Protection from Cumulative Emissions and Underenforcement of Environmental Law Act of 2023

To advance environmental justice by addressing cumulative impacts and underenforcement, and for other purposes. 1. Short title This Act may be cited as the Protection from Cumulative Emissions and Underenforcement of Environmental Law Act of 2023 2. Public health risks associated with cumulative environmental stressors (a) Proposed protocol (1) Publication Not later than 180 days after the date of enactment of this section, the Administrator shall publish a proposal for a protocol for assessing and addressing the cumulative public health risks associated with multiple environmental stressors. (2) Environmental stressors The environmental stressors addressed under the proposed protocol published under paragraph (1) shall include— (A) impacts associated with global climate change, including extreme heat, extremes in temperature change, drought, wildfires, sea level rise, flooding, storms, water shortage, food shortage, ecosystem disruption, and the spread of infectious disease; (B) exposure to pollutants, emissions, discharges, waste, chemicals, or other materials subject to regulation under the Clean Air Act, the Federal Water Pollution Control Act, the Safe Drinking Water Act, the Toxic Substances Control Act, the Solid Waste Disposal Act, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Emergency Planning and Community Right-to-Know Act of 1986, and other laws administered by the Administrator; and (C) other environmental stressors determined by the Administrator to impact public health. (3) Public comment and hearings During the 90 days following publication of the proposed protocol under paragraph (1), the Administrator shall— (A) allow for public comment on such proposed protocol; and (B) hold at least 4 public hearings on such proposed protocol at times and in locations intended to maximize public input. (b) Final protocol Not later than 1 year after the date of enactment of this section, the Administrator shall— (1) finalize the proposed protocol published under subsection (a) by revising such proposed protocol as the Administrator determines necessary based on public comments received in writing and during the public hearings held pursuant to such subsection; and (2) publish in the Federal Register the final protocol for assessing and addressing the cumulative public health risks associated with multiple environmental stressors. (c) Implementation Not later than 3 years after the date of enactment of this section, the Administrator shall implement the final protocol described in subsection (b). 3. Environmental justice for communities overburdened by environmental violations (a) Identification of communities Not later than 180 days after the date of enactment of this section, the Administrator shall, in consultation with co-regulators in State and local agencies, identify at least 100 communities— (1) that are environmental justice communities; and (2) in which there have been, over the previous 5 years, a number of violations of environmental law that the Administrator determines to be greater than the national average of such violations. (b) Analysis and recommendations Not later than 1 year after the date of enactment of this section, with respect to each community identified under subsection (a), the Administrator shall— (1) undertake an analysis of the conditions that have led to the number of violations described in subsection (a)(2), including through engagement with the residents of each such community; (2) identify the root cause of the number of violations described in subsection (a)(2); and (3) identify measures that the Administrator shall take, in coordination with co-regulators in State and local agencies, to reduce the number of violations of environmental law to a number that the Administrator determines to be significantly below the national average. (c) Implementation Not later than 2 years after the date of enactment of this section, the Administrator shall complete the implementation of the measures identified under subsection (b)(3). 4. Definitions In this Act: (1) Administrator The term Administrator (2) Community of color The term community of color (A) Black. (B) African American. (C) Asian. (D) Pacific Islander. (E) Other non-White race. (F) Hispanic. (G) Latino. (H) Linguistically isolated. (3) Environmental justice community The term environmental justice community (4) Low-income community The term low-income community (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. (5) Tribal and indigenous community The term Tribal and indigenous community (A) a federally recognized Indian Tribe; (B) a State-recognized Indian Tribe; (C) an Alaska Native or Native Hawaiian community or organization; or (D) any other community of indigenous people located in a State.

Summary: Protection from Cumulative Emissions and Underenforcement of Environmental Law Act of 2023 This bill directs the Environmental Protection Agency (EPA) to address the cumulative public health risks associated with multiple environmental stressors and recommend measures to reduce the number of violations of environmental law in certain environmental justice communities. Environmental justice communities are communities with significant representation of communities of color, low-income communities, or tribal and indigenous communities that experience, or are at risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities. In addition, the EPA must publish and implement a proposal for a protocol that assesses and addresses the cumulative public health risks associated with multiple environmental stressors, such as impacts associated with global climate change. Further, the EPA must identify at least 100 communities that (1) are environmental justice communities; and (2) have had more environmental law violations than the national average, as determined by the EPA. The EPA must then identify the causes of the violations, identify measures to reduce the number of violations, and implement such measures.