Protection from Cumulative Emissions and Underenforcement of Environmental Law Act of 2021
Bill: H.R.2397 | Sponsor: Rep. DeGette, Diana (D-CO)
Policy area: Environmental Protection

Summary:
Protection from Cumulative Emissions and Underenforcement of Environmental Law Act of 2021
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.

To advance environmental justice by addressing cumulative impacts and 
               underenforcement, 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 ``Protection from Cumulative Emissions 
and Underenforcement of Environmental Law Act of 2021''.

SEC. 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).

SEC. 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).

SEC. 4. 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 a geographically distinct area in which the population of 
        any of the following categories of individuals is higher than 
        the average 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 communities 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 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'' 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.
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