I 

117TH CONGRESS 

1ST SESSION H. R. 2397 

To advance environmental justice by addressing cumulative impacts and 

underenforcement, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2021 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protection from Cumu5 lative Emissions and Underenforcement of Environmental 

6 Law Act of 2021’’. 

7 SEC. 2. PUBLIC HEALTH RISKS ASSOCIATED WITH CUMU8 LATIVE ENVIRONMENTAL STRESSORS. 

9 (a) PROPOSED PROTOCOL.— 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2397 IH

1 (1) PUBLICATION.—Not later than 180 days 

2 after the date of enactment of this section, the Ad3 ministrator shall publish a proposal for a protocol 

4 for assessing and addressing the cumulative public 

5 health risks associated with multiple environmental 

6 stressors. 

7 (2) ENVIRONMENTAL STRESSORS.—The envi8 ronmental stressors addressed under the proposed 

9 protocol published under paragraph (1) shall in10 clude— 

11 (A) impacts associated with global climate 

12 change, including extreme heat, extremes in 

13 temperature change, drought, wildfires, sea 

14 level rise, flooding, storms, water shortage, food 

15 shortage, ecosystem disruption, and the spread 

16 of infectious disease; 

17 (B) exposure to pollutants, emissions, dis18 charges, waste, chemicals, or other materials 

19 subject to regulation under the Clean Air Act, 

20 the Federal Water Pollution Control Act, the 

21 Safe Drinking Water Act, the Toxic Substances 

22 Control Act, the Solid Waste Disposal Act, the 

23 Comprehensive Environmental Response, Com24 pensation, and Liability Act of 1980, the Emer25 gency Planning and Community Right-to-Know 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 2397 IH

1 Act of 1986, and other laws administered by 

2 the Administrator; and 

3 (C) other environmental stressors deter4 mined by the Administrator to impact public 

5 health. 

6 (3) PUBLIC COMMENT AND HEARINGS.—During 

7 the 90 days following publication of the proposed 

8 protocol under paragraph (1), the Administrator 

9 shall— 

10 (A) allow for public comment on such pro11 posed protocol; and 

12 (B) hold at least 4 public hearings on such 

13 proposed protocol at times and in locations in14 tended to maximize public input. 

15 (b) FINAL PROTOCOL.—Not later than 1 year after 

16 the date of enactment of this section, the Administrator 

17 shall— 

18 (1) finalize the proposed protocol published 

19 under subsection (a) by revising such proposed pro20 tocol as the Administrator determines necessary 

21 based on public comments received in writing and 

22 during the public hearings held pursuant to such 

23 subsection; and 

24 (2) publish in the Federal Register the final 

25 protocol for assessing and addressing the cumulative 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 2397 IH

1 public health risks associated with multiple environ2 mental stressors. 

3 (c) IMPLEMENTATION.—Not later than 3 years after 

4 the date of enactment of this section, the Administrator 

5 shall implement the final protocol described in subsection 

6 (b). 

7 SEC. 3. ENVIRONMENTAL JUSTICE FOR COMMUNITIES 

8 OVERBURDENED BY ENVIRONMENTAL VIOLA9 TIONS. 

10 (a) IDENTIFICATION OF COMMUNITIES.—Not later 

11 than 180 days after the date of enactment of this section, 

12 the Administrator shall, in consultation with co-regulators 

13 in State and local agencies, identify at least 100 commu14 nities— 

15 (1) that are environmental justice communities; 

16 and 

17 (2) in which there have been, over the previous 

18 5 years, a number of violations of environmental law 

19 that the Administrator determines to be greater 

20 than the national average of such violations. 

21 (b) ANALYSIS AND RECOMMENDATIONS.—Not later 

22 than 1 year after the date of enactment of this section, 

23 with respect to each community identified under sub24 section (a), the Administrator shall— 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 2397 IH

1 (1) undertake an analysis of the conditions that 

2 have led to the number of violations described in 

3 subsection (a)(2), including through engagement 

4 with the residents of each such community; 

5 (2) identify the root cause of the number of vio6 lations described in subsection (a)(2); and 

7 (3) identify measures that the Administrator 

8 shall take, in coordination with co-regulators in 

9 State and local agencies, to reduce the number of 

10 violations of environmental law to a number that the 

11 Administrator determines to be significantly below 

12 the national average. 

13 (c) IMPLEMENTATION.—Not later than 2 years after 

14 the date of enactment of this section, the Administrator 

15 shall complete the implementation of the measures identi16 fied under subsection (b)(3). 

17 SEC. 4. DEFINITIONS. 

18 In this Act: 

19 (1) ADMINISTRATOR.—The term ‘‘Adminis20 trator’’ means the Administrator of the Environ21 mental Protection Agency. 

22 (2) COMMUNITY OF COLOR.—The term ‘‘com23 munity of color’’ means a geographically distinct 

24 area in which the population of any of the following 

25 categories of individuals is higher than the average 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 2397 IH

1 population of that category for the State in which 

2 the community is located: 

3 (A) Black. 

4 (B) African American. 

5 (C) Asian. 

6 (D) Pacific Islander. 

7 (E) Other non-White race. 

8 (F) Hispanic. 

9 (G) Latino. 

10 (H) Linguistically isolated. 

11 (3) ENVIRONMENTAL JUSTICE COMMUNITY.— 

12 The term ‘‘environmental justice community’’ means 

13 a community with significant representation of com14 munities of color, low-income communities, or Tribal 

15 and indigenous communities, that experiences, or is 

16 at risk of experiencing higher or more adverse 

17 human health or environmental effects. 

18 (4) LOW-INCOME COMMUNITY.—The term ‘‘low19 income community’’ means any census block group 

20 in which 30 percent or more of the population are 

21 individuals with an annual household income equal 

22 to, or less than, the greater of— 

23 (A) an amount equal to 80 percent of the 

24 median income of the area in which the houseVerDate Sep 11 2014 05:35 May 27, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2397.IH H2397

kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 2397 IH

1 hold is located, as reported by the Department 

2 of Housing and Urban Development; and 

3 (B) 200 percent of the Federal poverty 

4 line. 

5 (5) TRIBAL AND INDIGENOUS COMMUNITY.— 

6 The term ‘‘Tribal and indigenous community’’ 

7 means a population of people who are members of— 

8 (A) a federally recognized Indian Tribe; 

9 (B) a State-recognized Indian Tribe; 

10 (C) an Alaska Native or Native Hawaiian 

11 community or organization; or 

12 (D) any other community of indigenous 

13 people located in a State. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS