HR 4652 IHCommentsClose CommentsPermalink

To direct each Federal agency to establish an Environmental Justice Office, and for other purposes.CommentsClose CommentsPermalink

December 13, 2007

Mr. HASTINGS of Florida (for himself, Ms. SOLIS, Mr. CONYERS, Mr. ELLISON, Ms. KILPATRICK, Ms. DEGETTE, Mr. UDALL of Colorado, Mr. PALLONE, Mrs. CHRISTENSEN, Mr. MEEK of Florida, Ms. CORRINE BROWN of Florida, Mr. WEXLER, Ms. WASSERMAN SCHULTZ, Mr. HONDA, Mr. PAYNE, Mr. SERRANO, Mr. CLAY, Mr. BERMAN, Ms. LEE, Mr. NADLER, Mr. HINCHEY, Ms. JACKSON-LEE of Texas, Mr. HINOJOSA, Mr. KUCINICH, and Ms. BERKLEY) 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 concernedCommentsClose CommentsPermalink

To direct each Federal agency to establish an Environmental Justice Office, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Environmental Justice Access and Implementation Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

(a) Definition of Environmental Justice- For purposes of carrying out this Act, the following definitions shall apply:CommentsClose CommentsPermalink





(1) The term `environmental justice' means the fair treatment and meaningful involvement of all people regardless of race, color, national origin, educational level, or income with respect to the development, implementation, and enforcement of environmental laws and regulations in order to ensure that--CommentsClose CommentsPermalink





(A) minority and low-income communities have access to public information relating to human health and environmental planning, regulations and enforcement; andCommentsClose CommentsPermalink





(B) no minority or low-income population is forced to shoulder a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazard.CommentsClose CommentsPermalink





(2) The term `fair treatment' means policies and practices that ensure that no group of people, including racial, ethnic, or socioeconomic groups bear disproportionately high and adverse human health or environmental effects resulting from Federal agency programs, policies, and activities.CommentsClose CommentsPermalink





(b) Identification and Prioritization of Environmental Justice Communities- For purposes of Executive Order 12898, criteria for defining an environmental justice community shall include demographic characteristics, such as percentages of minority and low-income residents within an area with a higher than average rate of--CommentsClose CommentsPermalink





(1) health vulnerabilities, such as cancer mortality and incidence rate, infant mortality, low birth weight, asthma, and childhood lead poisoning; andCommentsClose CommentsPermalink





(2) exposure to environmental conditions, such as facility density and proximity to Corrective Action/Superfund Sites, Brownfields, Enforcement Data (percent and number of uninspected facilities, percent and number of unaddressed violations, average and total penalty and air nonattainment status), hazardous emissions, attainment status, hazardous indoor air quality, hazardous water quality, and traffic related to the covered or uncovered, transport of polluting substances.CommentsClose CommentsPermalink

SEC. 3. IMPLEMENTATION AND INTEGRATION OF FEDERAL ENVIRONMENTAL JUSTICE INITIATIVES.

(a) Establishment of Offices of Environmental Justice- For purposes of Executive Order 12898, each of the following shall establish an Office of Environmental Justice:CommentsClose CommentsPermalink





(1) Department of Defense.CommentsClose CommentsPermalink





(2) Department of Justice.CommentsClose CommentsPermalink





(3) Department of the Interior.CommentsClose CommentsPermalink





(4) Department of Agriculture.CommentsClose CommentsPermalink





(5) Department of Commerce.CommentsClose CommentsPermalink





(6) Department of Labor.CommentsClose CommentsPermalink





(7) Department of Health and Human Services.CommentsClose CommentsPermalink





(8) Department of Housing and Urban Development.CommentsClose CommentsPermalink





(9) Department of Transportation.CommentsClose CommentsPermalink





(10) Department of Energy.CommentsClose CommentsPermalink





(11) Department of Homeland SecurityCommentsClose CommentsPermalink





(12) Environmental Protection Agency.CommentsClose CommentsPermalink





(13) Office of Management and Budget.CommentsClose CommentsPermalink





(14) Office of Science and Technology Policy.CommentsClose CommentsPermalink





(15) Office of the Deputy Assistant to the President for Environmental Policy.CommentsClose CommentsPermalink





(16) Office of the Assistant to the President for Domestic Policy.CommentsClose CommentsPermalink





(17) National Economic Council.CommentsClose CommentsPermalink





(18) Council of Economic Advisers.CommentsClose CommentsPermalink





(19) Department of State.CommentsClose CommentsPermalink





(20) Such other Government entities as the President may designate.CommentsClose CommentsPermalink





(b) Characteristics of Offices of Environmental Justice- Offices established by this Act shall be overseen by a Director of Senior Executive Service designation with environmental justice activities as their primary responsibility. Such offices should be established within 6 months of enactment of this ActCommentsClose CommentsPermalink





(c) Integration of Environmental Justice Policies in Agency Actions- For purposes of the environmental justice strategies developed by agencies under Executive Order 12898, each agency shall integrate the strategy into the operation and mission of the agency and explicitly address compliance with this Act, including in the following activities:CommentsClose CommentsPermalink





(1) Future rulemaking activities.CommentsClose CommentsPermalink





(2) The development of any future guidance, environmental reviews (including NEPA, CAA, Federal Land Policy Act), regulation, or procedures for Federal agency programs, policies, or activities that affect human health or the environment.CommentsClose CommentsPermalink





(d) Interagency Federal Working Group Coordination and Guidance- The Interagency Federal Working Group on Environmental Justice (in this section referred to as the `Working Group') shall--CommentsClose CommentsPermalink





(1) coordinate an integrated environmental justice training plan for the Federal agencies and offices listed in subsection (c);CommentsClose CommentsPermalink





(2) formalize meaningful public participation goals and procedures;CommentsClose CommentsPermalink





(3) survey the Federal agencies and offices to determine what is effective and how to best facilitate outreach without duplicating efforts;CommentsClose CommentsPermalink





(4) develop a strategy for allocating responsibilities and ensuring participation in multi-agency projects, even when faced with competing agency priorities; andCommentsClose CommentsPermalink





(5) coordinate plans to communicate research results so reporting and outreach activities produce more useful and timely information.CommentsClose CommentsPermalink





(e) Agency Public Participation Efforts-CommentsClose CommentsPermalink





(1) OUTREACH EFFORTS- Each Federal agency listed in subsection (c) shall carry out and report outreach activities to the Working Group, including the following:CommentsClose CommentsPermalink





(A) Respond directly to inquiries from the public and other stakeholders.CommentsClose CommentsPermalink





(B) Maintain Web sites and listservers.CommentsClose CommentsPermalink





(C) Produce and distribute hardcopy documents and multimedia products.CommentsClose CommentsPermalink





(D) Conduct or sponsor briefings, lectures, and press conferences.CommentsClose CommentsPermalink





(E) Testify before Congress or other government bodies.CommentsClose CommentsPermalink





(F) Finance scholarships, fellowships, and internships.CommentsClose CommentsPermalink





(G) Support museum exhibits and other public displays.CommentsClose CommentsPermalink





(H) Sponsor, participate, or otherwise contribute to meetings attended by stakeholders.CommentsClose CommentsPermalink





(I) Provide scientifically-sound content for K-12 education activities.CommentsClose CommentsPermalink





(J) Fund outreach efforts managed outside the Federal Government.CommentsClose CommentsPermalink





(2) STAKEHOLDERS- To ensure their active public participation and to provide input early in environmental decision-making, Federal agencies along with the Working Group shall develop ways to enhance partnerships and coordination with stakeholders, including affected communities, Federal, Tribal, State, and local governments, environmental organizations, nonprofit organizations, academic institutions (including Historically Black Colleges and Universities (HBCUs), Hispanic Serving Institutions (HSIs), and Tribal Colleges), and business and industry.CommentsClose CommentsPermalink





(f) Authorization of Appropriations-CommentsClose CommentsPermalink





(1) There are authorized to be appropriated for each of the entities named in section 3(a) and (b), $1,000,000 for each of fiscal years 2008 through 2018 to carry out this section.CommentsClose CommentsPermalink





(2) There are authorized to be appropriated for the purposes of section 3(c), (d), and (e) such sums as may be necessary for each of fiscal years 2008 through 2018.CommentsClose CommentsPermalink

SEC. 4. COMMUNITY ACCESS AND PARTICIPATION IN FEDERAL ENVIRONMENTAL JUSTICE INITIATIVES.

(a) Community Technology Centers-CommentsClose CommentsPermalink





(1) IN GENERAL- Federal agencies shall collaboratively fund and establish community technology centers to assist with technical assistance issues in the environmental justice area, coordinated by the Interagency Federal Working Group on Environmental Justice.CommentsClose CommentsPermalink





(2) DESCRIPTION- In this subsection, the term `community technology center' (CTC) refers to programs with the goal of providing at least 10 hours of open access a week for anyone in a community, especially youth and adults in low-income urban and rural communities, for purposes of providing technical assistance to communities experiencing issues associated with environmental hazards.CommentsClose CommentsPermalink





(3) LOCATION- A community technology center may be located in places such as libraries, community centers, schools, churches, social service agencies, low-income residential housing complexes, and Minority Academic Institutions (such as Historically Black Colleges and Universities, Hispanic Serving Institutions, and Tribal Colleges).CommentsClose CommentsPermalink





(4) CRITERIA FOR ESTABLISHMENT OF COMMUNITY TECHNOLOGY CENTERS- The President shall recommend the minimum number of community technology centers based on demographic profiles of environmental justice communities, within 12 months of the implementation of this Act.CommentsClose CommentsPermalink





(5) ACTIVITIES OF COMMUNITY TECHNOLOGY CENTER- A community technology center funded under this section shall--CommentsClose CommentsPermalink





(A) assist community members in becoming active participants in cleanup and environmental development activities;CommentsClose CommentsPermalink





(B) provide independent and credible technical assistance to communities affected by hazardous waste contamination;CommentsClose CommentsPermalink





(C) review and interpret technical documents and other materials;CommentsClose CommentsPermalink





(D) sponsor workshops, short courses, and other learning experiences to explain basic science and environmental policy;CommentsClose CommentsPermalink





(E) inform community members about existing technical assistance materials, such as publications, videos, and web sites;CommentsClose CommentsPermalink





(F) offer training to community leaders in facilitation and conflict resolution among stakeholders; andCommentsClose CommentsPermalink





(G) create technical assistance materials tailored to the identified needs of a community.CommentsClose CommentsPermalink





(6) REPORTING REQUIREMENTS- To further the development of the mandated environmental justice offices, the following reports on identified accomplishments, complaints, and implementation of this Act shall be undertaken:CommentsClose CommentsPermalink





(A) The President shall present an annual report to Congress on the state of environmental justice in the agencies identified in this Act within 12 months after the enactment of this Act.CommentsClose CommentsPermalink





(B) The Government Accountability Office shall report to Congress an evaluation of the implementation of this Act within 18 months after the enactment of this Act.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- There are authorized to be appropriated to the entities named in this section such sums as may be necessary for each of fiscal years 2008 through 2018 to carry out this section.CommentsClose CommentsPermalink

SEC. 5. DOCUMENTATION AND REPORTS.

To further the development of the mandated environmental justice offices, and other initiatives set forth by this Act, the following reports on identified accomplishments, complaints, and implementation of this Act shall be undertaken:CommentsClose CommentsPermalink





(1) The President shall present an annual report to Congress on the state of environmental justice in the agencies identified in this Act within 12 months after the enactment of this Act.CommentsClose CommentsPermalink





(2) The Government Accountability Office shall report to Congress an evaluation of the implementation of this Act within 18 months after the enactment of this Act.CommentsClose CommentsPermalink