to a pollution- 5 free economy is necessary to ensure that workers 6 and communities in deindustrialized areas have ac- 7 cess to the resources and benefits of a sustainable 8 future. This transition must also address the eco- 9 nomic disparities experienced by residents living in 10 areas contaminated by pollution or environmental 11 degradation, including access to jobs, and members 12 of those communities must be fully and meaningfully 13 involved in transition planning processes. 14 (11) It is the responsibility of the Federal Gov- 15 ernment to seek to achieve environmental justice, 16 health equity, and climate justice for all commu- 17 nities. 18 SEC. 2. STATEMENT OF POLICY. 19 It is the policy of Congress that each Federal agency 20 should— 21 (1) seek to achieve environmental justice as 22 part of its mission by identifying and addressing, as 23 appropriate, disproportionately adverse human 24 health or environmental effects of its programs, poli- 25 VerDate Sep 11 2014 02:22 Mar 03, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5986.IH H5986 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 5986 IH cies, practices, and activities on communities of 1 color, low-income communities, and Tribal and in- 2 digenous communities in each State and territory of 3 the United States; 4 (2) promote meaningful involvement by commu- 5 nities and due process in the development, imple- 6 mentation, and enforcement of environmental laws; 7 (3) provide direct guidance and technical assist- 8 ance to communities experiencing environmental in- 9 justice focused on increasing shared understanding 10 of the science, laws, regulations, and policy related 11 to Federal agency action on environmental justice 12 issues; 13 (4) cooperate with State governments, Tribal 14 Governments, and local governments to address pol- 15 lution and public health burdens in communities ex- 16 periencing environmental injustice, and build 17 healthy, sustainable, and resilient communities; and 18 (5) recognize the right of all people to clean air, 19 safe and affordable drinking water, protection from 20 climate hazards, and to the sustainable preservation 21 of the ecological integrity and aesthetic, scientific, 22 cultural, and historical values of the natural environ- 23 ment. 24 VerDate Sep 11 2014 02:22 Mar 03, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5986.IH H5986 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 5986 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 18. 9 (3) AGGRIEVED PERSON.—The term ‘‘aggrieved 10 person’’ means a person aggrieved by discrimination 11 on the basis of race, color, or national origin. 12 (4) CLEARINGHOUSE.—The term ‘‘Clearing- 13 house’’ means the Environmental Justice Clearing- 14 house established by the Administrator under section 15 19. 16 (5) COMMUNITY OF COLOR.—The term ‘‘com- 17 munity of color’’ means a geographically distinct 18 area in which the population of any of the following 19 categories of individuals is higher than the average 20 populations of that category for the State in which 21 the community is located: 22 (A) Black. 23 (B) African American. 24 (C) Asian. 25 (D) Pacific Islander. 26 VerDate Sep 11 2014 02:22 Mar 03, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5986.IH H5986 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 5986 IH (E) Other non-White race. 1 (F) Hispanic. 2 (G) Latino. 3 (H) Linguistically isolated. 4 (6) COVERED AGENCY.—The term ‘‘covered 5 agency’’ means an agency described in section 8(c). 6 (7) DEMONSTRATES.—The term ‘‘dem- 7 onstrates’’ means meets the burdens of going for- 8 ward with the evidence and of persuasion. 9 (8) DIRECTOR.—The term ‘‘Director’’ means 10 the Director of the National Institute of Environ- 11 mental Health Sciences. 12 (9) DISPARATE IMPACT.—The term ‘‘disparate 13 impact’’ means an action or practice that, even if 14 appearing neutral, actually has the effect of sub- 15 jecting persons to discrimination because of their 16 race, color, or national origin. 17 (10) DISPROPORTIONATE BURDEN OF ADVERSE 18 HUMAN HEALTH OR ENVIRONMENTAL EFFECTS.— 19 The term ‘‘disproportionate burden of adverse 20 human health or environmental effects’’ means a sit- 21 uation where there exists higher or more adverse 22 human health or environmental effects on commu- 23 nities of color, low-income communities, and Tribal 24 and indigenous communities. 25 VerDate Sep 11 2014 02:22 Mar 03, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5986.IH H5986 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 5986 IH (11) ENVIRONMENTAL JUSTICE.—The term 1 ‘‘environmental justice’’ means the fair treatment 2 and meaningful involvement of all people regardless 3 of race, color, culture, national origin, or income, 4 with respect to the development, implementation, 5 and enforcement of environmental laws, regulations, 6 and policies to ensure that each person enjoys— 7 (A) the same degree of protection from en- 8 vironmental and health hazards; and 9 (B) equal access to any Federal agency ac- 10 tion on environmental justice issues in order to 11 have a healthy environment in which to live, 12 learn, work, and recreate. 13 (12) ENVIRONMENTAL JUSTICE COMMUNITY.— 14 The term ‘‘environmental justice community’’ means 15 a community with significant representation of com- 16 munities of color, low-income communities, or Tribal 17 and indigenous communities, that experiences, or is 18 at risk of experiencing higher or more adverse 19 human health or environmental effects. 20 (13) ENVIRONMENTAL LAW.—The term ‘‘envi- 21 ronmental law’’ includes laws such as the Clean Air 22 Act (42 U.S.C. 7401 et seq.), the Federal Water 23 Pollution Control Act (33 U.S.C. 1251 et seq.), the 24 Energy Policy Act of 2005, the National Environ- 25 VerDate Sep 11 2014 02:22 Mar 03, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5986.IH H5986 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 5986 IH mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 1 the Pollution Prevention Act of 1990 (42 U.S.C. 2 13101 et seq.), the Safe Drinking Water Act (42 3 U.S.C. 300f et seq.), the Solid Waste Disposal Act 4 (42 U.S.C. 6901 et seq.), the Federal Insecticide, 5 Fungicide, and Rodenticide Act (7 U.S.C. 136 et 6 seq.), and the Toxic Substances Control Act (15 7 U.S.C. 2601 et seq.). 8 (14) FAIR TREATMENT.—The term ‘‘fair treat- 9 ment’’ means the conduct of a program, policy, prac- 10 tice or activity by a Federal agency in a manner that 11 ensures that no group of individuals (including ra- 12 cial, ethnic, or socioeconomic groups) experience a 13 disproportionate burden of adverse human health or 14 environmental effects resulting from such program, 15 policy, practice, or activity, as determined through 16 consultation with, and with the meaningful partici- 17 pation of, individuals from the communities affected 18 by a program, policy, practice or activity of a Fed- 19 eral agency. 20 (15) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 21 has the meaning given the term ‘‘Indian tribe’’ in 22 section 4 of the Indian Self-Determination and Edu- 23 cation Assistance Act (25 U.S.C. 5304). 24 VerDate Sep 11 2014 03:41 Mar 04, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5986.IH H5986 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 5986 IH (16) LOCAL GOVERNMENT.—The term ‘‘local 1 government’’ means— 2 (A) a county, municipality, city, town, 3 township, local public authority, school district, 4 special district, intrastate district, council of 5 governm [Text truncated for display. 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