I 116TH CONGRESS 2D SESSION H. R. 8019 To ensure climate and environmental justice accountability, and for other purposes. IN THE HOUSE OF REPRESENTATIVES AUGUST 11, 2020 Ms. OCASIO-CORTEZ introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committees on the Budget, Rules, the Judiciary, Energy and Commerce, Science, Space, and Technology, and Natural Resources, for a period to be subse- quently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To ensure climate and environmental justice accountability, 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 4 ‘‘Climate Equity Act of 2020’’. 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. Sec. 3. Definitions. VerDate Sep 11 2014 21:21 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H8019.IH H8019 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 8019 IH 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. 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. 1 Congress finds that— 2 (1)(A) the people of the United States have a 3 right to live in a clean, healthful, and sustainable en- 4 vironment and climate, with access to clean air and 5 clean water; 6 (B) realizing the right described in subpara- 7 graph (A) will require addressing systemic environ- 8 mental injustices and the growing inequities fueled 9 by climate change; 10 VerDate Sep 11 2014 21:21 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8019.IH H8019 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 8019 IH (C) the Federal Government has the responsi- 1 bility to ensure that the right described in subpara- 2 graph (A) is realized; and 3 (D) the Federal Government should be held ac- 4 countable to protect the individuals most impacted 5 by environmental degradation, climate change, and 6 the fight to address climate change; 7 (2) addressing the climate crisis will require a 8 comprehensive set of solutions that includes— 9 (A) Federal investment; 10 (B) the promulgation and enforcement of 11 rules and regulations; and 12 (C) international and intergovernmental 13 cooperation; and 14 (3) any policy to address climate and environ- 15 mental justice must acknowledge that— 16 (A) climate change is— 17 (i) an immediate crisis, the impacts of 18 which the United States is already experi- 19 encing; and 20 (ii) a systemic injustice multiplier; 21 (B) low-income communities, indigenous 22 communities, and communities of color across 23 the United States disproportionately experience 24 the cumulative impacts of multiple pollution 25 VerDate Sep 11 2014 21:21 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8019.IH H8019 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 8019 IH sources and the compounding impacts of a his- 1 tory of pollution exposure; and 2 (C) the impacts of climate change will— 3 (i) disproportionately affect the com- 4 munities that are already facing environ- 5 mental injustice; and 6 (ii) increase stressors on vulnerable 7 communities, including the elderly, the 8 unhoused, and individuals with disabilities. 9 SEC. 3. DEFINITIONS. 10 In this Act: 11 (1) AGENCY.—The term ‘‘agency’’ has the 12 meaning given the term in section 551 of title 5, 13 United States Code. 14 (2) BOARD OF ADVISORS.—The term ‘‘Board of 15 Advisors’’ means the Board of Advisors established 16 within the Office under section 203(a). 17 (3) DIRECTOR.—The term ‘‘Director’’ means a 18 Director of Climate and Environmental Justice for 19 an agency, as established under section 202(c)(1). 20 (4) ENVIRONMENTAL OR CLIMATE CHANGE 21 NEXUS.—The term ‘‘environmental or climate 22 change nexus’’ includes an action that— 23 (A) is intended to directly address or re- 24 spond to the environment or climate change; 25 VerDate Sep 11 2014 21:21 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8019.IH H8019 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 8019 IH (B) has an indirect impact on the status or 1 quality of the environment or climate, including 2 the construction of infrastructure and the man- 3 ufacturing of goods; 4 (C) has the potential to create or impact 5 jobs relating to the transition to a clean econ- 6 omy; and 7 (D) relates to public health that may be 8 connected to pollution or climate change im- 9 pacts. 10 (5) FRONTLINE COMMUNITY.— 11 (A) IN GENERAL.—Except as provided in 12 subparagraph (B), the term ‘‘frontline commu- 13 nity’’ has the meaning given the term by the 14 Board of Advisors under section 205. 15 (B) INTERIM MEANING.—Until the date on 16 which the Board of Advisors establishes a defi- 17 nition of ‘‘frontline community’’ under section 18 205, the term ‘‘frontline community’’ means a 19 community or population described in section 20 205(b). 21 (6) INVESTMENT.—The term ‘‘investment’’ in- 22 cludes a grant, loan, rebate, or other similar pro- 23 gram that is carried out by an agency. 24 VerDate Sep 11 2014 21:21 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8019.IH H8019 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 8019 IH (7) OFFICE.—The term ‘‘Office’’ means the Of- 1 fice of Climate and Environmental Justice Account- 2 ability established by section 201. 3 (8) RULE.—The term ‘‘rule’’ has the meaning 4 given the term in section 601 of title 5, United 5 States Code. 6 TITLE I—CONGRESSIONAL 7 EQUITY SCORE 8 SEC. 101. CLIMATE AND ENVIRONMENTAL EQUITY OFFICE. 9 (a) ESTABLISHMENT OF CLIMATE AND ENVIRON- 10 MENTAL EQUITY OFFICE.—Section 201 of the Congres- 11 sional Budget Act of 1974 (2 U.S.C. 601) is amended by 12 adding at the end the following: 13 ‘‘(h) CLIMATE AND ENVIRONMENTAL EQUITY OF- 14 FICE.— 15 ‘‘(1) IN GENERAL.—There is established in the 16 Office a Climate and Environmental Equity Office. 17 ‘‘(2) DIRECTOR.—The Climate and Environ- 18 mental Equity Office shall be headed by a Director 19 appointed by the Director of the Office.’’. 20 (b) DUTIES AND FUNCTIONS.—Section 202(c) of the 21 Congressional Budget Act of 1974 (2 U.S.C. 602(c)) is 22 amended by adding at the end the following: 23 ‘‘(4)(A) In this paragraph, the terms ‘environ- 24 mental or climate change nexus’ and ‘frontline com- 25 VerDate Sep 11 2014 21:21 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8019.IH H8019 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 8019 IH munity’ have the meanings given those terms in sec- 1 tion 3 of the Climate Equity Act of 2020. 2 ‘‘(B)(i) In addition to any analysis under sec- 3 tion 402, the Climate and Environmental Equity Of- 4 fice shall, to the extent practicable, prepare for each 5 bill or resolution with an environmental or climate 6 change nexus that is reported by any committee of 7 the House of Representatives or the Senate and sub- 8 mit to such committee a statement by the Climate 9 and Environmental Equity Office analyzing the 10 quantitative and qualitative impacts to frontline 11 communities of the bill or resolution in conformance 12 with the criteria developed under subparagraph (C). 13 ‘‘(ii) A statement submitted under clause (i) 14 shall be included in the report accompanying a bill 15 or resolution if timely submitted to the applicable 16 committee before the report is filed. 17 ‘‘(C)(i) Not later than 1 year after the date of 18 enactment of this paragraph, the Director of the Cli- 19 mate and Environmental Equity Office, in coordina- 20 tion with an advisory board composed of relevant ex- 21 perts and representatives from frontline communities 22 identified in coordination with the Board of Advisors 23 established under section 203(a) of the Climate Eq- 24 uity Act of 2020, shall develop and make publicly 25 VerDate Sep 11 2014 21:21 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8019.IH H8019 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 8019 IH available criteria for analyzing the quantitative and 1 qualitative impacts of legislation under this para- 2 graph. 3 ‘‘(ii) The criteria developed under clause (i) 4 shall be reviewed once every 5 years by an advisory 5 board described in that clause to incorporate the 6 best available science, best practices, and new under- 7 standing relating to the impacts of policy on eco- 8 nomic, social, environmental, and public health mat- 9 ters. 10 ‘‘(D) The Climate and Environmental Equity 11 Office shall coordinate with the Director of the Of- 12 fice and other employees of the Office in carrying 13 out this paragraph. 14 ‘‘(E) It shall not be in order in the House of 15 Representatives or the Senate to consider any bill or 16 resolution with an environmental or climate change 17 nexus that is reported by any committee of the 18 House of Representatives or the Senate unless the 19 Director of the Climate and Environmental Equity 20 Office has published a statement on the quantitative 21 and qualitative impacts to frontline communities of 22 the legislation prepared under subparagraph (B). 23 VerDate Sep 11 2014 21:21 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8019.IH H8019 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 8019 IH ‘‘(F) Any action taken by the Director of the 1 Climate and Environmental Equity Office shall be 2 informed by the best available science.’’. 3 TITLE II—OFFICE OF CLIMATE 4 AND ENVIRONMENTAL JUS- 5 TICE ACCOUNTABILITY 6 SEC. 201. ESTABLISHMENT; HEAD OF THE OFFICE. 7 (a) IN GENERAL.—There is established within the 8 Office of Management and Budget an office, to be known 9 as the ‘‘Office of Climate and Environmental Justice Ac- 10 countability’’. 11 (b) HEAD OF THE OFFICE.—The head of the Office 12 shall be appointed from civilian life by the President, by 13 and with the advice and consent of the Senate. 14 SEC. 202. FUNCTIONS; PERSONNEL. 15 (a) FUNCTIONS.—The functions of the Office in- 16 clude— 17 (1) to represent the views of frontline commu- 18 nities in rulemaking; 19 (2) to conduct research, using the best available 20 science, on environmental and climate issues and 21 trends in frontline communities; 22 (3) to measure the direct and indirect costs of 23 environmental and climate regulations on frontline 24 communities; 25 VerDate Sep 11 2014 21:21 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8019.IH H8019 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 8019 IH (4) to develop and coordinate relevant environ- 1 mental justice definitions and nomenclature across 2 the executive branch; 3 (5) to monitor compliance with the require- 4 ments of this Act; and 5 (6) to coordinate with other Federal efforts to 6 address environmental justice, such as efforts 7 through the Council on Environmental Quality and 8 the National Environmental Justice Advisory Coun- 9 cil. 10 (b) PERSONNEL.— 11 (1) IN GENERAL.—On the recommendation of 12 the Board of Advisors, the head of the Office shall 13 appoint a secretary for the Board of Advisors, and 14 such other employees as the head of the Office de- 15 termines to be necessary to exercise and fulfill the 16 powers and responsibilities of the Office. 17 (2) COMPENSATION.—The compensation of all 18 employees appointed under paragraph (1) shall be 19 fixed in accordance with chapter 51 and subchapter 20 III of chapter 53 of title 5, United States Code. 21 (c) DIRECTORS OF CLIMATE AND ENVIRONMENTAL 22 JUSTICE.— 23 (1) IN GENERAL.—The head of the Office shall 24 work in coordination with the head of each agency 25 VerDate Sep 11 2014 21:21 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8019.IH H8019 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 8019 IH described in paragraph (2) to establish or designate 1 within each agency a position, to be known as the 2 ‘‘Director of Climate and Environmental Justice’’. 3 (2) AGENCIES DESCRIBED.—The agencies re- 4 ferred to in paragraph (1) are— 5 (A) the Environmental Protection Agency; 6 (B) the Department of Agriculture; 7 (C) the Department of Commerce; 8 (D) the Department of Defense; 9 (E) the Department of Energy; 10 (F) the Department of Health and Human 11 Services; 12 (G) the Department of Homeland Security; 13 (H) the Department of Housing and 14 Urban Development; 15 (I) the Department of the Interior; 16 (J) the Department of Labor; 17 (K) the Department of Transportation; 18 (L) the Department of Education; 19 (M) the Department of Justice; 20 (N) the Department of the Treasury; 21 (O) the Department of Veterans Affairs; 22 (P) the Small Business Administration; 23 (Q) the Office of Science and Technology 24 Policy; 25 VerDate Sep 11 2014 21:21 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8019.IH H8019 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 8019 IH (R) the Council on Environmental Quality; 1 and 2 (S) any other Federal department, agency, 3 commission, or office that the head of the Of- 4 fice determines to be appropriate. 5 (3) FUNCTION.—The function of a Director is 6 to ensure the implementation of this Act within the 7 applicable agency. 8 SEC. 203. BOARD OF ADVISORS. 9 (a) ESTABLISHMENT.—The head of the Office shall 10 establish within the Office a Board of Advisors, which 11 shall provide such scientific advice as may be requested 12 by— 13 (1) the Director of the Office of Management 14 and Budget; 15 (2) the head of the Office; 16 (3) a Director; or 17 (4) a member or committee of Congress. 18 (b) MEMBERS.— 19 (1) APPOINTMENT.— 20 (A) IN GENERAL.—Members of the Board 21 of Advisors shall be appointed by t [Text truncated for display. Full text available on Congress.gov.]