Protection from Cumulative Emissions and Underenforcement of Environmental Law Act of 2023
This bill directs the Environmental Protection Agency (EPA) to address the cumulative public health risks associated with multiple environmental stressors and recommend measures to reduce the number of violations of environmental law in certain environmental justice communities. Environmental justice communities are communities with significant representation of communities of color, low-income communities, or tribal and indigenous communities that experience, or are at risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities.
In addition, the EPA must publish and implement a proposal for a protocol that assesses and addresses the cumulative public health risks associated with multiple environmental stressors, such as impacts associated with global climate change.
Further, the EPA must identify at least 100 communities that (1) are environmental justice communities; and (2) have had more environmental law violations than the national average, as determined by the EPA. The EPA must then identify the causes of the violations, identify measures to reduce the number of violations, and implement such measures.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1673 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1673
To advance environmental justice by addressing cumulative impacts and
underenforcement, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Ms. DeGette introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Natural Resources, 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 advance environmental justice by addressing cumulative impacts and
underenforcement, 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.
This Act may be cited as the ``Protection from Cumulative Emissions
and Underenforcement of Environmental Law Act of 2023''.
SEC. 2. PUBLIC HEALTH RISKS ASSOCIATED WITH CUMULATIVE ENVIRONMENTAL
STRESSORS.
(a) Proposed Protocol.--
(1) Publication.--Not later than 180 days after the date of
enactment of this section, the Administrator shall publish a
proposal for a protocol for assessing and addressing the
cumulative public health risks associated with multiple
environmental stressors.
(2) Environmental stressors.--The environmental stressors
addressed under the proposed protocol published under paragraph
(1) shall include--
(A) impacts associated with global climate change,
including extreme heat, extremes in temperature change,
drought, wildfires, sea level rise, flooding, storms,
water shortage, food shortage, ecosystem disruption,
and the spread of infectious disease;
(B) exposure to pollutants, emissions, discharges,
waste, chemicals, or other materials subject to
regulation under the Clean Air Act, the Federal Water
Pollution Control Act, the Safe Drinking Water Act, the
Toxic Substances Control Act, the Solid Waste Disposal
Act, the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, the Emergency
Planning and Community Right-to-Know Act of 1986, and
other laws administered by the Administrator; and
(C) other environmental stressors determined by the
Administrator to impact public health.
(3) Public comment and hearings.--During the 90 days
following publication of the proposed protocol under paragraph
(1), the Administrator shall--
(A) allow for public comment on such proposed
protocol; and
(B) hold at least 4 public hearings on such
proposed protocol at times and in locations intended to
maximize public input.
(b) Final Protocol.--Not later than 1 year after the date of
enactment of this section, the Administrator shall--
(1) finalize the proposed protocol published under
subsection (a) by revising such proposed protocol as the
Administrator determines necessary based on public comments
received in writing and during the public hearings held
pursuant to such subsection; and
(2) publish in the Federal Register the final protocol for
assessing and addressing the cumulative public health risks
associated with multiple environmental stressors.
(c) Implementation.--Not later than 3 years after the date of
enactment of this section, the Administrator shall implement the final
protocol described in subsection (b).
SEC. 3. ENVIRONMENTAL JUSTICE FOR COMMUNITIES OVERBURDENED BY
ENVIRONMENTAL VIOLATIONS.
(a) Identification of Communities.--Not later than 180 days after
the date of enactment of this section, the Administrator shall, in
consultation with co-regulators in State and local agencies, identify
at least 100 communities--
(1) that are environmental justice communities; and
(2) in which there have been, over the previous 5 years, a
number of violations of environmental law that the
Administrator determines to be greater than the national
average of such violations.
(b) Analysis and Recommendations.--Not later than 1 year after the
date of enactment of this section, with respect to each community
identified under subsection (a), the Administrator shall--
(1) undertake an analysis of the conditions that have led
to the number of violations described in subsection (a)(2),
including through engagement with the residents of each such
community;
(2) identify the root cause of the number of violations
described in subsection (a)(2); and
(3) identify measures that the Administrator shall take, in
coordination with co-regulators in State and local agencies, to
reduce the number of violations of environmental law to a
number that the Administrator determines to be significantly
below the national average.
(c) Implementation.--Not later than 2 years after the date of
enactment of this section, the Administrator shall complete the
implementation of the measures identified under subsection (b)(3).
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Community of color.--The term ``community of color''
means a geographically distinct area in which the population of
any of the following categories of individuals is higher than
the average population of that category for the State in which
the community is located:
(A) Black.
(B) African American.
(C) Asian.
(D) Pacific Islander.
(E) Other non-White race.
(F) Hispanic.
(G) Latino.
(H) Linguistically isolated.
(3) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-income
communities, or Tribal and indigenous communities, that
experiences, or is at risk of experiencing higher or more
adverse human health or environmental effects.
(4) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with an annual household
income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(5) Tribal and indigenous community.--The term ``Tribal and
indigenous community'' means a population of people who are
members of--
(A) a federally recognized Indian Tribe;
(B) a State-recognized Indian Tribe;
(C) an Alaska Native or Native Hawaiian community
or organization; or
(D) any other community of indigenous people
located in a State.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Natural Resources, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Natural Resources, 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.
Referred to the Subcommittee on Environment, Manufacturing, and Critical Materials.
Referred to the Subcommittee on Indian and Insular Affairs .
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