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 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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protection from Cumu-
lative Emissions and Underenforcement of Environmental 
Law Act of 2021’’. 
SEC. 2. PUBLIC HEALTH RISKS ASSOCIATED WITH CUMU-
LATIVE ENVIRONMENTAL STRESSORS. 
(a) PROPOSED PROTOCOL.— 
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(1) PUBLICATION.—Not later than 180 days 
after the date of enactment of this section, the Ad-
ministrator 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 envi-
ronmental stressors addressed under the proposed 
protocol published under paragraph (1) shall in-
clude— 
(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, dis-
charges, 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, Com-
pensation, and Liability Act of 1980, the Emer-
gency Planning and Community Right-to-Know 
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Act of 1986, and other laws administered by 
the Administrator; and 
(C) other environmental stressors deter-
mined 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 pro-
posed protocol; and 
(B) hold at least 4 public hearings on such 
proposed protocol at times and in locations in-
tended 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 pro-
tocol 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 
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public health risks associated with multiple environ-
mental 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). 
SEC. 3. ENVIRONMENTAL JUSTICE FOR COMMUNITIES 
OVERBURDENED BY ENVIRONMENTAL VIOLA-
TIONS. 
(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 commu-
nities— 
(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 sub-
section (a), the Administrator shall— 
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(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 vio-
lations 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 identi-
fied under subsection (b)(3). 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) COMMUNITY OF COLOR.—The term ‘‘com-
munity of color’’ means a geographically distinct 
area in which the population of any of the following 
categories of individuals is higher than the average 
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population of that category for the State in which 
the community is located: 
(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’’ means 
a community with significant representation of com-
munities of color, low-income communities, or Tribal 
and indigenous communities, that experiences, or is 
at risk of experiencing higher or more adverse 
human health or environmental effects. 
(4) 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 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 house-
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hold 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’’ 
means a population of people who are members of— 
(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. 
Æ 
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