```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2236 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  1st Session
                                S. 2236

   To require Federal agencies to address environmental justice, to 
   require consideration of cumulative impacts in certain permitting 
                   decisions, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 23, 2019

 Mr. Booker (for himself, Ms. Harris, Mr. Blumenthal, Mr. Markey, Mr. 
Udall, Mr. Durbin, Ms. Duckworth, Mr. Sanders, Mr. Merkley, Ms. Warren, 
 Mr. Carper, Mr. Schatz, and Mr. Van Hollen) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL

 
   To require Federal agencies to address environmental justice, to 
   require consideration of cumulative impacts in certain permitting 
                   decisions, 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 Act of 2019''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to require Federal agencies to address and eliminate 
        the disproportionate environmental and human health impacts on 
        populations of color, communities of color, indigenous 
        communities, and low-income communities;
            (2) to ensure that all Federal agencies develop and enforce 
        rules, regulations, guidance, standards, policies, plans, and 
        practices that promote environmental justice;
            (3) to increase cooperation and require coordination among 
        Federal agencies in achieving environmental justice;
            (4) to provide to communities of color, indigenous 
        communities, and low-income communities meaningful access to 
        public information and opportunities for participation in 
        decision making affecting human health and the environment;
            (5) to mitigate the inequitable distribution of the burdens 
        and benefits of Federal programs having significant impacts on 
        human health and the environment;
            (6) to require consideration of cumulative impacts in 
        permitting decisions;
            (7) to clarify congressional intent to afford rights of 
        action pursuant to certain statutes and common law claims; and
            (8) to allow a private right of action under title VI of 
        the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) to 
        challenge discriminatory practices.

SEC. 3. 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 any geographically distinct area the population of color 
        of which is higher than the average population of color of the 
        State in which the community is located.
            (3) Community-based science.--The term ``community-based 
        science'' means voluntary public participation in the 
        scientific process and the incorporation of data and 
        information generated outside of traditional institutional 
        boundaries to address real-world problems in ways that may 
        include formulating research questions, conducting scientific 
        experiments, collecting and analyzing data, interpreting 
        results, making new discoveries, developing technologies and 
        applications, and solving complex problems, with an emphasis on 
        the democratization of science and the engagement of diverse 
        people and communities.
            (4) Environmental justice.--The term ``environmental 
        justice'' means the fair treatment and meaningful involvement 
        of all individuals, regardless of race, color, national origin, 
        educational level, or income, with respect to the development, 
        implementation, and enforcement of environmental laws, 
        regulations, and policies to ensure that--
                    (A) populations of color, communities of color, 
                indigenous communities, and low-income communities have 
                access to public information and opportunities for 
                meaningful public participation relating to human 
                health and environmental planning, regulations, and 
                enforcement;
                    (B) no population of color or community of color, 
                indigenous community, or low-income community shall be 
                exposed to a disproportionate burden of the negative 
                human health and environmental impacts of pollution or 
                other environmental hazards; and
                    (C) the 17 Principles of Environmental Justice 
                written and adopted at the First National People of 
                Color Environmental Leadership Summit held on October 
                24 through 27, 1991, in Washington, DC, are upheld.
            (5) Federal agency.--The term ``Federal agency'' means--
                    (A) each Federal agency represented on the Working 
                Group; and
                    (B) any other Federal agency that carries out a 
                Federal program or activity that substantially affects 
                human health or the environment, as determined by the 
                President.
            (6) Fenceline community.--The term ``fenceline community'' 
        means a population living in close proximity to a source of 
        pollution.
            (7) Indigenous community.--The term ``indigenous 
        community'' means--
                    (A) a federally recognized Indian Tribe;
                    (B) a State-recognized Indian Tribe;
                    (C) an Alaska Native or Native Hawaiian community 
                or organization; and
                    (D) any other community of indigenous people, 
                including communities in other countries.
            (8) Infrastructure.--The term ``infrastructure'' means any 
        system for safe drinking water, sewer collection, solid waste 
        disposal, electricity generation, communication, or 
        transportation access (including highways, airports, marine 
        terminals, rail systems, and residential roads) that is used to 
        effectively and safely support--
                    (A) housing;
                    (B) an educational facility;
                    (C) a medical provider;
                    (D) a park or recreational facility; or
                    (E) a local businesses.
            (9) Low income.--The term ``low income'' means 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.
            (10) 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 low income.
            (11) Meaningful.--The term ``meaningful'', with respect to 
        involvement by the public in a determination by a Federal 
        agency, means that--
                    (A) potentially affected residents of a community 
                have an appropriate opportunity to participate in 
                decisions regarding a proposed activity that will 
                affect the environment or public health of the 
                community;
                    (B) the public contribution can influence the 
                determination by the Federal agency;
                    (C) the concerns of all participants involved are 
                taken into consideration in the decision-making 
                process; and
                    (D) the Federal agency--
                            (i) provides to potentially affected 
                        members of the public accurate information; and
                            (ii) facilitates the involvement of 
                        potentially affected members of the public.
            (12) Population of color.--The term ``population of color'' 
        means a population of individuals who identify as--
                    (A) Black;
                    (B) African American;
                    (C) Asian;
                    (D) Pacific Islander;
                    (E) another nonWhite race;
                    (F) Hispanic;
                    (G) Latino; or
                    (H) linguistically isolated.
            (13) Publish.--The term ``publish'' means to make publicly 
        available in a form that is--
                    (A) generally accessible, including on the internet 
                and in public libraries; and
                    (B) accessible for--
                            (i) individuals who are limited in English 
                        proficiency, in accordance with Executive Order 
                        13166 (65 Fed. Reg. 50121 (August 16, 2000)); 
                        and
                            (ii) individuals with disabilities.
            (14) Working group.--The term ``Working Group'' means the 
        interagency Federal Working Group on Environmental Justice 
        convened under section 1-102 of Executive Order 12898 (42 
        U.S.C. 4321 note), as amended by Executive Order 12948 (60 Fed. 
        Reg. 6381 (January 30, 1995)) and modified by section 4.

SEC. 4. INTERAGENCY FEDERAL WORKING GROUP ON ENVIRONMENTAL JUSTICE.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Administrator shall convene, as appropriate to carry 
out this section, the Working Group.
    (b) Requirements.--
            (1) Composition.--The Working Group shall be comprised of 
        the following (or a designee):
                    (A) The Secretary of Agriculture.
                    (B) The Secretary of Commerce.
                    (C) The Secretary of Defense.
                    (D) The Secretary of Energy.
                    (E) The Secretary of Health and Human Services.
                    (F) The Secretary of Homeland Security.
                    (G) The Secretary of Housing and Urban Development.
                    (H) The Secretary of the Interior.
                    (I) The Secretary of Labor.
                    (J) The Secretary of Transportation.
                    (K) The Attorney General.
                    (L) The Administrator.
                    (M) The Director of the Office of Environmental 
                Justice.
                    (N) The Chairman of the Consumer Product Safety 
                Commission.
                    (O) The Chairperson of the Chemical Safety Board.
                    (P) The Director of the Office of Management and 
                Budget.
                    (Q) The Director of the Office of Science and 
                Technology Policy.
                    (R) The Chair of the Council on Environmental 
                Quality.
                    (S) The Assistant to the President for Domestic 
                Policy.
                    (T) The Director of the National Economic Council.
                    (U) The Chairman of the Council of Economic 
                Advisers.
                    (V) Such other Federal officials as the President 
                may designate.
            (2) Functions.--The Working Group shall--
                    (A) report to the President through the Chair of 
                the Council on Environmental Quality and the Assistant 
                to the President for Domestic Policy;
                    (B) provide guidance to Federal agencies regarding 
                criteria for identifying disproportionately high and 
                adverse human health or environmental effects--
                            (i) on populations of color, communities of 
                        color, indigenous communities, and low-income 
                        communities; and
                            (ii) on the basis of race, color, national 
                        origin, or income;
                    (C) coordinate with, provide guidance to, and serve 
                as a clearinghouse for, each Federal agency with 
                respect to the implementation and updating of an 
                environmental justice strategy required under this Act, 
                in order to ensure that the administration, 
                interpretation, and enforcement of programs, 
                activities, and policies are carried out in a 
                consistent manner;
                    (D) assist in coordinating research by, and 
                stimulating cooperation among, the Environmental 
                Protection Agency, the Department of Health and Human 
                Services, the Department of Housing and Urban 
                Development, and other Federal agencies conducting 
                research or other activities in accordance with this 
                Act;
                    (E) identify, based in part on public 
                recommendations contained in Federal agency progress 
                reports, important areas for Federal agencies to take 
                into consideration and address, as appropriate, in 
                environmental justice strategies and other efforts;
                    (F) assist in coordinating data collection and 
                maintaining and updating appropriate databases, as 
                required by this Act;
                    (G) examine existing data and studies relating to 
                environmental justice;
                    (H) hold public meetings and otherwise solicit 
                public participation under paragraph (3); and
                    (I) develop interagency model projects relating to 
                environmental justice that demonstrate cooperation 
                among Federal agencies.
            (3) Public participation.--The Working Group shall--
                    (A) hold public meetings or otherwise solicit 
                public participation and community-based science for 
                the purpose of fact-finding with respect to the 
                implementation of this Act; and
                    (B) prepare for public review and publish a summary 
                of any comments and recommendations provided.
    (c) Judicial Review and Rights of Action.--Any person may commence 
a civil action--
            (1) to seek relief from, or to compel, an agency action 
        under this section (including regulations promulgated pursuant 
        to this section); or
            (2) otherwise to ensure compliance with this section 
        (including regulations promulgated pursuant to this section).

SEC. 5. FEDERAL AGENCY ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE.

    (a) Federal Agency Responsibilities.--
            (1) Environmental justice mission.--To the maximum extent 
        practicable and permitted by applicable law, each Federal 
        agency shall make achieving environmental justice part of the 
        mission of the Federal agency by identifying, addressing, and 
        mitigating disproportionately high and adverse human health or 
        environmental effects of the programs, policies, and activities 
        of the Federal agency on populations of color, communities of 
        color, indigenous communities, and low-income communities in 
        the United States (including the territories and possessions of 
        the United States and the District of Columbia).
            (2) Nondiscrimination.--Each Federal agency shall conduct 
        any program, policy, or activity that substantially affects 
        human health or the environment in a manner that ensures that 
        the program, policy, or activity does not have the effect of 
        excluding any individual or group from participation in, 
        denying any individual or group the benefits of, or subjecting 
        any individual or group to discrimination under, the program, 
        policy, or activity because of race, color, or national origin.
            (3) Strategies.--
                    (A) Agencywide strategies.--Each Federal agency 
                shall implement and update, not less frequently than 
                annually, an agencywide environmental justice strategy 
                that identifies disproportionally high and adverse 
                human health or environmental effects of the programs, 
                policies, spending, and other activities of the Federal 
                agency with respect to populations of color, 
                communities of color, indigenous communities, and low-
                income communities, including, as appropriate for the 
                mission of the Federal agency, with respect to the 
                following areas:
                            (i) Implementation of the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.).
                            (ii) Implementation of title VI of the 
                        Civil Rights Act of 1964 (42 U.S.C. 2000d et 
                        seq.) (including regulations promulgated 
                        pursuant to that title).
                            (iii) Implementation of the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5121 et seq.).
                            (iv) Impacts from the lack of 
                        infrastructure, or from deteriorated 
                        infrastructure.
                            (v) Impacts from land use.
                            (vi) Impacts from climate change.
                            (vii) Impacts from commercial 
                        transportation.
                    (B) Revisions.--
                            (i) In general.--Each strategy developed 
                        and updated pursuant to subparagraph (A) shall 
                        identify programs, policies, planning and 
                        public participation processes, rulemaking, 
                        agency spending, and enforcement activities 
                        relating to human health or the environment 
                        that may be revised, at a minimum--
                                    (I) to promote enforcement of all 
                                health, environmental, and civil rights 
                                laws and regulations in areas 
                                containing populations of color, 
                                communities of color, indigenous 
                                communities, and low-income 
                                communities;
                                    (II) to ensure greater public 
                                participation;
                                    (III) to provide increased access 
                                to infrastructure;
                                    (IV) to improve research and data 
                                collection relating to the health and 
                                environment of populations of color, 
                                communities of color, indigenous 
                                communities, and low-income 
                                communities, including through the 
                                increased use of community-based 
                                science; and
                                    (V) to identify differential 
                                patterns of use of natural resources 
                                among populations of color, communities 
                                of color, indigenous communities, and 
                                low-income communities.
                            (ii) Timetables.--Each strategy implemented 
                        and updated pursuant to subparagraph (A) shall 
                        include a timetable for undertaking revisions 
                        identified pursuant to clause (i).
                    (C) Progress reports.--Not later than 1 year after 
                the date of enactment of this Act, and not less 
                frequently than once every 5 years thereafter, each 
                Federal agency shall submit to Congress and the Working 
                Group, and shall publish, a progress report that 
                includes, with respect to the period covered by the 
                report--
                            (i) a description of the current 
                        environmental justice strategy of the Federal 
                        agency;
                            (ii) an evaluation of the progress made by 
                        the Federal agency at national and regional 
                        levels regarding implementation of the 
                        environmental justice strategy, including--
                                    (I) metrics used by the Federal 
                                agency to measure performance; and
                                    (II) the progress made by the 
                                Federal agency toward--
                                            (aa) the achievement of the 
                                        metrics described in subclause 
                                        (I); and
                                            (bb) mitigating identified 
                                        instances of environmental 
                                        injustice;
                            (iii) a description of the participation by 
                        the Federal agency in interagency 
                        collaboration;
                            (iv) responses to recommendations submitted 
                        by members of the public to the Federal agency 
                        relating to the environmental justice strategy 
                        of the Federal agency and the implementation by 
                        the Federal agency of this Act; and
                            (v) any updates or revisions to the 
                        environmental justice strategy of the Federal 
                        agency, including those resulting from public 
                        comments.
            (4) Public participation.--Each Federal agency shall--
                    (A) ensure that meaningful opportunities exist for 
                the public to submit comments and recommendations 
                relating to the environmental justice strategy, 
                progress reports, and ongoing efforts of the Federal 
                agency to incorporate environmental justice principles 
                into the programs, policies, and activities of the 
                Federal agency;
                    (B) hold public meetings or otherwise solicit 
                public participation and community-based science from 
                populations of color, communities of color, indigenous 
                communities, and low-income communities for fact-
                finding, receiving public comments, and conducting 
                inquiries concerning environmental justice; and
                    (C) prepare for public review and publish a summary 
                of the comments and recommendations provided.
            (5) Access to information.--Each Federal agency shall--
                    (A) publish public documents, notices, and hearings 
                relating to the programs, policies, and activities of 
                the Federal agency that affect human health or the 
                environment; and
                    (B) translate and publish any public documents, 
                notices, and hearings relating to an action of the 
                Federal agency as appropriate for the affected 
                population, specifically in any case in which a limited 
                English-speaking population may be disproportionately 
                affected by that action.
            (6) Codification of guidance.--
                    (A) Council on environmental quality.--
                Notwithstanding any other provision of law, sections II 
                and III of the guidance issued by the Council on 
                Environmental Quality entitled ``Environmental Justice 
                Guidance Under the National Environmental Policy Act'' 
                and dated December 10, 1997, are enacted into law.
                    (B) Environmental protection agency.--
                Notwithstanding any other provision of law, the 
                guidance issued by the Environmental Protection Agency 
                entitled ``EPA Policy on Consultation and Coordination 
                with Indian Tribes: Guidance for Discussing Tribal 
                Treaty Rights'' and dated February 2016 is enacted into 
                law.
    (b) Human Health and Environmental Research, Data Collection, and 
Analysis.--
            (1) Research.--Each Federal agency, to the maximum extent 
        practicable and permitted by applicable law, shall--
                    (A) in conducting environmental or human health 
                research, include diverse segments of the population in 
                epidemiological and clinical studies, including 
                segments at high risk from environmental hazards, such 
                as--
                            (i) populations of color, communities of 
                        color, indigenous communities, populations with 
                        low income, and low-income communities;
                            (ii) fenceline communities; and
                            (iii) workers who may be exposed to 
                        substantial environmental hazards;
                    (B) in conducting environmental or human health 
                analyses, identify multiple and cumulative exposures; 
                and
                    (C) actively encourage and solicit community-based 
                science, and provide to populations of color, 
                communities of color, indigenous communities, 
                populations with low income, and low-income communities 
                the opportunity to comment regarding the development 
                and design of research strategies carried out pursuant 
                to this Act.
            (2) Disproportionate impact.--To the maximum extent 
        practicable and permitted by applicable law (including section 
        552a of title 5, United States Code (commonly known as the 
        ``Privacy Act'')), each Federal agency shall--
                    (A) collect, maintain, and analyze information 
                assessing and comparing environmental and human health 
                risks borne by populations identified by race, national 
                origin, or income; and
                    (B) use that information to determine whether the 
                programs, policies, and activities of the Federal 
                agency have disproportionally high and adverse human 
                health or environmental effects on populations of 
                color, communities of color, indigenous communities, 
                and low-income communities.
            (3) Information relating to non-federal facilities.--In 
        connection with the implementation of Federal agency strategies 
        under subsection (a)(3), each Federal agency, to the maximum 
        extent practicable and permitted by applicable law, shall 
        collect, maintain, and analyze information relating to the 
        race, national origin, and income level, and other readily 
        accessible and appropriate information, for fenceline 
        communities in proximity to any facility or site expected to 
        have a substantial environmental, human health, or economic 
        effect on the surrounding populations, if the facility or site 
        becomes the subject of a substantial Federal environmental 
        administrative or judicial action.
            (4) Impact from federal facilities.--Each Federal agency, 
        to the maximum extent practicable and permitted by applicable 
        law, shall collect, maintain, and analyze information relating 
        to the race, national origin, and income level, and other 
        readily accessible and appropriate information, for fenceline 
        communities in proximity to any facility of the Federal agency 
        that is--
                    (A) subject to the reporting requirements under the 
                Emergency Planning and Community Right-to-Know Act of 
                1986 (42 U.S.C. 11001 et seq.), as required by 
                Executive Order 12898 (42 U.S.C. 4321 note); and
                    (B) expected to have a substantial environmental, 
                human health, or economic effect on surrounding 
                populations.
    (c) Consumption of Fish and Wildlife.--
            (1) In general.--Each Federal agency shall develop, publish 
        (unless prohibited by law), and revise, as practicable and 
        appropriate, guidance on actions of the Federal agency that 
        will impact fish and wildlife consumed by populations that 
        principally rely on fish or wildlife for subsistence.
            (2) Requirement.--The guidance described in paragraph (1) 
        shall--
                    (A) reflect the latest scientific information 
                available concerning methods for evaluating the human 
                health risks associated with the consumption of 
                pollutant-bearing fish or wildlife; and
                    (B) publish the risks of such consumption patterns.
    (d) Mapping and Screening Tool.--The Administrator shall continue 
to make available to the public an environmental justice mapping and 
screening tool (such as EJScreen or an equivalent tool) that includes, 
at a minimum, the following features:
            (1) Nationally consistent data.
            (2) Environmental data.
            (3) Demographic data, including data relating to race, 
        ethnicity, and income.
            (4) Capacity to produce maps and reports by geographical 
        area.
    (e) Judicial Review and Rights of Action.--Any person may commence 
a civil action--
            (1) to seek relief from, or to compel, an agency action 
        under this section (including regulations promulgated pursuant 
        to this section); or
            (2) otherwise to ensure compliance with this section 
        (including regulations promulgated pursuant to this section).
    (f) Information Sharing.--In carrying out this section, each 
Federal agency, to the maximum extent practicable and permitted by 
applicable law, shall share information and eliminate unnecessary 
duplication of efforts through the use of existing data systems and 
cooperative agreements among Federal agencies and with State, local, 
and Tribal governments.

SEC. 6. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL.

    (a) Establishment.--The establishment by the Administrator on 
September 30, 1993, by charter pursuant to the Federal Advisory 
Committee Act (5 U.S.C. App.) of the National Environmental Justice 
Advisory Council (referred to in this section as the ``Advisory 
Council'') is enacted into law.
    (b) Duties.--The Advisory Council may carry out such duties as were 
carried out by the Advisory Council on the day before the date of 
enactment of this Act, subject to modification by the Administrator, by 
regulation.
    (c) Membership.--The membership of the Advisory Council shall--
            (1) be determined and appointed in accordance with, as 
        applicable--
                    (A) the charter described in subsection (a) (or any 
                subsequent amendment or revision of that charter); or
                    (B) other appropriate bylaws or documents of the 
                Advisory Council, as determined by the Administrator; 
                and
            (2) continue in effect as in existence on the day before 
        the date of enactment of this Act until modified in accordance 
        with paragraph (1).
    (d) Designated Federal Officer.--The Director of the Office of 
Environmental Justice of the Environmental Protection Agency is 
designated as the Federal officer required under section 10(e) of the 
Federal Advisory Committee Act (5 U.S.C. App.) for the Advisory 
Council.
    (e) Meetings.--
            (1) In general.--The Advisory Council shall meet not less 
        frequently than 3 times each calendar year.
            (2) Open to public.--Each meeting of the Advisory Council 
        shall be held open to the public.
            (3) Designated federal officer.--The designated Federal 
        officer described in subsection (d) (or a designee) shall--
                    (A) be present at each meeting of the Advisory 
                Council;
                    (B) ensure that each meeting is conducted in 
                accordance with an agenda approved in advance by the 
                designated Federal officer;
                    (C) provide an opportunity for interested persons--
                            (i) to file comments before or after each 
                        meeting of the Advisory Council; or
                            (ii) to make statements at such a meeting, 
                        to the extent that time permits;
                    (D) ensure that a representative of the Working 
                Group and a high-level representative from each 
                regional office of the Environmental Protection Agency 
                are invited to, and encouraged to attend, each meeting 
                of the Advisory Council; and
                    (E) provide technical assistance to States seeking 
                to establish State-level environmental justice advisory 
                councils or implement other environmental justice 
                policies or programs.
    (f) Responses From Administrator.--
            (1) Public comment inquiries.--The Administrator shall 
        provide a written response to each inquiry submitted to the 
        Administrator by a member of the public before or after each 
        meeting of the Advisory Council by not later than 120 days 
        after the date of submission.
            (2) Recommendations from advisory council.--The 
        Administrator shall provide a written response to each 
        recommendation submitted to the Administrator by the Advisory 
        Council by not later than 120 days after the date of 
        submission.
    (g) Travel Expenses.--A member of the Advisory Council may be 
allowed travel expenses, including per diem in lieu of subsistence, at 
such rate as the Administrator determines to be appropriate while away 
from the home or regular place of business of the member in the 
performance of the duties of the Advisory Council.
    (h) Duration.--The Advisory Council shall remain in existence 
unless otherwise provided by law.

SEC. 7. ENVIRONMENTAL JUSTICE GRANT PROGRAMS.

    (a) In General.--The Administrator shall continue to carry out the 
Environmental Justice Small Grants Program and the Environmental 
Justice Collaborative Problem-Solving Cooperative Agreement Program, as 
those programs are in existence on the date of enactment of this Act.
    (b) CARE Grants.--The Administrator shall continue to carry out the 
Community Action for a Renewed Environment grant programs I and II, as 
in existence on January 1, 2012.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the programs described in subsections (a) and 
(b) $10,000,000 for each of fiscal years 2020 through 2029.

SEC. 8. CONSIDERATION OF CUMULATIVE IMPACTS AND PERSISTENT VIOLATIONS 
              IN CERTAIN PERMITTING DECISIONS.

    (a) Federal Water Pollution Control Act.--Section 402 of the 
Federal Water Pollution Control Act (33 U.S.C. 1342) is amended--
            (1) by striking the section designation and heading and all 
        that follows through ``Except as'' in subsection (a)(1) and 
        inserting the following:

``SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.

    ``(a) Permits Issued by Administrator.--
            ``(1) In general.--Except as'';
            (2) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``upon condition that such 
                        discharge will meet either (A) all'' and 
                        inserting the following: ``subject to the 
                        conditions that--
                    ``(A) the discharge will achieve compliance with, 
                as applicable--
                            ``(i) all'';
                            (ii) by striking ``403 of this Act, or (B) 
                        prior'' and inserting the following: ``403; or
                            ``(ii) prior''; and
                            (iii) by striking ``this Act.'' and 
                        inserting the following: ``this Act; and
                    ``(B) with respect to the issuance or renewal of 
                the permit--
                            ``(i) based on an analysis by the 
                        Administrator of existing water quality and the 
                        potential cumulative impacts (as defined in 
                        section 501 of the Clean Air Act (42 U.S.C. 
                        7661)) of the discharge, considered in 
                        conjunction with the designated and actual uses 
                        of the impacted navigable water, there exists a 
                        reasonable certainty of no harm to the health 
                        of the general population, or to any 
                        potentially exposed or susceptible 
                        subpopulation; or
                            ``(ii) if the Administrator determines 
                        that, due to those potential cumulative 
                        impacts, there does not exist a reasonable 
                        certainty of no harm to the health of the 
                        general population, or to any potentially 
                        exposed or susceptible subpopulation, the 
                        permit or renewal includes such terms and 
                        conditions as the Administrator determines to 
                        be necessary to ensure a reasonable certainty 
                        of no harm.''; and
                    (B) in paragraph (2), by striking ``assure 
                compliance with the requirements of paragraph (1) of 
                this subsection, including conditions on data and 
                information collection, reporting, and such other 
                requirements as he deems appropriate.'' and inserting 
                the following: ``ensure compliance with the 
                requirements of paragraph (1), including--
                    ``(A) conditions relating to--
                            ``(i) data and information collection;
                            ``(ii) reporting; and
                            ``(iii) such other requirements as the 
                        Administrator determines to be appropriate; and
                    ``(B) additional controls or pollution prevention 
                requirements.''; and
            (3) in subsection (b)--
                    (A) in each of paragraphs (1)(D), (2)(B), and (3) 
                through (7), by striking the semicolon at the end and 
                inserting a period;
                    (B) in paragraph (8), by striking ``; and'' at the 
                end and inserting a period; and
                    (C) by adding at the end the following:
            ``(10) To ensure that no permit will be issued or renewed 
        if, with respect to an application for the permit, the State 
        determines, based on an analysis by the State of existing water 
        quality and the potential cumulative impacts (as defined in 
        section 501 of the Clean Air Act (42 U.S.C. 7661)) of the 
        discharge, considered in conjunction with the designated and 
        actual uses of the impacted navigable water, that the terms and 
        conditions of the permit or renewal would not be sufficient to 
        ensure a reasonable certainty of no harm to the health of the 
        general population, or to any potentially exposed or 
        susceptible subpopulation.''.
    (b) Clean Air Act.--
            (1) Definitions.--Section 501 of the Clean Air Act (42 
        U.S.C. 7661) is amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``As used in this title--'' and inserting ``In 
                this title:'';
                    (B) by redesignating paragraphs (2), (3), and (4) 
                as paragraphs (3), (5), and (4), respectively, and 
                moving the paragraphs so as to appear in numerical 
                order; and
                    (C) by inserting after paragraph (1) the following:
            ``(2) Cumulative impacts.--The term `cumulative impacts' 
        means any exposure, public health or environmental risk, or 
        other effect occurring in a specific geographical area, 
        including from an emission or release--
                    ``(A) including--
                            ``(i) environmental pollution released--
                                    ``(I)(aa) routinely;
                                    ``(bb) accidentally; or
                                    ``(cc) otherwise; and
                                    ``(II) from any source, whether 
                                single or multiple; and
                            ``(ii) as assessed based on the combined 
                        past, present, and reasonably foreseeable 
                        emissions and discharges affecting the 
                        geographical area; and
                    ``(B) evaluated taking into account sensitive 
                populations and socioeconomic factors, where 
                applicable.''.
            (2) Permit programs.--Section 502(b) of the Clean Air Act 
        (42 U.S.C. 7661a(b)) is amended--
                    (A) in paragraph (5)--
                            (i) in subparagraphs (A) and (C), by 
                        striking ``assure'' each place it appears and 
                        inserting ``ensure''; and
                            (ii) by striking subparagraph (F) and 
                        inserting the following:
            ``(F) ensure that no permit will be issued or renewed, as 
        applicable, if--
                    ``(i) with respect to an application for a permit 
                or renewal of a permit for a major source, the 
                permitting authority determines under paragraph 
                (9)(A)(i)(II)(bb) that the terms and conditions of the 
                permit or renewal would not be sufficient to ensure a 
                reasonable certainty of no harm to the health of the 
                general population, or to any potentially exposed or 
                susceptible subpopulation, of the applicable census 
                tracts or Tribal census tracts (as those terms are 
                defined by the Director of the Bureau of the Census); 
                or
                    ``(ii) the Administrator objects to the issuance of 
                the permit in a timely manner under this title.''; and
                    (B) in paragraph (9)--
                            (i) in the fourth sentence, by striking 
                        ``Such permit revision'' and inserting the 
                        following:
                            ``(iii) Treatment as renewal.--A permit 
                        revision under this paragraph'';
                            (ii) in the third sentence, by striking 
                        ``No such revision shall'' and inserting the 
                        following:
                            ``(ii) Exception.--A revision under this 
                        paragraph shall not'';
                            (iii) in the second sentence, by striking 
                        ``Such revisions'' and inserting the following:
                    ``(B) Revision requirements.--
                            ``(i) Deadline.--A revision described in 
                        subparagraph (A)(ii)''; and
                            (iv) by striking the paragraph designation 
                        and all that follows through ``shall require'' 
                        in the first sentence and inserting the 
                        following:
            ``(9) Major sources.--
                    ``(A) In general.--With respect to any permit or 
                renewal of a permit, as applicable, for a major source, 
                a requirement that the permitting authority shall--
                            ``(i) in determining whether to issue or 
                        renew the permit--
                                    ``(I) evaluate the potential 
                                cumulative impacts of the proposed 
                                major source, as described in the 
                                applicable cumulative impacts analysis 
                                submitted under section 503(b)(3);
                                    ``(II) if, due to those potential 
                                cumulative impacts, the permitting 
                                authority cannot determine that there 
                                exists a reasonable certainty of no 
                                harm to the health of the general 
                                population, or to any potentially 
                                exposed or susceptible subpopulation, 
                                of any census tracts or Tribal census 
                                tracts (as those terms are defined by 
                                the Director of the Bureau of the 
                                Census) located in, or immediately 
                                adjacent to, the area in which the 
                                major source is, or is proposed to be, 
                                located--
                                            ``(aa) include in the 
                                        permit or renewal such terms 
                                        and conditions (including 
                                        additional controls or 
                                        pollution prevention 
                                        requirements) as the permitting 
                                        authority determines to be 
                                        necessary to ensure a 
                                        reasonable certainty of no 
                                        harm; or
                                            ``(bb) if the permitting 
                                        authority determines that terms 
                                        and conditions described in 
                                        item (aa) would not be 
                                        sufficient to ensure a 
                                        reasonable certainty of no 
                                        harm, deny the issuance or 
                                        renewal of the permit;
                                    ``(III) determine whether the 
                                applicant is a persistent violator, 
                                based on such criteria relating to the 
                                history of compliance by an applicant 
                                with this Act as the Administrator 
                                shall establish by not later than 180 
                                days after the date of enactment of the 
                                Environmental Justice Act of 2019;
                                    ``(IV) if the permitting authority 
                                determines under subclause (III) that 
                                the applicant is a persistent violator 
                                and the permitting authority does not 
                                deny the issuance or renewal of the 
                                permit pursuant to subclause (V)(bb)--
                                            ``(aa) require the 
                                        applicant to submit a 
                                        redemption plan that 
                                        describes--

                                                    ``(AA) if the 
                                                applicant is not 
                                                compliance with this 
                                                Act, measures the 
                                                applicant will carry 
                                                out to achieve that 
                                                compliance, together 
                                                with an approximate 
                                                deadline for that 
                                                achievement;

                                                    ``(BB) measures the 
                                                applicant will carry 
                                                out, or has carried out 
                                                to ensure the applicant 
                                                will remain in 
                                                compliance with this 
                                                Act, and to mitigate 
                                                the environmental and 
                                                health effects of 
                                                noncompliance; and

                                                    ``(CC) the measures 
                                                the applicant has 
                                                carried out in 
                                                preparing the 
                                                redemption plan to 
                                                consult or negotiate 
                                                with the communities 
                                                affected by each 
                                                persistent violation 
                                                addressed in the plan; 
                                                and

                                            ``(bb) once such a 
                                        redemption plan is submitted, 
                                        determine whether the plan is 
                                        adequate to ensuring that the 
                                        applicant--

                                                    ``(AA) will achieve 
                                                compliance with this 
                                                Act expeditiously;

                                                    ``(BB) will remain 
                                                in compliance with this 
                                                Act;

                                                    ``(CC) will 
                                                mitigate the 
                                                environmental and 
                                                health effects of 
                                                noncompliance; and

                                                    ``(DD) has 
                                                solicited and responded 
                                                to community input 
                                                regarding the 
                                                redemption plan; and

                                    ``(V) deny the issuance or renewal 
                                of the permit if the permitting 
                                authority determines that--
                                            ``(aa) the redemption plan 
                                        submitted under subclause 
                                        (IV)(aa) is inadequate; or
                                            ``(bb)(AA) the applicant 
                                        has submitted a redemption plan 
                                        on a prior occasion, but 
                                        continues to be a persistent 
                                        violator; and
                                            ``(BB) no indication exists 
                                        of extremely exigent 
                                        circumstances excusing the 
                                        persistent violations; and
                            ``(ii) in the case of such a permit with a 
                        term of 3 years or longer, require in 
                        accordance with subparagraph (B).''.
            (3) Permit applications.--Section 503(b) of the Clean Air 
        Act (42 U.S.C. 7661b(b)) is amended by adding at the end the 
        following:
            ``(3) Major source analyses.--The regulations required by 
        section 502(b) shall include a requirement that an applicant 
        for a permit or renewal of a permit for a major source shall 
        submit, together with the compliance plan required under this 
        subsection, a cumulative impacts analysis for each census tract 
        or Tribal census tract (as those terms are defined by the 
        Director of the Bureau of the Census) located in, or 
        immediately adjacent to, the area in which the major source is, 
        or is proposed to be, located that analyzes--
                    ``(A) community demographics and locations of 
                community exposure points, such as schools, day care 
                centers, nursing homes, hospitals, health clinics, 
                places of religious worship, parks, playgrounds, and 
                community centers;
                    ``(B) air quality and the potential effect on that 
                air quality of emissions of air pollutants (including 
                pollutants listed under section 108 or 112) from the 
                proposed major source, including in combination with 
                existing sources of pollutants;
                    ``(C) the potential effects on soil quality and 
                water quality of emissions of lead and other air 
                pollutants that could contaminate soil or water from 
                the proposed major source, including in combination 
                with existing sources of pollutants; and
                    ``(D) public health and any potential effects on 
                public health of the proposed major source.''.

SEC. 9. IMPLIED RIGHTS OF ACTION AND COMMON LAW CLAIMS.

    Section 505 of the Federal Water Pollution Control Act (33 U.S.C. 
1365) is amended by adding at the end the following:
    ``(i) Effect on Implied Rights of Action and Common Law Claims.--
            ``(1) Definition of covered act.--In this subsection:
                    ``(A) In general.--The term `covered Act' means--
                            ``(i) this Act;
                            ``(ii) the Federal Insecticide, Fungicide, 
                        and Rodenticide Act (7 U.S.C. 136 et seq.);
                            ``(iii) the Surface Mining Control and 
                        Reclamation Act of 1977 (30 U.S.C. 1201 et 
                        seq.);
                            ``(iv) the Marine Protection, Research, and 
                        Sanctuaries Act of 1972 (33 U.S.C. 1401 et 
                        seq.);
                            ``(v) the Safe Drinking Water Act (42 
                        U.S.C. 300f et seq.);
                            ``(vi) the Solid Waste Disposal Act (42 
                        U.S.C. 6901 et seq.);
                            ``(vii) the Clean Air Act (42 U.S.C. 7401 
                        et seq.);
                            ``(viii) the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9601 et seq.); and
                            ``(ix) any other Act administered by the 
                        Administrator.
                    ``(B) Inclusions.--The term `covered Act' includes 
                any provision of an Act described in subparagraph (A) 
                the date of enactment of which is after the date of 
                enactment of this subsection, unless that provision is 
                specifically excluded from this subsection.
            ``(2) Effect.--Nothing in a covered Act precludes the right 
        to bring an action--
                    ``(A) under section 1979 of the Revised Statutes 
                (42 U.S.C. 1983); or
                    ``(B) that is implied under--
                            ``(i) a covered Act; or
                            ``(ii) common law.
            ``(3) Application.--Nothing in this section precludes the 
        right to bring an action under any provision of law that is not 
        a covered Act.''.

SEC. 10. PRIVATE RIGHTS OF ACTION FOR DISCRIMINATORY PRACTICES.

    (a) Right of Action.--Section 602 of the Civil Rights Act of 1964 
(42 U.S.C. 2000d-1) is amended--
            (1) by inserting ``(a)'' before ``Each Federal department 
        and agency which is empowered''; and
            (2) by adding at the end the following:
    ``(b) Any person aggrieved by the failure of a covered entity to 
comply with this title, including any regulation promulgated pursuant 
to this title, may bring a civil action in any Federal or State court 
of competent jurisdiction to enforce such person's rights under this 
title.''.
    (b) Effective Date.--
            (1) In general.--This section, including the amendments 
        made by this section, takes effect on the date of enactment of 
        this Act.
            (2) Application.--This section, including the amendments 
        made by this section, applies to all actions or proceedings 
        pending on or after the date of enactment of this Act.

SEC. 11. SEVERABILITY.

    If any provision of this Act, or the application of such a 
provision to any person or circumstance, is determined to be invalid, 
the remainder of this Act and the application of the provision to other 
persons or circumstances shall not be affected.
                                 <all>
```