What This Bill Does
This bill directs the Environmental Protection Agency to create a protocol for assessing how multiple environmental stressors harm public health in communities. It also requires the EPA to identify communities with high numbers of environmental violations and develop plans to reduce those violations.
Who It Affects
Environmental justice communities (areas with high representation of communities of color, low-income communities, or Tribal and indigenous communities that experience higher health or environmental risks), residents of communities with above-average environmental violations, and the Environmental Protection Agency.
Key Provisions
• The EPA must publish a proposed protocol within 180 days for assessing and addressing cumulative public health risks from multiple environmental stressors, including climate change impacts and pollution exposure (Sec. 2(a)(1)).
• The EPA must hold at least four public hearings and accept written comments during a 90-day period following the proposed protocol's publication (Sec. 2(a)(3)).
• The EPA must finalize the protocol within one year and publish it in the Federal Register (Sec. 2(b)).
• The EPA must identify at least 100 environmental justice communities with higher-than-average environmental violations over the previous five years within 180 days (Sec. 3(a)).
• The EPA must analyze the causes of violations in identified communities and develop measures to reduce violations below the national average within one year, then implement those measures within two years (Sec. 3(b) and (c)).
What Changes
If this becomes law, the EPA will create a new system to measure how multiple environmental problems affect public health in overburdened communities. The EPA will also identify communities with serious enforcement problems and be required to take specific steps to reduce environmental violations in those areas.
Important Definitions
• Environmental justice community: A neighborhood with significant representation of communities of color, low-income communities, or Tribal and indigenous communities that experiences or risks higher or more adverse health or environmental effects.
• Community of color: A geographic area where the population of Black, African American, Asian, Pacific Islander, other non-White, Hispanic, Latino, or linguistically isolated individuals is higher than the state average.
• Low-income community: A census block group where 30 percent or more of people have annual household income equal to or less than either 80 percent of the area's median income or 200 percent of the Federal poverty line, whichever is greater.
• Tribal and indigenous community: A population of federally recognized Indian Tribe members, state-recognized Indian Tribe members, Alaska Native or Native Hawaiian community members, or other indigenous people in a state.
I
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 Com-
mittee 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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Protection from Cumu-
4
lative Emissions and Underenforcement of Environmental
5
Law Act of 2023’’.
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SEC. 2. PUBLIC HEALTH RISKS ASSOCIATED WITH CUMU-
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LATIVE ENVIRONMENTAL STRESSORS.
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(a) PROPOSED PROTOCOL.—
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(1) PUBLICATION.—Not later than 180 days
1
after the date of enactment of this section, the Ad-
2
ministrator shall publish a proposal for a protocol
3
for assessing and addressing the cumulative public
4
health risks associated with multiple environmental
5
stressors.
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(2) ENVIRONMENTAL
STRESSORS.—The envi-
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ronmental stressors addressed under the proposed
8
protocol published under paragraph (1) shall in-
9
clude—
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(A) impacts associated with global climate
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change, including extreme heat, extremes in
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temperature change, drought, wildfires, sea
13
level rise, flooding, storms, water shortage, food
14
shortage, ecosystem disruption, and the spread
15
of infectious disease;
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(B) exposure to pollutants, emissions, dis-
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charges, waste, chemicals, or other materials
18
subject to regulation under the Clean Air Act,
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the Federal Water Pollution Control Act, the
20
Safe Drinking Water Act, the Toxic Substances
21
Control Act, the Solid Waste Disposal Act, the
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Comprehensive Environmental Response, Com-
23
pensation, and Liability Act of 1980, the Emer-
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gency Planning and Community Right-to-Know
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•HR 1673 IH
Act of 1986, and other laws administered by
1
the Administrator; and
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(C) other environmental stressors deter-
3
mined by the Administrator to impact public
4
health.
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(3) PUBLIC COMMENT AND HEARINGS.—During
6
the 90 days following publication of the proposed
7
protocol under paragraph (1), the Administrator
8
shall—
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(A) allow for public comment on such pro-
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posed protocol; and
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(B) hold at least 4 public hearings on such
12
proposed protocol at times and in locations in-
13
tended to maximize public input.
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(b) FINAL PROTOCOL.—Not later than 1 year after
15
the date of enactment of this section, the Administrator
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shall—
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(1) finalize the proposed protocol published
18
under subsection (a) by revising such proposed pro-
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tocol as the Administrator determines necessary
20
based on public comments received in writing and
21
during the public hearings held pursuant to such
22
subsection; and
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(2) publish in the Federal Register the final
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protocol for assessing and addressing the cumulative
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•HR 1673 IH
public health risks associated with multiple environ-
1
mental stressors.
2
(c) IMPLEMENTATION.—Not later than 3 years after
3
the date of enactment of this section, the Administrator
4
shall implement the final protocol described in subsection
5
(b).
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SEC. 3. ENVIRONMENTAL JUSTICE FOR COMMUNITIES
7
OVERBURDENED BY ENVIRONMENTAL VIOLA-
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TIONS.
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(a) IDENTIFICATION OF COMMUNITIES.—Not later
10
than 180 days after the date of enactment of this section,
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the Administrator shall, in consultation with co-regulators
12
in State and local agencies, identify at least 100 commu-
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nities—
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(1) that are environmental justice communities;
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and
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(2) in which there have been, over the previous
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5 years, a number of violations of environmental law
18
that the Administrator determines to be greater
19
than the national average of such violations.
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(b) ANALYSIS AND RECOMMENDATIONS.—Not later
21
than 1 year after the date of enactment of this section,
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with respect to each community identified under sub-
23
section (a), the Administrator shall—
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(1) undertake an analysis of the conditions that
1
have led to the number of violations described in
2
subsection (a)(2), including through engagement
3
with the residents of each such community;
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(2) identify the root cause of the number of vio-
5
lations described in subsection (a)(2); and
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(3) identify measures that the Administrator
7
shall take, in coordination with co-regulators in
8
State and local agencies, to reduce the number of
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violations of environmental law to a number that the
10
Administrator determines to be significantly below
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the national average.
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(c) IMPLEMENTATION.—Not later than 2 years after
13
the date of enactment of this section, the Administrator
14
shall complete the implementation of the measures identi-
15
fied under subsection (b)(3).
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SEC. 4. DEFINITIONS.
17
In this Act:
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
19
trator’’ means the Administrator of the Environ-
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mental Protection Agency.
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(2) COMMUNITY OF COLOR.—The term ‘‘com-
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munity of color’’ means a geographically distinct
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area in which the population of any of the following
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categories of individuals is higher than the average
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•HR 1673 IH
population of that category for the State in which
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the community is located:
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(A) Black.
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(B) African American.
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(C) Asian.
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(D) Pacific Islander.
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(E) Other non-White race.
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(F) Hispanic.
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(G) Latino.
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(H) Linguistically isolated.
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(3) ENVIRONMENTAL
JUSTICE
COMMUNITY.—
11
The term ‘‘environmental justice community’’ means
12
a community with significant representation of com-
13
munities of color, low-income communities, or Tribal
14
and indigenous communities, that experiences, or is
15
at risk of experiencing higher or more adverse
16
human health or environmental effects.
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(4) LOW-INCOME COMMUNITY.—The term ‘‘low-
18
income community’’ means any census block group
19
in which 30 percent or more of the population are
20
individuals with an annual household income equal
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to, or less than, the greater of—
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(A) an amount equal to 80 percent of the
23
median income of the area in which the house-
24
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•HR 1673 IH
hold is located, as reported by the Department
1
of Housing and Urban Development; and
2
(B) 200 percent of the Federal poverty
3
line.
4
(5) TRIBAL
AND
INDIGENOUS
COMMUNITY.—
5
The term ‘‘Tribal and indigenous community’’
6
means a population of people who are members of—
7
(A) a federally recognized Indian Tribe;
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(B) a State-recognized Indian Tribe;
9
(C) an Alaska Native or Native Hawaiian
10
community or organization; or
11
(D) any other community of indigenous
12
people located in a State.
13
Æ
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