[Congressional Bills 116th Congress] [From the U.S. Government Publishing Office] [S. 4513 Introduced in Senate (IS)] <DOC> 116th CONGRESS 2d Session S. 4513 To ensure climate and environmental justice accountability, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES August 6, 2020 Ms. Harris introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To ensure climate and environmental justice accountability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Climate Equity Act of 2020''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I--CONGRESSIONAL EQUITY SCORE Sec. 101. Climate and Environmental Equity Office. TITLE II--OFFICE OF CLIMATE AND ENVIRONMENTAL JUSTICE ACCOUNTABILITY Sec. 201. Establishment; head of the Office. Sec. 202. Functions; personnel. Sec. 203. Board of Advisors. Sec. 204. Budgetary line item and authorization of appropriations. Sec. 205. Definition of frontline community. TITLE III--RULES AND REGULATIONS Sec. 301. Climate and environmental justice accountability agenda. Sec. 302. Initial climate and environmental justice analysis. Sec. 303. Final climate and environmental justice analysis. Sec. 304. Avoidance of duplicative or unnecessary analyses. Sec. 305. Procedures for gathering comments. Sec. 306. Periodic review of rules. Sec. 307. Judicial review. Sec. 308. Availability. TITLE IV--FEDERAL INVESTMENTS Sec. 401. Review of Federal investments. Sec. 402. Additional review. Sec. 403. Nonscheduled review. Sec. 404. Availability. TITLE V--SUBNATIONAL GUIDANCE Sec. 501. Guidance for development of implementation plans. SEC. 2. FINDINGS. Congress finds that-- (1)(A) the people of the United States have a right to live in a clean, healthful, and sustainable environment and climate, with access to clean air and clean water; (B) realizing the right described in subparagraph (A) will require addressing systemic environmental injustices and the growing inequities fueled by climate change; (C) the Federal Government has the responsibility to ensure that the right described in subparagraph (A) is realized; and (D) the Federal Government should be held accountable to protect the individuals most impacted by environmental degradation, climate change, and the fight to address climate change; (2) addressing the climate crisis will require a comprehensive set of solutions that includes-- (A) Federal investment; (B) the promulgation and enforcement of rules and regulations; and (C) international and intergovernmental cooperation; and (3) any policy to address climate and environmental justice must acknowledge that-- (A) climate change is-- (i) an immediate crisis, the impacts of which the United States is already experiencing; and (ii) a systemic injustice multiplier; (B) low-income communities, indigenous communities, and communities of color across the United States disproportionately experience the cumulative impacts of multiple pollution sources and the compounding impacts of a history of pollution exposure; and (C) the impacts of climate change will-- (i) disproportionately affect the communities that are already facing environmental injustice; and (ii) increase stressors on vulnerable communities, including the elderly, the unhoused, and individuals with disabilities. SEC. 3. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning given the term in section 551 of title 5, United States Code. (2) Board of advisors.--The term ``Board of Advisors'' means the Board of Advisors established within the Office under section 203(a). (3) Director.--The term ``Director'' means a Director of Climate and Environmental Justice for an agency, as established under section 202(c)(1). (4) Environmental or climate change nexus.--The term ``environmental or climate change nexus'' includes an action that-- (A) is intended to directly address or respond to the environment or climate change; (B) has an indirect impact on the status or quality of the environment or climate, including the construction of infrastructure and the manufacturing of goods; (C) has the potential to create or impact jobs relating to the transition to a clean economy; and (D) relates to public health that may be connected to pollution or climate change impacts. (5) Frontline community.-- (A) In general.--Except as provided in subparagraph (B), the term ``frontline community'' has the meaning given the term by the Board of Advisors under section 205. (B) Interim meaning.--Until the date on which the Board of Advisors establishes a definition of ``frontline community'' under section 205, the term ``frontline community'' means a community or population described in section 205(b). (6) Investment.--The term ``investment'' includes a grant, loan, rebate, or other similar program that is carried out by an agency. (7) Office.--The term ``Office'' means the Office of Climate and Environmental Justice Accountability established by section 201. (8) Rule.--The term ``rule'' has the meaning given the term in section 601 of title 5, United States Code. TITLE I--CONGRESSIONAL EQUITY SCORE SEC. 101. CLIMATE AND ENVIRONMENTAL EQUITY OFFICE. (a) Establishment of Climate and Environmental Equity Office.-- Section 201 of the Congressional Budget Act of 1974 (2 U.S.C. 601) is amended by adding at the end the following: ``(h) Climate and Environmental Equity Office.-- ``(1) In general.--There is established in the Office a Climate and Environmental Equity Office. ``(2) Director.--The Climate and Environmental Equity Office shall be headed by a Director appointed by the Director of the Office.''. (b) Duties and Functions.--Section 202(c) of the Congressional Budget Act of 1974 (2 U.S.C. 602(c)) is amended by adding at the end the following: ``(4)(A) In this paragraph, the terms `environmental or climate change nexus' and `frontline community' have the meanings given those terms in section 3 of the Climate Equity Act of 2020. ``(B)(i) In addition to any analysis under section 402, the Climate and Environmental Equity Office shall, to the extent practicable, prepare for each bill or resolution with an environmental or climate change nexus that is reported by any committee of the House of Representatives or the Senate and submit to such committee a statement by the Climate and Environmental Equity Office analyzing the quantitative and qualitative impacts to frontline communities of the bill or resolution in conformance with the criteria developed under subparagraph (C). ``(ii) A statement submitted under clause (i) shall be included in the report accompanying a bill or resolution if timely submitted to the applicable committee before the report is filed. ``(C)(i) Not later than 1 year after the date of enactment of this paragraph, the Director of the Climate and Environmental Equity Office, in coordination with an advisory board composed of relevant experts and representatives from frontline communities identified in coordination with the Board of Advisors established under section 203(a) of the Climate Equity Act of 2020, shall develop and make publicly available criteria for analyzing the quantitative and qualitative impacts of legislation under this paragraph. ``(ii) The criteria developed under clause (i) shall be reviewed once every 5 years by an advisory board described in that clause to incorporate the best available science, best practices, and new understanding relating to the impacts of policy on economic, social, environmental, and public health matters. ``(D) The Climate and Environmental Equity Office shall coordinate with the Director of the Office and other employees of the Office in carrying out this paragraph. ``(E) It shall not be in order in the House of Representatives or the Senate to consider any bill or resolution with an environmental or climate change nexus that is reported by any committee of the House of Representatives or the Senate unless the Director of the Climate and Environmental Equity Office has published a statement on the quantitative and qualitative impacts to frontline communities of the legislation prepared under subparagraph (B). ``(F) Any action taken by the Director of the Climate and Environmental Equity Office shall be informed by the best available science.''. TITLE II--OFFICE OF CLIMATE AND ENVIRONMENTAL JUSTICE ACCOUNTABILITY SEC. 201. ESTABLISHMENT; HEAD OF THE OFFICE. (a) In General.--There is established within the Office of Management and Budget an office, to be known as the ``Office of Climate and Environmental Justice Accountability''. (b) Head of the Office.--The head of the Office shall be appointed from civilian life by the President, by and with the advice and consent of the Senate. SEC. 202. FUNCTIONS; PERSONNEL. (a) Functions.--The functions of the Office include-- (1) to represent the views of frontline communities in rulemaking; (2) to conduct research, using the best available science, on environmental and climate issues and trends in frontline communities; (3) to measure the direct and indirect costs of environmental and climate regulations on frontline communities; (4) to develop and coordinate relevant environmental justice definitions and nomenclature across the Executive Branch; (5) to monitor compliance with the requirements of this Act; and (6) to coordinate with other Federal efforts to address environmental justice, such as efforts through the Council on Environmental Quality and the National Environmental Justice Advisory Council. (b) Personnel.-- (1) In general.--On the recommendation of the Board of Advisors, the head of the Office shall appoint a secretary for the Board of Advisors, and such other employees as the head of the Office determines to be necessary to exercise and fulfill the powers and responsibilities of the Office. (2) Compensation.--The compensation of all employees appointed under paragraph (1) shall be fixed in accordance with chapter 51 and subchapter III of chapter 53 of title 5, United States Code. (c) Directors of Climate and Environmental Justice.-- (1) In general.--The head of the Office shall work in coordination with the head of each agency described in paragraph (2) to establish or designate within each agency a position, to be known as the ``Director of Climate and Environmental Justice''. (2) Agencies described.--The agencies referred to in paragraph (1) are-- (A) the Environmental Protection Agency; (B) the Department of Agriculture; (C) the Department of Commerce; (D) the Department of Defense; (E) the Department of Energy; (F) the Department of Health and Human Services; (G) the Department of Homeland Security; (H) the Department of Housing and Urban Development; (I) the Department of the Interior; (J) the Department of Labor; (K) the Department of Transportation; (L) the Department of Education; (M) the Department of Justice; (N) the Department of the Treasury; (O) the Department of Veterans Affairs; (P) the Small Business Administration; (Q) the Office of Science and Technology Policy; (R) the Council on Environmental Quality; and (S) any other Federal department, agency, commission, or office that the head of the Office determines to be appropriate. (3) Function.--The function of a Director is to ensure the implementation of this Act within the applicable agency. SEC. 203. BOARD OF ADVISORS. (a) Establishment.--The head of the Office shall establish within the Office a Board of Advisors, which shall provide such scientific advice as may be requested by-- (1) the Director of the Office of Management and Budget; (2) the head of the Office; (3) a Director; or (4) a member or committee of Congress. (b) Members.-- (1) Appointment.-- (A) In general.--Members of the Board of Advisors shall be appointed by the head of the Office, on the recommendation of the National Academy of Sciences. (B) Funding.-- (i) In general.--There are authorized to be appropriated to the Office such sums as are necessary for the National Academy of Sciences to make recommendations under subparagraph (A). (ii) Transfer.--The head of the Office shall transfer to the National Academy of Sciences any amounts appropriated under clause (i). (2) Size of board.-- (A) In general.--Subject to subparagraph (B), the Board of Advisors shall be composed of not less than 10 members that provide diverse and fair representation of frontline communities and allies of frontline communities, 1 of whom shall be designated chairperson. (B) Additional members.--At the discretion of the head of the Office, on the recommendation of the National Academy of Sciences, additional members representing frontline communities or allies of frontline communities may be added to the Board of Advisors on an interim or permanent basis. (3) Qualifications.--Each member of the Board of Advisors shall be-- (A)(i) a representative of a frontline community; or (ii) an ally of a frontline community; and (B) qualified by education, training, and experience to evaluate information on matters referred to the Board of Advisors under this Act. (4) Term.--A member of the Board of Advisors shall serve for a term of 3 years, which may be renewed for 1 additional term of 3 years on the recommendation of the National Academy of Sciences. (c) Compensation.--Members of the Board of Advisors may be compensated at a rate to be fixed by the President but not to exceed the maximum amount of compensation payable to a member of the Senior Executive Service under subsection (b) of section 5382 of title 5, United States Code. (d) Public Participation and Transparency.--The Board of Advisors shall make every effort, consistent with applicable law, including section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''), and section 552a of title 5, United States Code (commonly known as the ``Privacy Act of 1974''), to maximize public participation and transparency, including making the advice of the Board of Advisors publicly available in electronic form, including video streaming, on the website of the Office. SEC. 204. BUDGETARY LINE ITEM AND AUTHORIZATION OF APPROPRIATIONS. (a) Appropriation Requests.--Each budget of the United States Government submitted by the President under section 1105 of title 31, United States Code, shall include a separate statement of the amount of appropriations requested for the Office, which shall be designated in a separate account in the general fund of the Treasury. (b) Administrative Operations.--The Director of the Office of Management and Budget shall provide [Text truncated for display. Full text available on Congress.gov.]