Environmental Justice For All Act

II 116TH CONGRESS 2D SESSION S. 4401 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 SENATE OF THE UNITED STATES AUGUST 3, 2020 Ms. HARRIS (for herself, Ms. DUCKWORTH, Mr. BOOKER, Ms. WARREN, Mrs. FEINSTEIN, Mr. WYDEN, Mr. DURBIN, Ms. SMITH, Mr. BLUMENTHAL, Mr. MARKEY, Mr. SCHATZ, Mr. MERKLEY, Mrs. GILLIBRAND, and Mr. UDALL) 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, 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 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Environmental Justice For All Act’’. 5 VerDate Sep 11 2014 04:07 Aug 23, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4401.IS S4401 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4401 IS (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 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. Ombudsman. 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: 3 (1) Communities of color, low-income commu- 4 nities, Tribal and indigenous communities, fossil 5 fuel-dependent communities, and other vulnerable 6 populations, such as persons with disabilities, chil- 7 dren, and the elderly, are disproportionately bur- 8 VerDate Sep 11 2014 01:12 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4401.IS S4401 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4401 IS dened by environmental hazards that include expo- 1 sure to polluted air, waterways, and landscapes. 2 (2) Environmental justice disparities are also 3 exhibited through a lack of equitable access to green 4 spaces, public recreation opportunities, and informa- 5 tion and data on potential exposure to environmental 6 hazards. 7 (3) Communities experiencing environmental in- 8 justice have been subjected to systemic racial, social, 9 and economic injustices and face a disproportionate 10 burden of adverse human health or environmental 11 effects, a higher risk of intentional, unconscious, and 12 structural discrimination, and disproportionate en- 13 ergy burdens. 14 (4) Environmental justice communities have 15 been made more vulnerable to the effects of climate 16 change due to a combination of factors, particularly 17 the legacy of segregation and historically racist zon- 18 ing codes, and often have the least resources to re- 19 spond, making it a necessity for environmental jus- 20 tice communities to be meaningfully engaged as 21 partners and stakeholders in government decision 22 making as our nation builds its climate resilience. 23 (5) Potential environmental and climate threats 24 to environmental justice communities merit a higher 25 VerDate Sep 11 2014 01:12 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4401.IS S4401 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4401 IS level of engagement, review, and consent to ensure 1 that communities are not forced to bear dispropor- 2 tionate environmental and health impacts. 3 (6) The burden of proof that a proposed action 4 will not harm communities, including through cumu- 5 lative exposure effects, should fall on polluting in- 6 dustries and on the Federal Government in its regu- 7 latory role, not the communities themselves. 8 (7) Executive Order 12898 (59 Fed. Reg. 32, 9 relating to Federal Actions To Address Environ- 10 mental Justice in Minority Populations and Low-In- 11 come Populations) directs Federal agencies to ad- 12 dress disproportionately high and adverse human 13 health or environmental effects of its programs, but 14 Federal agencies have been inconsistent in updating 15 their strategic plans for environmental justice and 16 reporting on their progress in enacting these plans. 17 (8) Government action to correct environmental 18 injustices is a moral imperative. Federal policy can 19 and should improve public health and improve the 20 overall well-being of all communities. 21 (9) All people have the right to breathe clean 22 air, drink clean water, live free of dangerous levels 23 of toxic pollution, and share the benefits of a pros- 24 perous and vibrant pollution-free economy. 25 VerDate Sep 11 2014 04:07 Aug 23, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4401.IS S4401 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4401 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. This 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 SEC. 2. STATEMENT OF POLICY. 15 It is the policy of Congress that each Federal agency 16 should— 17 (1) seek to achieve environmental justice as 18 part of its mission by identifying and addressing, as 19 appropriate, disproportionately adverse human 20 health or environmental effects of its programs, poli- 21 cies, practices, and activities on communities of 22 color, low-income communities, and Tribal and in- 23 digenous communities in each State and territory of 24 the United States; 25 VerDate Sep 11 2014 04:07 Aug 23, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4401.IS S4401 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4401 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 to the sustainable preservation 17 of the ecological integrity and aesthetic, scientific, 18 cultural, 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 04:07 Aug 23, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4401.IS S4401 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4401 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) AGGRIEVED PERSON.—The term ‘‘aggrieved 5 person’’ means a person aggrieved by discrimination 6 on the basis of race, color, or national origin. 7 (4) CLEARINGHOUSE.—The term ‘‘Clearing- 8 house’’ means the Environmental Justice Clearing- 9 house established by the Administrator under section 10 19. 11 (5) 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 populations 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 04:07 Aug 23, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4401.IS S4401 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4401 IS (6) COVERED AGENCY.—The term ‘‘covered 1 agency’’ means an agency described in section 8(c). 2 (7) DEMONSTRATES.—The term ‘‘dem- 3 onstrates’’ means meets the burdens of going for- 4 ward with the evidence and of persuasion. 5 (8) DIRECTOR.—The term ‘‘Director’’ means 6 the Director of the National Institute of Environ- 7 mental Health Sciences. 8 (9) DISPARATE IMPACT.—The term ‘‘disparate 9 impact’’ means an action or practice that, even if 10 appearing neutral, actually has the effect of sub- 11 jecting persons to discrimination because of their 12 race, color, or national origin. 13 (10) DISPROPORTIONATE BURDEN OF ADVERSE 14 HUMAN HEALTH OR ENVIRONMENTAL EFFECTS.— 15 The term ‘‘disproportionate burden of adverse 16 human health or environmental effects’’ means a sit- 17 uation where there exists higher or more adverse 18 human health or environmental effects on commu- 19 nities of color, low-income communities, and Tribal 20 and indigenous communities. 21 (11) ENVIRONMENTAL JUSTICE.—The term 22 ‘‘environmental justice’’ means the fair treatment 23 and meaningful involvement of all people regardless 24 of race, color, culture, national origin, or income, 25 VerDate Sep 11 2014 04:07 Aug 23, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4401.IS S4401 kjohnson on DSK79L0C42PROD with BILLS 9 •S 4401 IS with respect to the development, implementation, 1 and enforcement of environmental laws, regulations, 2 and policies to ensure that each person enjoys— 3 (A) the same degree of protection from en- 4 vironmental and health hazards; and 5 (B) equal access to any Federal agency ac- 6 tion on environmental justice issues in order to 7 have a healthy environment in which to live, 8 learn, work, and recreate. 9 (12) ENVIRONMENTAL JUSTICE COMMUNITY.— 10 The term ‘‘environmental justice community’’ means 11 a community with significant representation of com- 12 munities of color, low-income communities, or Tribal 13 and indigenous communities, that experiences, or is 14 at risk of experiencing higher or more adverse 15 human health or environmental effects. 16 (13) ENVIRONMENTAL LAW.—The term ‘‘envi- 17 ronmental law’’ includes laws such as the Clean Air 18 Act (42 U.S.C. 7401 et seq.), the Federal Water 19 Pollution Control Act (33 U.S.C. 1251 et seq.), the 20 Energy Policy Act of 2005, the National Environ- 21 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 22 the Pollution Prevention Act of 1990 (42 U.S.C. 23 13101 et seq.), the Safe Drinking Water Act (42 24 U.S.C. 300f et seq.), the Solid Waste Disposal Act 25 VerDate Sep 11 2014 04:07 Aug 23, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4401.IS S4401 kjohnson on DSK79L0C42PROD with BILLS 10 •S 4401 IS (42 U.S.C. 6901 et seq.), the Federal Insecticide, 1 Fungicide, and Rodenticide Act (7 U.S.C. 136 et 2 seq.), and the Toxic Substances Control Act (15 3 U.S.C. 2601 et seq.). 4 (14) 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 that 7 ensures that no group of individuals (including ra- 8 cial, 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 (15) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 17 has the meaning given the term ‘‘Indian tribe’’ in 18 section 4 of the Indian Self-Determination and Edu- 19 cation Assistance Act (25 U.S.C. 5304). 20 (16) 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 04:07 Aug 23, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4401.IS S4401 kjohnson on DSK79L0C42PROD with BILLS 11 •S 4401 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 (17) LOW-INCOME COMMUNITY.—The term 9 ‘‘low-income community’’ means a [Text truncated for display. 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