[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 516 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 516
To establish the Environmental Justice Mapping Committee, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 28, 2021
Ms. Bush (for herself, Mr. Garcia of Illinois, Mr. Hastings, Mr.
Khanna, Mr. Espaillat, Mr. Thompson of Mississippi, Mr. Lowenthal, Ms.
Barragan, Ms. Sewell, Ms. Moore of Wisconsin, Ms. Wasserman Schultz,
Mr. Nadler, Mr. Jones, Ms. Norton, Mr. DeSaulnier, Ms. Ocasio-Cortez,
Ms. Tlaib, Mrs. Napolitano, Mrs. Watson Coleman, Mr. Cleaver, Mr.
Bowman, Mr. Vargas, Ms. Pingree, Mr. Blumenauer, Mr. Torres of New
York, Mr. Connolly, Ms. Blunt Rochester, Ms. Matsui, Mr. Johnson of
Georgia, Mr. McEachin, Ms. DeGette, Ms. Pressley, and Mr. Cooper)
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 establish the Environmental Justice Mapping Committee, 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 ``Environmental Justice Mapping and
Data Collection Act of 2021''.
SEC. 2. FINDINGS.
Congress finds that--
(1) environmental hazards causing adverse health outcomes
have disproportionately affected environmental justice
communities as a result of systemic injustices relating to
factors that include race and income;
(2) environmental justice communities have increased
vulnerability to the adverse effects of climate change and need
significant investment to face current and future environmental
hazards;
(3) the Federal Government has lacked a cohesive and
consistent strategy to carry out the responsibilities of
Federal agencies described in Executive Order 12898 (42 U.S.C.
4321 note; relating to Federal actions to address environmental
justice in minority populations and low-income populations);
(4) it is necessary that the Federal Government
meaningfully engage environmental justice communities in the
process of developing a robust strategy to address
environmental justice, including high levels of review, input,
and consent;
(5) there is a lack of nationwide high-quality data
relating to environmental justice concerns, such as
socioeconomic factors, air pollution, water pollution, soil
pollution, and public health, and a failure to update the
existing data with adequate frequency;
(6) there is no nationally consistent method to identify
environmental justice communities based on the cumulative
effects of socioeconomic factors, pollution burden, and public
health;
(7) a method described in paragraph (6) is needed to
correct for racist and unjust practices leading to historical
and current environmental injustices through the targeted
investment in environmental justice communities of at least 40
percent of the funds provided for a clean energy transition and
other related investments, including transportation
infrastructure, housing infrastructure, and water quality
infrastructure;
(8) funds targeted for environmental justice communities
should include set-asides for technical assistance and capacity
building for environmental justice communities to access the
funds;
(9) particular oversight and care are necessary when
investing in environmental justice communities to ensure that
existing issues are not exacerbated and new issues are not
created, particularly issues relating to pollution burden and
the displacement of residents;
(10) several States, academic institutions, and nonprofit
organizations have engaged in cumulative impact environmental
justice mapping efforts that can serve as references for a
Federal mapping effort;
(11) many environmental justice communities, such as
communities in ``Cancer Alley'' in the State of Louisiana, have
been clearly affected by extreme environmental hazards such
that the communities--
(A) are identifiable before the establishment of
the tool under subsection (b) of section 5 and the
completion of the data gap audit under subsection (d)
of that section; and
(B) should be eligible for programs targeted toward
environmental justice communities that have faced
extreme environmental hazards before the establishment
of that tool and the completion of that audit;
(12) in addition to investment in environmental justice
communities, pollution reduction is essential to achieving
equitable access to a healthy and clean environment and an
equitable energy system; and
(13) specific policy and permitting decisions and
investments may rely on different combinations of data sets and
indicators relating to environmental justice, and race alone
may be considered a criterion when assessing the susceptibility
of a community to environmental injustice.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Advisory council.--The term ``advisory council'' means
the advisory council established under section 4(d)(2)(A).
(3) Committee.--The term ``Committee'' means the
Environmental Justice Mapping Committee established by section
4(a).
(4) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all people regardless of race, color, culture, national
origin, or income, with respect to the development,
implementation, and enforcement of environmental laws,
regulations, and policies to ensure that each person enjoys--
(A) the same degree of protection from
environmental and health hazards; and
(B) equal access to any Federal agency action
relating to the development, implementation, and
enforcement of environmental laws, regulations, and
policies for the purpose of having a healthy
environment in which to live, learn, work, and
recreate.
(5) 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, as compared to
other communities.
(6) Ground-truthing.--The term ``ground-truthing'' means a
community fact-finding process by which residents of a
community supplement technical information with local knowledge
for the purpose of better informing policy and project
decisions.
(7) Relevant stakeholder.--The term ``relevant
stakeholder'' means--
(A) a representative of a regional, State, Tribal,
or local government agency;
(B) a representative of a nongovernmental
organization with experience in areas that may include
Tribal relations, environmental conservation, city and
regional planning, and public health;
(C) a representative of a labor union;
(D) a representative or member of--
(i) an environmental justice community; or
(ii) a community-based organization for an
environmental justice community;
(E) an individual with expertise in cumulative
impacts, geospatial data, and environmental justice,
particularly such an individual from an academic or
research institution; and
(F) an advocate with experience in environmental
justice who represents an environmental justice
community.
SEC. 4. ESTABLISHMENT OF COMMITTEE.
(a) In General.--There is established a committee, to be known as
the ``Environmental Justice Mapping Committee''.
(b) Membership.--
(1) In general.--The Committee shall be composed of not
fewer than 1 representative of each of the following:
(A) Of the Environmental Protection Agency--
(i) the Office of Air and Radiation;
(ii) the Office of Chemical Safety and
Pollution Prevention;
(iii) the Office of International and
Tribal Affairs;
(iv) the Office of Land and Emergency
Management;
(v) the Office of Water;
(vi) the Office of Environmental Justice;
(vii) the Office of Research and
Development; and
(viii) the Office of Public Engagement and
Environmental Education.
(B) The Council on Environmental Quality.
(C) Of the Department of Commerce--
(i) the Office of Oceanic and Atmospheric
Research, including not fewer than 1
representative of the Climate Program Office;
(ii) the Economics and Statistics
Administration, including not fewer than 1
representative of the Bureau of Economic
Analysis; and
(iii) the National Institute of Standards
and Technology.
(D) Of the Department of Health and Human
Services--
(i) the Centers for Disease Control and
Prevention, not including the Agency for Toxic
Substances and Disease Registry;
(ii) the Agency for Toxic Substances and
Disease Registry;
(iii) the Administration for Children and
Families;
(iv) of the National Institutes of Health--
(I) the National Institute of
Environmental Health Sciences;
(II) the National Institute of
Mental Health; and
(III) the National Institute on
Minority Health and Health Disparities;
and
(v) the Office for Civil Rights.
(E) Of the Department of the Interior--
(i) the Bureau of Indian Affairs;
(ii) the Office of Civil Rights; and
(iii) the United States Geological Survey.
(F) The Forest Service.
(G) The Department of Housing and Urban
Development.
(H) The Department of Energy.
(I) The Department of Transportation.
(J) The Department of Justice.
(K) The Federal Energy Regulatory Commission.
(L) The Department of the Treasury.
(M) Such other Federal departments, agencies, and
offices as the Administrator determines to be
appropriate, particularly offices relating to public
engagement.
(2) Selection of representatives.--The head of a department
or agency described in paragraph (1) shall, in appointing to
the Committee a representative of the department or agency,
select a representative--
(A) of a component of the department or agency that
is among the components that are the most relevant to
the responsibilities of the Committee; or
(B) who has expertise in areas relevant to those
responsibilities, such as demographic indicators
relating to socioeconomic hardship, environmental
justice, public engagement, public health, exposure to
pollution, future climate and extreme weather mapping,
affordable energy, sustainable transportation, and
access to water, food, and green space.
(3) Co-chairs.--
(A) In general.--The members of the Committee shall
select 3 members to serve as co-chairs of the
Committee--
(i) 1 of whom shall be a representative of
the Environmental Protection Agency;
(ii) 1 of whom shall be a representative of
the Council on Environmental Quality; and
(iii) 1 of whom shall have substantial
experience in public engagement.
(B) Terms.--Each co-chair shall serve for a term of
not more than 3 years.
(C) Responsibilities of co-chairs.--The co-chairs
of the Committee shall--
(i) determine the agenda of the Committee,
in consultation with other members of the
Committee;
(ii) direct the work of the Committee,
including the oversight of a meaningful public
engagement process; and
(iii) convene meetings of the Committee not
less frequently than once each fiscal quarter.
(c) Administrative Support.--
(1) In general.--The Administrator shall provide technical
and administrative support to the Committee.
(2) Funding.--The Administrator may carry out paragraph (1)
using, in addition to any amounts made available under section
7, amounts authorized to be appropriated to the Administrator
before the date of enactment of this Act and available for
obligation as of that date of enactment.
(d) Consultation.--
(1) In general.--In carrying out the duties of the
Committee, the Committee shall consult with relevant
stakeholders.
(2) Advisory council.--
(A) In general.--The Committee shall establish an
advisory council composed of a balanced proportion of
relevant stakeholders, at least \1/2\ of whom shall
represent environmental justice communities.
(B) Chair.--The advisory council shall be chaired
by an environmental justice advocate or other relevant
stakeholder with substantial experience in
environmental justice.
(C) Requirements.--Consultation described in
paragraph (1) shall include--
(i) early and regular engagement with the
advisory council, including in carrying out
public engagement under paragraph (3); and
(ii) consideration of the recommendations
of the advisory council.
(D) Recommendations not used.--If the Committee
does not use a recommendation of the advisory council,
not later than 60 days after the date on which the
Committee receives notice of the recommendation, the
Committee shall--
(i) make available to the public on an
internet website of the Environmental
Protection Agency a written report describing
the rationale of the Committee for not using
the recommendation; and
(ii) submit the report described in clause
(i) to the Committee on Environment and Public
Works of the Senate and the Committee on Energy
and Commerce of the House of Representatives.
(E) Outreach.--The advisory council may carry out
public outreach activities using amounts made available
under section 7 to supplement public engagement carried
out by the Committee under paragraph (3).
(3) Public engagement.--
(A) In general.--The Committee shall, throughout
the process of carrying out the duties of the Committee
described in section 5--
(i) meaningfully engage with relevant
stakeholders, particularly--
(I) members and representatives of
environmental justice communities;
(II) environmental justice
advocates; and
(III) individuals with expertise in
cumulative impacts and geospatial data;
and
(ii) ensure that the input of the
stakeholders described in clause (i) is central
to the activities of the Committee.
(B) Plan.--
(i) In general.--In carrying out
subparagraph (A), the Committee shall develop a
plan, in consultation with the advisory
council, for comprehensive public engagement
with, and incorporation of feedback from,
environmental justice advocates and members of
environmental justice communities.
(ii) Strategies to overcome barriers to
public engagement.--The plan developed under
clause (i) shall include strategies to overcome
barriers to public engagement, including--
(I) language barriers;
(II) transportation barriers;
(III) economic barriers; and
(IV) lack of internet access.
(iii) Consideration.--In developing the
plan under clause (i), the Committee shall
consider the diverse and varied experiences of
environmental justice communities relating to
the scope and types of environmental hazards
and socioeconomic injustices.
(C) Consultation and solicitation of public
comment.--
(i) In general.--In carrying out
subparagraph (A), not less frequently than once
each fiscal quarter, the Committee shall
consult with the advisory council and solicit
meaningful public comment, particularly from
relevant stakeholders, on the activities of the
Committee.
(ii) Requirements.--The Committee shall
carry out clause (i) through means including--
(I) public notice of a meeting of
the Committee occurring during the
applicable fiscal quarter, which shall
include--
(aa) notice in publications
relevant to environmental
justice communities;
(bb) notification to
environmental justice
communities through direct
means, such as community
centers and schools; and
(cc) direct outreach to
known environmental justice
groups;
(II) public broadcast of that
meeting, including soliciting and
receiving comments by virtual means;
and
(III) public availability of a
transcript of that meeting through
publication on an accessible website.
(iii) Languages.--The Committee shall
provide each notice, notification, direct
outreach, broadcast, and transcript described
in clause (ii) in each language commonly used
in the applicable environmental justice
community, including through oral
interpretation, if applicable.
(D) Funding.--Of amounts made available under
section 7, the Administrator shall make available to
the Committee such sums as are necessary for
participation by relevant stakeholders in public
engagement under this paragraph, as determined by the
Administrator, in consultation with the advisory
council.
SEC. 5. DUTIES OF COMMITTEE.
(a) In General.--The Committee shall--
(1) establish a tool described in subsection (b) to
identify environmental justice communities, including the
identification of--
(A) criteria to be used in the tool; and
(B) a methodology to determine the cumulative
impacts of those criteria;
(2) assess and address data gaps in accordance with
subsection (d); and
(3) collect data for the environmental justice data
repository established under section 6.
(b) Establishment of Tool.--
(1) In general.--The Committee, in consultation with
relevant stakeholders and the advisory council, shall establish
an interactive, transparent, integrated, and Federal
Government-wide tool for assessing and mapping environmental
justice communities based on the cumulative impacts of all
indicators selected by the Committee to be integrated into the
tool.
(2) Requirements.--In establishing the tool under paragraph
(1), the Committee shall--
(A) integrate into the tool multiple data layers of
indicators that fall into categories including--
(i) demographics, particularly relating to
socioeconomic hardship and social stressors,
such as--
(I) race and ethnicity;
(II) low income;
(III) high unemployment;
(IV) low levels of home ownership;
(V) high rent burden;
(VI) high transportation burden;
(VII) low levels of educational
attainment;
(VIII) linguistic isolation;
(IX) energy insecurity or high
utility rate burden;
(X) food insecurity;
(XI) health insurance status and
access to healthcare; and
(XII) membership in an Indian
Tribe;
(ii) public health, particularly data that
are indicative of sensitive populations, such
as--
(I) rates of asthma;
(II) rates of cardiovascular
disease;
(III) child leukemia or other
cancers that correlate with
environmental hazards;
(IV) low birth weight;
(V) maternal mortality;
(VI) rates of lead poisoning; and
(VII) rates of diabetes;
(iii) pollution burdens, such as pollution
burdens created by--
(I) toxic chemicals;
(II) air pollutants;
(III) water pollutants;
(IV) soil contaminants; and
(V) perfluoroalkyl and
polyfluoroalkyl substances; and
(iv) environmental effects, such as effects
created by proximity to--
(I) risk management plan sites;
(II) hazardous waste facilities;
(III) sites on the National
Priorities List developed by the
President in accordance with section
105(a)(8)(B) of the Comprehensive
Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C.
9605(a)(8)(B)); and
(IV) fossil fuel infrastructure;
(B) investigate how further indicators of
vulnerability to the impacts of climate change
(including proximity and exposure to sea level rise,
wildfire smoke, flooding, drought, rising average
temperatures, extreme storms, and extreme heat, and
financial burdens from flood and fire insurance) should
be incorporated into the tool as an additional set of
layers;
(C) identify and consider the effects of other
indicators relating to environmental justice for
integration into the tool as layers, including--
(i) safe, sufficient, and affordable
drinking water, sanitation, and stormwater
services;
(ii) access to and the quality of--
(I) green space and tree canopy
cover;
(II) healthy food;
(III) affordable energy and water;
(IV) transportation;
(V) reliable communication systems,
such as broadband internet;
(VI) child care;
(VII) high-quality public schools,
early childhood education, and child
care; and
(VIII) heath care facilities;
(iii) length of commute;
(iv) indoor air quality in multiunit
dwellings;
(v) mental health;
(vi) labor market categories, particularly
relating to essential workers; and
(vii) each type of utility expense;
(D) consider the implementation of specific
regional indicators, with the potential--
(i) to create regionally and locally
downscaled maps in addition to a national map;
(ii) to provide incentives for States to
collect data and conduct additional analyses to
capture conditions specific to their
localities;
(iii) to provide resources for and engage
in ground-truthing to identify and verify
important data with community members; and
(iv) to develop companion resources for,
and provide technical support to, regional,
State, local, or Tribal governments to create
their own maps and environmental justice scores
with relevant regional, State, local, and
Tribal data;
(E) identify a methodology to account for the
cumulative impacts of all indicators selected by the
Committee under subparagraph (A), in addition to other
indicators as the Committee determines to be necessary,
to provide relative environmental justice scores for
regions that are--
(i) as small as practicable to identify
communities; and
(ii) not larger than a census tract;
(F) ensure that the tool is capable of providing
maps of environmental justice communities based on
environmental justice scores described in subparagraph
(E);
(G) ensure that users of the tool are able to map
available layers together or independently as desired;
(H) implement a method for users of the tool to
generate a map and environmental justice score based on
a subset of indicators, particularly for the purpose of
using the tool in addressing various policy needs,
permitting processes, and investment goals;
(I) make the tool customizable to address specific
policy needs, permitting processes, and investment
goals;
(J) account for conditions that are not captured by
the quantitative data used to develop the 1 or more
maps and environmental justice scores comprising the
tool, by--
(i) developing and executing a plan to
perform outreach to relevant communities; and
(ii) establishing a mechanism by which
communities can self-identify as environmental
justice communities to be included in the tool,
which may include citing qualitative data on
conditions for which quantitative data are
lacking, such as cultural loss in Tribal
communities;
(K) consider that the tool--
(i) will be used across the Federal
Government in screening Federal policies,
permitting processes, and investments for
environmental and climate justice impacts; and
(ii) may be used to assess communities for
pollution reduction programs; and
(L) carry out such other activities as the
Committee determines to be appropriate.
(c) Transparency and Updates.--
(1) In general.--
(A) Notice and comment.--The Committee shall
establish the tool described in subsection (b) after
providing notice and an opportunity for public comment.
(B) Hearings.--In carrying out subparagraph (A),
the Committee shall hold hearings, which shall be time-
and language-appropriate, in communities affected by
environmental justice issues in geographically
disparate States and Tribal areas.
(2) Updates.--
(A) Annual updates.--The Committee shall update the
tool described in subsection (b) not less frequently
than annually to account for data sets that are updated
annually.
(B) Other updates.--Not less frequently than once
every 3 years, the Committee shall--
(i) update the indicators, methodology, or
both for the tool described in subsection (b);
and
(ii) reevaluate data submitted by Federal
departments and agencies that is used for the
tool.
(C) Reports.--After the initial establishment of
the tool described in subsection (b) and each update
under subparagraph (A) or (B), the Committee shall
publish a report describing--
(i) the process for identifying indicators
relating to environmental justice in the
development of the tool;
(ii) the methodology described in
subsection (b)(2)(E); and
(iii) the use of public input and community
engagement in that process.
(3) Training tutorials and sessions.--
(A) In general.--The Committee shall--
(i) develop virtual training tutorials and
sessions for environmental justice communities
for the use of the tool described in subsection
(b); and
(ii) where practicable, provide in-person
training sessions for environmental justice
communities for the use of that tool.
(B) Languages.--The tutorials and sessions under
subparagraph (A) shall be made available in each
language commonly used in the applicable environmental
justice community.
(4) Public availability.--
(A) In general.--The Committee shall make available
to the public on an internet website of the
Environmental Protection Agency--
(i) the tool described in subsection (b);
(ii) each update under subparagraphs (A)
and (B) of paragraph (2);
(iii) each report under paragraph (2)(C);
and
(iv) the training tutorials and sessions
developed under paragraph (3)(A)(i).
(B) Accessibility.--The Committee shall make the
tool, updates, and reports described in subparagraph
(A) accessible to the public by publication in relevant
languages and with accessibility functions, as
appropriate.
(C) Requirement.--In carrying out subparagraph
(A)(i), the Committee shall take measures to prevent
the tool from being misused to discriminate against
environmental justice communities, such as by providing
safeguards against the use of downscaled data that may
enable the identification of individuals.
(d) Data Gap Audit.--
(1) In general.--In establishing the tool described in
subsection (b), the Committee shall direct relevant Federal
departments and agencies to conduct an audit of data collected
by the department or agency to identify any data that are
relevant to environmental justice concerns, including data
relating to--
(A) public health metrics;
(B) toxic chemicals;
(C) socioeconomic demographics;
(D) air quality;
(E) water quality; and
(F) killings of individuals by law enforcement
officers.
(2) Requirements.--An audit described in paragraph (1)
shall--
(A) examine the granularity and accessibility of
the data;
(B) address the need for improved air quality
monitoring; and
(C) include recommendations to other Federal
departments and agencies on means to improve the
quality, granularity, and transparency of, and public
involvement in, data collection and dissemination.
(3) Improvements.--The Committee shall direct a Federal
department or agency, in conducting an audit under paragraph
(1), to address gaps in existing data collection that will
assist the Committee in establishing and operating the tool
described in subsection (b), including by providing to the
department or agency--
(A) benchmarks to meet in addressing the gaps;
(B) instructions for consistency in data formatting
that will allow for inclusion of data in the
environmental justice data repository described in
section 6; and
(C) best practices for collecting data in
collaboration with local organizations and partners,
such as engaging in ground-truthing.
(4) Reports.--Not later than 180 days after a Federal
department or agency has conducted an audit under paragraph
(1), the Committee shall--
(A) make available to the public on an internet
website of the Environmental Protection Agency a report
describing the findings and conclusions of the audit,
including the progress made by the Federal department
or agency in addressing environmental justice data
gaps; and
(B) submit the report described in subparagraph (A)
to--
(i) the Committee on Environment and Public
Works of the Senate;
(ii) the Committee on Health, Education,
Labor, and Pensions of the Senate;
(iii) the Committee on Energy and Commerce
of the House of Representatives; and
(iv) the Committee on Education and Labor
of the House of Representatives.
SEC. 6. ENVIRONMENTAL JUSTICE DATA REPOSITORY.
(a) In General.--The Administrator shall establish an environmental
justice data repository to maintain--
(1) the data collected by the Committee through the
establishment of the tool described in section 5(b) and the
audits conducted under section 5(d)(1); and
(2) any subnational data collected under subsection (c)(2).
(b) Updates.--The Administrator shall update the data in the data
repository described in subsection (a) as frequently as practicable,
including every year if practicable, but not less frequently than once
every 3 years.
(c) Availability; Inclusion of Subnational Data.--The
Administrator--
(1) shall make the data repository described in subsection
(a) available to regional, State, local, and Tribal
governments; and
(2) may collaborate with the governments described in
paragraph (1) to include within that data repository
subnational data in existence before the establishment of the
tool described in section 5(b) and the completion of the audits
under section 5(d)(1).
(d) Requirement.--The Administrator shall take measures to prevent
the data in the data repository described in subsection (a) from being
misused to discriminate against environmental justice communities, such
as by providing safeguards against the use of downscaled data that may
enable the identification of individuals.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator to
carry out this Act, including any necessary administrative costs of the
Committee--
(1) $20,000,000 for each of fiscal years 2021 and 2022; and
(2) $18,000,000 for each of fiscal years 2023 through 2025.
SEC. 8. EFFECT.
Nothing in any provision of this Act relating to the tool described
in section 5(b) prohibits a State from developing a map relating to
environmental justice or pollution burden that relies on different
data, or analyzes data differently, than that tool.
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