Climate Justice Act of 2021
Bill: H.R.2394 | Sponsor: Rep. Clarke, Yvette D. (D-NY)
Policy area: Environmental Protection

Summary:
Climate Justice Act of 2021
This bill requires the President to establish a Climate Justice Working Group that must advise federal entities on a just and equitable transition towards a clean, climate-resilient, and zero-emission economy.

To provide for the establishment of a Climate Justice Working Group to 
help guide the Nation's just and equitable transition towards a clean, 
   climate-resilient, zero-emission economy, 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 ``Climate Justice Act of 2021''.

SEC. 2. CLIMATE JUSTICE WORKING GROUP.

    (a) Establishment.--Not later than 60 days after the date of 
enactment of this Act, the President shall establish an advisory 
committee, to be known as the Climate Justice Working Group, to advise 
on the Nation's just and equitable transition towards a clean, climate-
resilient, zero-emission economy.
    (b) Membership.--
            (1) Total number.--The Working Group shall be comprised of 
        no fewer than 22 members.
            (2) Qualifications.--The members of the Work Group shall 
        have significant expertise or experience in matters relating 
        to--
                    (A) climate change and environmental pollution; and
                    (B) the impacts of climate change and environmental 
                pollution on frontline and disadvantaged communities.
            (3) Appointment.--The members of the Working Group shall be 
        appointed by the President and shall include at a minimum the 
        following representatives:
                    (A) Eight representatives from frontline community-
                based organizations with experience with, and a history 
                of, advocacy regarding environmental justice or climate 
                justice and equity issues. The representatives 
                appointed pursuant to this subparagraph shall include 
                at least one from each of a coastal community, a rural 
                community, an urban community, and a Tribal community.
                    (B) One representative from the Environmental 
                Protection Agency.
                    (C) One representative from the Department of 
                Transportation.
                    (D) One representative from the Department of the 
                Interior.
                    (E) One representative from the Department of 
                Energy.
                    (F) One representative from the Department of 
                Housing and Urban Development.
                    (G) One representative from the Federal Emergency 
                Management Agency.
                    (H) One public health representative from the 
                Department of Health and Human Services.
                    (I) One representative from the Council on 
                Environmental Quality.
                    (J) Two representatives from local government.
                    (K) Two representatives from State government.
                    (L) Two representatives from Tribal government.
    (c) Duties.--
            (1) In general.--The Working Group shall advise and provide 
        recommendations to the President and Federal agencies on or 
        relating to the just and equitable creation and implementation 
        of goals and initiatives to transition towards a clean, 
        climate-resilient, zero-emission economy, including through 
        reduction of greenhouse gas emissions and copollutants.
            (2) Core functions.--
                    (A) Criteria and metrics.--The Working Group, in 
                consultation with relevant Federal agencies, 
                interagency councils, White House offices, and advisory 
                councils, shall establish a robust set of criteria and 
                metrics to identify climate-burdened communities for 
                the purposes of informing relevant Federal initiatives 
                to geographically map the location of disadvantaged or 
                vulnerable communities and of achieving a just and 
                equitable transition towards a clean, climate-
                resilient, zero-emission economy. Such criteria and 
                metrics shall be established based on geographic, 
                public health, environmental hazard, and socioeconomic 
                considerations, including such considerations as--
                            (i) a disproportionate prevalence of 
                        negative health conditions;
                            (ii) cumulative environmental pollution and 
                        other hazards that can lead to negative public 
                        health effects;
                            (iii) proximity to existing environmental 
                        pollution and degradation, polluting 
                        facilities, waste sites, or natural resource 
                        extraction sites;
                            (iv) vulnerability to the impacts of 
                        climate change such as flooding, drought, storm 
                        surges, and urban heat island effects;
                            (v) vulnerability to displacement due to 
                        the impacts of climate change or other 
                        socioeconomic forces;
                            (vi) access to green space;
                            (vii) historical and present-day 
                        discrimination on the basis of race, ethnicity, 
                        gender, national origin, immigration status, or 
                        other demographic factors;
                            (viii) historical or present-day experience 
                        of economic transition, deindustrialization, or 
                        chronic underinvestment;
                            (ix) income and wealth;
                            (x) rent burden;
                            (xi) home ownership;
                            (xii) educational attainment;
                            (xiii) linguistic isolation; and
                            (xiv) such other considerations as the 
                        Working Group considers appropriate.
                    (B) Guiding principles.--The Working Group, in 
                consultation with relevant Federal agencies, 
                interagency councils, White House offices, and advisory 
                councils, shall establish guiding principles and 
                recommendations for ensuring that, with respect to 
                climate-burdened communities, all Federal goals and 
                initiatives involving greenhouse gas emissions, 
                copollutant reductions, and the allocation of Federal 
                investments related to achieving a clean, climate-
                resilient, zero-emission economy--
                            (i) prioritize and directly benefit such 
                        communities;
                            (ii) do not produce new or exacerbate 
                        existing disproportionate health, 
                        environmental, or socioeconomic burdens in such 
                        communities; and
                            (iii) include meaningful public 
                        consultation and engagement with members of 
                        such communities.
                    (C) Community engagement.--In carrying out 
                subparagraphs (A) and (B), the Working Group shall 
                initiate and carry out public engagement, particularly 
                with residents and stakeholders from disadvantaged and 
                front-line communities, to ensure that the public has 
                input into the criteria and metrics under subparagraph 
                (A) and the guiding principles and recommendations 
                under subparagraph (B).
                    (D) Draft report.--Before finalizing the criteria 
                and metrics under subparagraph (A) and the guiding 
                principles and recommendations under subparagraph (B), 
                the Working Group shall--
                            (i) publish a draft report containing a 
                        list of the proposed criteria and metrics and 
                        guiding principles and recommendations;
                            (ii) make such draft report available on an 
                        easily accessible public website; and
                            (iii) deliver such draft report to the 
                        Committee on Energy and Commerce of the House 
                        of Representatives and the Committee on 
                        Environment and Public Works of the Senate.
                    (E) Public input.--
                            (i) Comment period.--After publishing the 
                        draft report under subparagraph (D), the 
                        Working Group shall provide a period of at 
                        least 120 days for the submission of public 
                        comment on the draft report.
                            (ii) Public hearings.--During such 120-day 
                        period, the Working Group shall hold at least 
                        four public hearings on the draft report in 
                        different geographic regions of the United 
                        States.
                            (iii) Meaningful opportunities.--The 
                        Working Group shall ensure there are meaningful 
                        opportunities for public comment on the draft 
                        report from all segments of the population that 
                        might be impacted by the criteria and metrics 
                        under subparagraph (A) and the guiding 
                        principles and recommendations under 
                        subparagraph (B), including persons living in 
                        areas that may be identified as climate-
                        burdened communities under such criteria and 
                        metrics.
                    (F) Outreach.--During the 120-day period for public 
                comment under subparagraph (E)(i), and as soon as 
                practicable, the Working Group, in coordination with 
                relevant Federal entities, shall perform targeted 
                outreach to all segments of the population that might 
                be impacted by the criteria and metrics under 
                subparagraph (A) and the guiding principles and 
                recommendations under subparagraph (B) in order to 
                inform such persons about the draft report and ways to 
                provide meaningful input on the finalization of the 
                report.
                    (G) Final report.--Once public input has been 
                sufficiently taken into account, and not later than 1 
                year after publication of the draft report under 
                subparagraph (D), the Working Group shall--
                            (i) publish a final report containing the 
                        criteria and metrics under subparagraph (A) and 
                        the guiding principles and recommendations 
                        under subparagraph (B), including in a 
                        downloadable report made available on an easily 
                        accessible public website; and
                            (ii) deliver such final report to the 
                        Committee on Energy and Commerce of the House 
                        of Representatives, the Committee on 
                        Environment and Public Works of the Senate, and 
                        the President.
    (d) Federal Experts.--In carrying out this Act, the Working Group 
may call upon experts at Federal agencies and White House offices to 
provide testimony and advice.
    (e) Meetings.--The Working Group shall meet not less than annually 
to review and provide guidance on Federal goals and initiatives for the 
Nation's just and equitable transition towards a clean, climate-
resilient, zero-emission economy, including to review and modify as 
necessary any of the criteria and metrics established pursuant to 
subsection (c)(2)(A), or the guiding principles and recommendations 
established pursuant to subsection (c)(2)(B).
    (f) Compensation and Expenses.--Any nonfederally employed member of 
the Working Group, when attending meetings of the Working Group or when 
otherwise engaged in the business of the Working Group, shall receive--
            (1) compensation at a rate fixed by the Secretary, not 
        exceeding the daily equivalent of the current rate of basic pay 
        in effect for GS-15 of the General Schedule under section 5332 
        of title 5, United States Code, including travel time; and
            (2) travel or transportation expenses under section 5703 of 
        title 5, United States Code.
    (g) Applicability of Federal Advisory Committee Act.--
            (1) In general.--Subject to paragraph (2), the Federal 
        Advisory Committee Act (5 U.S.C. App.) shall apply to the 
        Working Group.
            (2) Termination.--The termination requirements under 
        section 14 of the Federal Advisory Committee Act (5 U.S.C. 
        App.) shall not apply to the Working Group.
    (h) Definitions.--In this section:
            (1) The term ``frontline community-based organization'' 
        means a local nonprofit advocacy organization that represents 
        frontline communities that are most vulnerable to the impacts 
        of climate change or burdened by environmental pollution.
            (2) The term ``Working Group'' means the Climate Justice 
        Working Group established pursuant to subsection (a).

SEC. 3. IMPLEMENTATION BY FEDERAL AGENCIES OF CRITERIA, METRICS, 
              GUIDING PRINCIPLES, AND RECOMMENDATIONS.

    No later than 90 days after the completion of the final report 
under section 2(c)(2)(G), the President shall--
            (1) direct all relevant Federal agencies, White House 
        offices, Federal interagency councils, and other relevant 
        Federal entities--
                    (A) to incorporate the criteria and metrics under 
                subsection (c)(2)(A) to identify climate-burdened 
                communities, including for the purpose of informing any 
                relevant initiatives to geographically map the location 
                of disadvantaged or vulnerable communities, including 
                the Environmental Protection Agency's EJScreen tool; 
                and
                    (B) to incorporate the guiding principles and 
                recommendations under section 2(c)(2)(B) into plans, 
                strategies, and programs to the maximum extent 
                possible, including for the purpose of prioritizing 
                investment and directing programmatic resources towards 
                climate-burdened communities, including through the 
                Justice40 Initiative; and
            (2) issue to the Committee on Energy and Commerce of the 
        House of Representatives and the Committee on Environment and 
        Public Works of the Senate, and make available to the public, a 
        report specifying--
                    (A) the steps taken to comply with paragraphs (1) 
                and (2); and
                    (B) how the Climate Justice Working Group will 
                continue to be utilized and involved in upcoming 
                Federal planning and initiatives related to supporting 
                a just and equitable transition towards a clean, 
                climate-resilient, zero-emission economy.
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