1.This Act may be cited as
the Environmental Justice Renewal
Act
.
2.In this Act:
(1)The
term Administrator means the Administrator of the Environmental
Protection Agency.
(2)The term Advisory Council means the National
Environmental Justice Advisory Council established by the Administrator under
section 9(a).
(3)The
term clearinghouse means the Environmental Justice Clearinghouse
developed by the Administrator under section 10(a).
(4)The
term Director means the Director of the National Institute of
Environmental Health Sciences.
(5)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 (including
regulations) to ensure that—
(A)minority and
low-income populations have access to public information relating to human
health and environmental planning, regulations, and enforcement; and
(B)no minority or
low-income population shall be exposed to a disproportionate burden of the
negative human health and environmental impacts of pollution or other
environmental hazards.
(6)Environmental
justice communityThe term environmental justice
community means a community with significant representation of racial or
ethnic minorities or low-income populations that experiences, or is at risk of
experiencing, a significant or disproportionate burden of environmental
stressors, risks, adverse human health effects, or environmental
effects.
(7)The term fair treatment means the conduct
of policies and practices to ensure that no group of individuals (including
racial, ethnic, or socioeconomic groups) experiences a disproportionate burden
of high and adverse human health or environmental effects resulting from any
program, activity, or policy of a Federal agency.
(8)The term Indian tribe has the meaning given
the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b).
(9)The
term State means—
(A)a State;
(B)a territory or
possession of the United States; and
(C)a tribal
government.
(10)The term tribal government means the
governing body of an Indian tribe.
(11)The term Working Group means the Interagency
Working Group on Environmental Justice established by the Administrator under
section 3(a).
3.Interagency
Working Group on Environmental Justice
(a)Not
later than 30 days after the date of enactment of this Act, the Administrator
shall establish a working group to be known as the Interagency Working
Group on Environmental Justice
.
(b)The
purposes of the Working Group are—
(1)to provide
guidance to Federal agencies on the development of the guidance document under
subsection (f)(1) for identifying disproportionately high and adverse human
health or environmental effects on—
(A)minority
populations; and
(B)low-income
populations;
(2)to coordinate
with, provide guidance to, and serve as a clearinghouse for, each Federal
agency during the development by each Federal agency of an environmental
justice strategy;
(3)to ensure that
the administration, interpretation, and enforcement of each applicable program,
activity, and policy of each Federal agency is undertaken in a manner that
minimizes or eliminates disproportionately high and adverse human health or
environmental effects on racial minority, ethnic minority, or low-income
populations;
(4)to assist in the
coordination of research conducted by, and stimulate cooperation among—
(A)the
Agency;
(B)the Department of
Health and Human Services;
(C)the Department of
Housing and Urban Development;
(D)the Department of
Transportation; and
(E)any other Federal
agency that conducts research or any other activity relating to the study of
human health and environmental research and analysis;
(5)to assist in the
coordination of data collection activities conducted by each Federal agency
described in paragraph (4);
(6)to examine each
study and available data with respect to issues relating to environmental
justice in existence as of the date of enactment of this Act;
(7)to hold public
meetings to conduct fact-finding, receive public comments, and conduct
inquiries concerning issues relating to environmental justice, the summaries of
the comments and recommendations from which shall be made available to the
public;
(8)to develop
interagency model projects on issues relating to environmental justice that
evidence cooperation among Federal agencies;
(9)to engage in
regular consultation with the Advisory Council, but not less than once per
year;
(10)to assess and
review the activities of the Federal Government (including any policy or
program of the Federal Government in existence as of the date of enactment of
this Act) to minimize and eliminate disproportionately high and adverse human
health or environmental effects on racial minority, ethnic minority, or
low-income populations; and
(11)to seek advice
from community-based organizations and academic experts who are engaged in
environmental justice research and other activities.
(c)The
Working Group shall be composed of—
(1)the Administrator
(or a designee);
(2)the Secretary of
Defense (or a designee);
(3)the Secretary of
Health and Human Services (or a designee);
(4)the Secretary of
Housing and Urban Development (or a designee);
(5)the Secretary of
Labor (or a designee);
(6)the Secretary of
Agriculture (or a designee);
(7)the Secretary of
Transportation (or a designee);
(8)the Attorney
General (or a designee);
(9)the Secretary of
the Interior (or a designee);
(10)the Secretary of
Commerce (or a designee);
(11)the Secretary of
Energy (or a designee);
(12)the Secretary of
Homeland Security (or a designee);
(13)the Director of
the Office of Management and Budget (or a designee);
(14)the Director of
the Office of Science and Technology Policy (or a designee);
(15)the Deputy
Assistant to the President for Environmental Policy (or a designee);
(16)the Assistant to
the President for Domestic Policy (or a designee);
(17)the Director of
the National Economic Council (or a designee);
(18)the Chairman of
the Council of Economic Advisers (or a designee); and
(19)any other
official of the Federal Government that the President may designate.
(d)The
President (or a designee) shall serve as the Chairperson of the Working
Group.
(e)The Working Group shall report to the President
through—
(1)the Deputy
Assistant to the President for Environmental Policy; or
(2)the Assistant to
the President for Domestic Policy.
(f)Uniform
consideration guidance document
(1)To ensure that there is a common level of understanding
of terminology used in dealing with environmental justice issues, not later
than 1 year after the date of enactment of this Act, the Working Group shall
develop and publish in the Federal Register a guidance document that outlines
the ways in which the following considerations will be taken into account in
defining communities as environmental justice communities:
(A)A
disproportionate burden of adverse human health or environmental impacts, or
the potential for those impacts.
(B)Aggregation of
risk.
(C)Cumulative
sources of risk.
(D)Additional
elements in the community that indicate vulnerability, such as a high incidence
of disease and lower income levels.
(E)The capacity of
communities to address environmental concerns.
(2)For a period of not less than 30 days, the Working Group
shall seek public comment on the guidance document developed under paragraph
(1).
(3)Not
later than 90 days after the date of publication of the guidance document under
paragraph (1), the head of each Federal agency participating in the Working
Group shall document the ways in which the Federal agency will incorporate
guidance from the document into the environmental justice strategy of the
Federal agency.
(g)Development of
interagency Federal environmental justice strategy
(1)Not later than 1 year after the date on which the
environmental justice strategies of the Federal agencies are finalized under
section 4(b)(3)(A)(i), after notice and opportunity for public comment, the
Working Group shall develop and promulgate a coordinated interagency Federal
environmental justice strategy.
(2)In
carrying out paragraph (1), the Working Group shall consider each environmental
justice strategy developed by each Federal agency under section
4(b)(3)(A)(i).
(h)
(1)Not later than 180 days after the date described in
subsection (g)(1), the Working Group shall, through the Chairman of the Council
on Environmental Quality and the Assistant to the President for Domestic
Policy, submit to the President a report that contains—
(A)a description of
the implementation of the interagency Federal environmental justice strategy;
and
(B)a copy of the
finalized environmental justice strategy of each Federal agency.
(2)The head of each Federal agency shall make the
report described in paragraph (1) available to the public (including by posting
a copy of the report on the website of each Federal agency).
4.Responsibilities
of Federal agencies
(a)Each Federal agency shall conduct each program, policy
and activity of the Federal agency that adversely affects or has the potential
to affect human health or the environment in a manner that ensures that each
program, policy, and activity does not have an effect of excluding any
individual from participating in, denying any individual the benefits of, or
subjecting any individuals to discrimination or disparate impact under any
program, policy, or activity of the Federal agency because of the race, color,
national origin, or income level of the individual.
(b)Federal agency
environmental justice strategies
(1)Each
Federal agency that participates in the Working Group shall develop an
agency-wide environmental justice strategy that—
(A)identifies and
addresses any disproportionately high or adverse human health or environmental
effects of each program, policy, and activity of the Federal agency on—
(i)minority
populations; and
(ii)low-income
populations; and
(B)complies with
each requirement described in paragraph (2).
(2)Each
environmental justice strategy developed by a Federal agency under paragraph
(1) shall contain—
(A)an assessment
that identifies each program, policy, planning and public participation
process, enforcement activity, and rulemaking procedure relating to human
health or the environment that the Federal agency determines should be
revised—
(i)to
ensure the enforcement by the Federal agency of each health or environmental
statute relating to—
(I)minority
populations; and
(II)low-income
populations;
(ii)to
ensure greater and more meaningful public participation;
(iii)to improve the
conduct by the Federal agency of research and data collection activities
relating to the health and environment of—
(I)minority
populations; and
(II)low-income
populations;
(iv)to
facilitate the identification of differential development patterns and access
to natural resources among—
(I)minority
populations; and
(II)low-income
populations;
(v)to
integrate environmental justice into the activities of the Federal agency;
and
(vi)to
ensure that the Federal agency undertakes activities to reduce or eliminate
disproportionately high and adverse human health or environmental effects on
racial minority, ethnic minority, and low-income populations; and
(B)a timetable for
the completion of—
(i)each revision
identified under subparagraph (A); and
(ii)an
assessment of the economic and social implications of each revision identified
under subparagraph (A).
(3)Finalization;
implementation
(A)Finalization of
agency-wide environmental justice strategy
(i)Not later than 1 year after the date of enactment of this
Act, after notice and opportunity for public comment, each Federal agency shall
finalize the environmental justice strategy of the Federal agency.
(ii)Identification
of projectsDuring the period described in clause (i), as part of
the environmental justice strategy finalized under that clause, each Federal
agency shall—
(I)identify each
project that could be promptly carried out by the Federal agency to address any
revision identified under paragraph (2); and
(II)develop a
schedule for carrying out each project identified by the Federal agency under
subclause (I).
(iii)Coordination
of activitiesIn carrying out clause (ii), each Federal agency
shall coordinate the activities of the Federal agency with the Working Group to
minimize the duplication of, and maximize the effectiveness of, the activities
of each Federal agency.
(iv)
(I)Not later than 2 years after the date of enactment of
this Act, and annually thereafter, each Federal agency shall submit to the
Working Group a report describing the progress of the Federal agency in
implementing the environmental justice strategy of the Federal agency.
(II)In addition to the annual reports described in subclause
(I), upon the receipt of a request from the Working Group, a Federal agency
shall submit to the Working Group a report that contains such information as
the Working Group may require.
(B)Revision of
agency-wide environmental justice strategyNot later than 5 years
after the date of enactment of this Act, each Federal agency shall—
(i)evaluate the
environmental justice strategy of the Federal agency; and
(ii)submit to the
Working Group a copy of the revised version of the environmental justice
strategy of the Federal agency.
(4)
(A)The head of a Federal agency may submit to the President
a petition for an exemption of any requirement described in this section with
respect to any program or activity of the Federal agency.
(B)Each petition submitted by a Federal agency to the
President under subparagraph (A) shall be made available to the public
(including through a description of the petition on the website of the Federal
agency).
(C)In
determining whether to grant a petition for an exemption submitted by a Federal
agency to the President under subparagraph (A), the President shall consider
whether the granting of the petition would likely—
(i)result in
disproportionately high and adverse human health or environmental effects on
racial minority, ethnic minority, or low-income populations; or
(ii)exacerbate any
disproportionately high and adverse human health or environmental effect on any
racial minority, ethnic minority, or low-income population.
(D)
(i)Not later than 90 days after the date on which the
President approves a petition under this paragraph, an individual may appeal
the decision of the President to approve the petition.
(ii)
(I)To appeal a decision of the President under clause (i),
an individual shall submit a written appeal to—
- (aa)the
Deputy Assistant to the President for Environmental Policy; or
- (bb)the
Assistant to the President for Domestic Policy.
(II)A
written appeal shall contain a description of each reason why the exemption
that is the subject of the petition is unnecessary.
(iii)Not later than 90 days after the date on which an
official described in clause (ii)(I) receives a written appeal submitted by an
individual under that clause, the President shall provide to the individual a
written notification describing the decision of the President with respect to
the appeal.
5.
(a)The Administrator shall establish within
the Environmental Protection Agency a position of Environmental Justice
Ombudsman to receive, review, and process complaints and allegations with
respect to environmental justice programs and activities of the Environmental
Protection Agency.
(b)The Environmental Justice Ombudsman
shall—
(1)report directly to the Administrator;
and
(2)not be required
to report to the Office of Environmental Justice.
(c)
(1)Authority of
Environmental Justice OmbudsmanThe Administrator shall allow the
Environmental Justice Ombudsman to hire such staff as the Environmental Justice
Ombudsman determines to be necessary to carry out at each regional office of
the Environmental Protection Agency the responsibilities of the Environmental
Justice Ombudsman described in subsection (a).
(2)Each individual hired by the Environmental Justice
Ombudsman under paragraph (1) shall be hired as a full-time employee of the
Environmental Protection Agency.
6.Training of
employees of Federal agencies
(a)Initial period
of trainingNot later than 1 year after the date of enactment of
this Act, the Administrator shall offer to each employee of the Environmental
Protection Agency an opportunity to participate in an environmental justice
training program to ensure that each employee of the Environmental Protection
Agency—
(1)has received
training in environmental justice; and
(2)is capable
of—
(A)appropriately
incorporating environmental justice concepts into the daily activities of the
employee;
(B)addressing the
needs of environmental justice communities; and
(C)increasing the
meaningful participation of individuals from environmental justice communities
in the activities of the Environmental Protection Agency.
(b)Effective on the date that is 1 year after the date
of enactment of this Act, each individual hired by the Environmental Protection
Agency after that date shall be required to participate in environmental
justice training.
(c)Requirement
relating to certain employees
(1)With respect to each Federal agency, not later than 30
days after the date on which an individual is appointed to the position of
environmental justice coordinator, environmental justice ombudsman, or any
other position the responsibility of which involves the conduct of
environmental justice activities, the individual shall be required to possess
documentation of the completion by the individual of environmental justice
training.
(2)If
an individual described in paragraph (1) fails to meet the requirement
described in that paragraph, the Federal agency at which the individual is
employed shall transfer the individual to a different position until the date
on which the individual completes environmental justice training.
(3)Not
later than 3 years after the date of enactment of this Act, the Inspector
General of the Environmental Protection Agency shall evaluate each training
program of the Environmental Protection Agency to determine if the
Environmental Protection Agency has improved the rate of training of the
employees of the Environmental Protection Agency to ensure that each employee
has received environmental justice training.
7.
(a)
(1)The Administrator shall establish a program
under which the Administrator shall provide grants to eligible entities to
assist the eligible entities in—
(A)building capacity to address issues
relating to environmental justice; and
(B)carrying out any activity described in
paragraph (4).
(2)To
be eligible to receive a small grant under paragraph (1), an eligible entity
shall be a nonprofit, community-based organization that conducts activities to
reduce the disproportionate health impacts of environmental pollution in the
environmental justice community at which the eligible organization proposes to
conduct an activity that is the subject of the application described in
paragraph (3).
(3)To
be eligible to receive a small grant under paragraph (1), an eligible entity
shall submit to the Administrator an application at such time, in such manner,
and containing such information as the Administrator may require,
including—
(A)an outline
describing the means by which the project proposed by the eligible entity
will—
(i)with respect to
environmental and public health issues at the local level, increase the
understanding of the community at which the eligible entity will conduct the
project;
(ii)improve the
ability of the community to address each issue described in clause (i);
and
(iii)facilitate
collaboration and cooperation among various stakeholders (including members of
the community);
(B)a proposed budget
for each activity of the project that is the subject of the application;
(C)a list of
proposed outcomes with respect to the proposed project;
(D)a description of
the ways by which the eligible entity may leverage the funds of the eligible
entity, or the funds made available through a small grant under this
subsection, to develop a project that is capable of being sustained beyond the
period of the small grant; and
(E)a description of
the ways by which the eligible entity is linked to, and representative of, the
community at which the eligible entity will conduct the project.
(4)An eligible entity that
receives funds through a small grant under paragraph (1) shall use the funds to
carry out culturally and linguistically appropriate activities that are
tailored to the needs of the community to address environmental justice
concerns and improve the health or environment of the community, including
activities—
(A)to create or develop collaborative
partnerships;
(B)to educate and provide outreach services to
the community at which the eligible entity proposes to conduct the
project;
(C)to identify, and
implement projects to address, environmental or public health concerns;
or
(D)to develop a
comprehensive understanding of environmental or public health issues.
(5)
(A)Not later than 1 year after the date of enactment of this
Act, and annually thereafter, the Administrator shall submit to the appropriate
committees of Congress a report describing the ways by which the grant program
has helped community-based nonprofit organizations address issues relating to
environmental justice.
(B)The Administrator shall make the report required
under subparagraph (A) available to the public (including by posting a copy of
the report on the website of the Environmental Protection Agency).
(6)Authorization
of appropriationsThere is authorized to be appropriated to carry
out this subsection $5,000,000 for each of fiscal years 2009 through
2013.
(b)Collaborative
grant program
(1)The
Administrator shall establish a program under which the Administrator shall
provide not more than 20 collaborative grants to eligible entities that
propose, through an application submitted by each eligible entity, to address
local environmental or public health issues through the use of the
environmental justice collaborative problem-solving model established by the
Environmental Protection Agency.
(2)
(A)Subject to subparagraph (B), to be eligible to receive a
collaborative grant under paragraph (1), an eligible entity shall be a
nonprofit, community-based organization that conducts activities to reduce the
disproportionate health impacts of environmental pollution in the community in
which the eligible organization is located.
(B)The
Administrator shall select not more than 2 grantees from each region of the
United States, as determined by the Administrator.
(3)To
be eligible to receive a collaborative grant under paragraph (1), an eligible
entity shall submit to the Administrator an application at such time, in such
manner, and containing such information as the Administrator may require,
including a description of—
(A)the means by
which—
(i)the
eligible entity will use the environmental justice collaborative
problem-solving model; and
(ii)the activities
of the eligible entity will incorporate relevant statutes;
(B)the ways by which
the eligible entity is linked to, and representative of, the community at which
the eligible entity will conduct the activities proposed by the eligible
entity; and
(C)the activities
that the eligible entity shall undertake to reduce or eliminate
disproportionately high and adverse human health or environmental effects on
the community in which the eligible entity is based.
(4)
(A)Collaborative
problem-solving activitiesAn eligible entity that receives funds
through a collaborative grant under paragraph (1) shall use the funds to carry
out collaborative problem-solving activities—
(i)to
address environmental justice concerns and improve the health or environment of
the community; and
(ii)through the use
of not less than 2 statutes described in subparagraph (B).
(B)In carrying out an activity described in subparagraph
(A), an eligible entity may use any appropriate statute, including—
(i)the
Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.);
(ii)the Safe
Drinking Water Act (42 U.S.C. 300f et seq.);
(iii)the
Solid Waste Disposal Act (42 U.S.C.
6901 et seq.);
(iv)the
Clean Air Act (42 U.S.C. 7401 et
seq.);
(v)the
Toxic Substances Control Act (15
U.S.C. 2601 et seq.);
(vi)the
Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136 et seq.);
(vii)the Marine
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et
seq.);
(viii)the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.);
(ix)the
Solid Waste Disposal Act (42 U.S.C.
6901 et seq.);
(x)the
Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et
seq.);
(xi)Federal
pollution prevention statutes;
(xii)the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
(xiii)any other
statute relating to—
(I)the use of tribal
land, territories, or artifacts; or
(II)environmental
justice (including the Civil Rights Act of 1964 (42 U.S.C. 2000a et
seq.)).
(5)
(A)Not later than 1 year after the date of enactment of this
Act, and annually thereafter, the Administrator shall submit to the appropriate
committees of Congress a report describing—
(i)the
implementation of the collaborative grant program established under paragraph
(1); and
(ii)the impact of
the collaborative grant program in addressing environmental justice concerns in
communities.
(B)The Administrator shall make the report required
under subparagraph (A) available to the public (including by posting a copy of
the report on the website of the Environmental Protection Agency).
(6)Authorization
of appropriationsThere is authorized to be appropriated to carry
out this subsection $5,000,000 for each of fiscal years 2009 through
2013.
(c)Interagency
cooperative agreement program
(1)The
Administrator, in cooperation with appropriate Federal agencies, shall
establish a program under which the Administrator shall enter into not more
than 20 cooperative agreements with eligible entities to carry out interagency
activities that address issues relating to environmental justice in
communities.
(2)
(A)To be eligible to enter into a cooperative agreement
with the Administrator under paragraph (1), an eligible entity shall be a
partnership comprised of 2 or more entities described in subparagraph
(B).
(B)A partnership described in subparagraph (A) may be
comprised of 1 or more—
(i)Federal
agencies;
(ii)State or local
governmental agencies;
(iii)community-based
organizations that conduct activities relating to environmental justice
issues;
(iv)representatives
of accredited institutions of higher education;
(v)local businesses
and representatives of the private sector; and
(vi)appropriate
entities, as determined by the Administrator.
(3)An eligible entity that receives funds through a
cooperative agreement under paragraph (1) shall use the funds to carry out any
activity that the Administrator determines would advance the objectives of the
environmental justice strategy developed by the Working Group under section
3(g)(1).
(4)
(A)Not later than 2 years after the date of enactment of
this Act, and every 2 years thereafter, the Administrator shall submit to the
appropriate committees of Congress a report describing—
(i)the
implementation of the cooperative agreement program established under paragraph
(1); and
(ii)the impact of
the cooperative agreement program on addressing issues relating to
environmental justice in communities.
(B)The Administrator shall make the report required
under subparagraph (A) available to the public (including by posting a copy of
the report on the website of the Environmental Protection Agency).
(5)Authorization
of appropriationsThere is authorized to be appropriated to carry
out this subsection $5,000,000 for each of fiscal years 2009 through
2013.
(d)
(1)The
Administrator shall establish a program under which the Administrator shall
provide grants to States to enable the States—
(A)to establish
culturally and linguistically appropriate protocols, activities, and mechanisms
for addressing issues relating to environmental justice; and
(B)to carry out
culturally and linguistically appropriate activities to reduce or eliminate
disproportionately high and adverse human health or environmental effects on
environmental justice communities in the State.
(2)
(A)To
be eligible to receive a grant under paragraph (1), a State shall submit to the
Administrator an application at such time, in such manner, and containing such
information as the Administrator may require, including—
(i)a
plan that contains a description of the means by which the funds provided
through a grant under paragraph (1) will be used to address issues relating to
environmental justice at the State level; and
(ii)assurances that
the funds provided through a grant under paragraph (1) will be used only to
supplement the amount of funds that the State allocates for initiatives
relating to environmental justice.
(B)Ability to
continue programTo be eligible to receive a grant under
paragraph (1), a State shall demonstrate to the Administrator that the State
has the ability to continue each program that is the subject of funds provided
through a grant under paragraph (1) after the date of receipt of the
funds.
(3)
(A)Not later than 1 year after the date of enactment of this
Act, and annually thereafter, the Administrator shall submit to the appropriate
committees of Congress a report describing—
(i)the
implementation of the grant program established under paragraph (1);
(ii)the impact of
the grant program on improving the ability of each participating State to
address environmental justice issues; and
(iii)the activities
carried out by each State to reduce or eliminate disproportionately high and
adverse human health or environmental effects on environmental justice
communities in the State.
(B)The Administrator shall make the report required
under subparagraph (A) available to the public (including by posting a copy of
the report on the website of the Environmental Protection Agency).
(4)Authorization
of appropriationsThere is authorized to be appropriated to carry
out this subsection $2,500,000 for each of fiscal years 2009 through
2013.
(e)Community-based
participatory research grant program
(1)The
Administrator, in consultation with the Director, shall establish a program
under which the Administrator shall provide not more than 25 multiyear grants
to eligible entities to carry out community-based participatory
research—
(A)to address issues
relating to environmental justice;
(B)to improve the
environment of residents of environmental justice communities; and
(C)to improve the
health outcomes of residents of environmental justice communities.
(2)To
be eligible to receive a multiyear grant under paragraph (1), an eligible
entity shall be a partnership comprised of—
(A)an accredited
institution of higher education; and
(B)a community-based
organization.
(3)To
be eligible to receive a multiyear grant under paragraph (1), an eligible
entity shall submit to the Administrator an application at such time, in such
manner, and containing such information as the Administrator may require,
including—
(A)a detailed
description of the partnership of the eligible entity that, as determined by
the Administrator, demonstrates the participation of members of the community
at which the eligible entity proposes to conduct the research; and
(B)a description
of—
(i)the
project proposed by the eligible entity; and
(ii)the ways by
which the project will—
(I)address issues
relating to environmental justice;
(II)assist in the
improvement of health outcomes of residents of environmental justice
communities; and
(III)assist in the
improvement of the environment of residents of environmental justice
communities.
(4)Authorization
of appropriationsThere is authorized to be appropriated to carry
out this subsection $5,000,000 for each of fiscal years 2009 through
2013.
8.Environmental
justice basic training program
(a)The
Administrator shall establish a basic training program to increase the capacity
of residents of environmental justice communities to identify and address
disproportionately high and adverse human health or environmental effects by
providing culturally and linguistically appropriate—
(1)training relating
to—
(A)basic and
advanced techniques for the detection, assessment, and evaluation of the
effects of hazardous substances on human health;
(B)methods to assess
the risks to human health presented by hazardous substances;
(C)methods and
technologies to detect hazardous substances in the environment; and
(D)basic biological,
chemical, and physical methods to reduce the quantity and toxicity of hazardous
substances; and
(2)short courses and
continuation education programs for residents of communities who are located in
close proximity to hazardous substances to provide—
(A)education
relating to—
(i)the
proper manner to handle hazardous substances;
(ii)the management
of facilities at which hazardous substances are located (including facility
compliance protocols); and
(iii)the evaluation
of the hazards that facilities described in clause (ii) pose to human health;
and
(B)training on
environmental and occupational health and safety with respect to the public
health and engineering aspects of hazardous waste control.
(b)
(1)In
carrying out the training program, the Administrator may provide grants to, or
enter into any contract or cooperative agreement with, an eligible entity to
carry out any training or educational activity described in subsection
(a).
(2)To be eligible to receive assistance under paragraph (1),
an eligible entity shall be an accredited institution of education in
partnership with—
(A)a community-based
organization that carries out activities relating to environmental
justice;
(B)a generator of
hazardous waste;
(C)any individual
who is involved in the detection, assessment, evaluation, or treatment of
environmental waste;
(D)any owner or
operator of a facility at which hazardous substances are located; or
(E)any State or
local government.
(c)
(1)Not later than 270 days after the date of enactment of
this Act, the Administrator, in consultation with the Director, shall develop
and publish in the Federal Register a plan to carry out the basic training
program described in subsection (a).
(2)The
plan described in paragraph (1) shall contain—
(A)a list that
describes the relative priority of each activity described in subsection (a);
and
(B)a description of
research and training relevant to environmental justice issues of communities
adversely affected by pollution.
(3)Coordination
with Federal agenciesThe Administrator shall, to the maximum
extent practicable, take appropriate steps to coordinate the activities of the
training program described in the plan with the activities of other Federal
agencies to avoid any duplication of effort.
(d)
(1)Not later than 2 years after the date of enactment of
this Act, and every 2 years thereafter, the Administrator shall submit to the
appropriate committees of Congress a report describing—
(A)the
implementation of the training program established under subsection (a);
and
(B)the impact of the
training program on improving training opportunities for residents of
environmental justice communities.
(2)The Administrator shall make the report required
under paragraph (1) available to the public (including by posting a copy of the
report on the website of the Environmental Protection Agency).
(e)Authorization
of appropriationsThere is authorized to be appropriated to carry
out this section $3,000,000 for each of fiscal years 2009 through 2013.
9.National
Environmental Justice Advisory Council
(a)The
Administrator shall establish an advisory council to be known as the
National Environmental Justice Advisory Council
.
(b)The
Advisory Council shall be comprised of 26 members who have knowledge of, or
experience relating to, the effect of environmental conditions on racial
minority, ethnic minority, or low-income communities, including—
(1)representatives
of—
(A)community-based
organizations that carry out initiatives relating to environmental
justice;
(B)State and local
governments;
(C)Indian tribes and
other indigenous groups;
(D)nongovernmental
and environmental organizations; and
(E)private sector
organizations (including representatives of industries and businesses);
and
(2)experts in the
fields of—
(A)socioeconomic
analysis;
(B)health and
environmental effects;
(C)exposure
evaluation;
(D)environmental and
civil rights law; and
(E)environmental
health science research.
(c)Subcommittees;
workgroups
(1)The
Advisory Council may establish any subcommittee or workgroup to assist the
Advisory Council in carrying out each duty of the Advisory Council described in
subsection (d).
(2)Upon
the request of the Advisory Council, each subcommittee or workgroup established
by the Advisory Council under paragraph (1) shall submit to the Advisory
Council a report that contains—
(A)a description of
each recommendation of the subcommittee or workgroup; and
(B)any advice
requested by the Advisory Council with respect to any duty of the Advisory
Council.
(d)The
Advisory Council shall provide independent advice and recommendations to the
Administrator with respect to issues relating to environmental justice,
including advice—
(1)to help develop,
facilitate, and conduct reviews of the direction, criteria, scope, and adequacy
of the scientific research and demonstration projects of the Environmental
Protection Agency relating to environmental justice;
(2)to improve the
manner by which the Environmental Protection Agency and other entities
participate, cooperate, and communicate within the Environmental Protection
Agency and between other Federal agencies, State and local governments, Indian
tribes, environmental justice leaders, interest groups, and the public;
(3)requested by the
Administrator to help improve the response of the Environmental Protection
Agency in securing environmental justice for communities of color and
low-income citizens of the United States; and
(4)on issues
relating to—
(A)the developmental
framework of the Environmental Protection Agency with respect to the
integration by the Environmental Protection Agency of socioeconomic programs
into the strategic planning, annual planning, and management accountability of
the Environmental Protection Agency to achieve environmental justice results
throughout the Environmental Protection Agency;
(B)the measurement
and evaluation of the progress, quality, and adequacy of the Environmental
Protection Agency in planning, developing, and implementing environmental
justice strategies, projects, and programs;
(C)any existing and
future information management systems, technologies, and data collection
activities of the Environmental Protection Agency (including recommendations to
conduct analyses that support and strengthen environmental justice programs in
administrative and scientific areas);
(D)the
administration by the Administrator of grant programs relating to environmental
justice assistance; and
(E)the awareness of,
and educational, training, and other outreach activities conducted by, the
Environmental Protection Agency relating to environmental justice.
(e)
(1)
(A)Subject to subparagraph (B), the Advisory Council shall
meet biannually.
(B)Authority of
AdministratorThe Administrator may require the Advisory Council
to conduct additional meetings if the Administrator determines that the conduct
of any additional meetings are necessary.
(2)
(A)Subject to subparagraph (B), each meeting of the Advisory
Council shall be open to the public to provide the public an
opportunity—
(i)to
submit comments to the Advisory Council; and
(ii)to
appear before the Advisory Council.
(B)Authority of
AdministratorThe Administrator may close any meeting, or portion
of any meeting, to the public.
(f)The
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Advisory
Council.
(g)The Administrator may provide to any member of the
Advisory Council travel expenses, including per diem in lieu of subsistence, at
rates authorized for an employee of an agency under subchapter I of chapter 57
of title 5, United States Code, while away from the home or regular place of
business of the member in the performance of the duties of the Advisory
Council.
10.Environmental
Justice Clearinghouse
(a)Not
later than 1 year after the date of enactment of this Act, the Administrator
shall establish an internet-based clearinghouse to be known as the
Environmental Justice Clearinghouse
.
(b)The
clearinghouse shall be comprised of culturally and linguistically appropriate
materials, including—
(1)information
describing the activities conducted by the Environmental Protection Agency to
address issues relating to environmental justice;
(2)copies of
training materials provided by the Administrator to help individuals and
employees understand and carry out environmental justice activities;
(3)links to webpages
that describe environmental justice activities of other Federal
agencies;
(4)a directory of
individuals who possess technical expertise in issues relating to environmental
justice;
(5)a directory of
nonprofit and community-based organizations that address issues relating to
environmental justice at the local, State, and Federal levels (with particular
emphasis given to nonprofit and community-based organizations that possess the
capability to provide advice or technical assistance to environmental justice
communities); and
(6)any other
appropriate information, as determined by the Secretary.
(c)In
developing the clearinghouse, the Administrator shall consult with individuals
representing academic and community-based organizations who have expertise in
issues relating to environmental justice.
(d)The Advisory Council shall—
(1)conduct a review
of the clearinghouse on an annual basis; and
(2)recommend to the
Administrator any updates for the clearinghouse that the Advisory Council
determines to be necessary for the effective operation of the
clearinghouse.
11.
(a)Not later than 2
years after the date of enactment of this Act, and biennially thereafter, the
Administrator shall hold public meetings on environmental justice issues at
each regional office of the Environmental Protection Agency to gather public
input with respect to the planning of future environmental justice activities
of the Environmental Protection Agency.
(b)Required
attendance of certain employeesIn holding a public meeting under
subsection (a), the Administrator shall ensure that at least 1 employee of the
Environmental Protection Agency at the level of Assistant Administrator is
present at the meeting to serve as a representative of the Environmental
Protection Agency.
12.Supplemental
environmental projects for environmental justice communitiesThe Administrator shall ensure that all
supplemental environmental projects developed as part of a settlement relating
to violations in an environmental justice community—
(1)are developed through consultation with,
and with the meaningful participation of, individuals from the affected
environmental justice community; and
(2)result in a quantifiable improvement to the
health or well-being of individuals in the affected environmental justice
community.
13.Evaluation by
Comptroller General of the United StatesNot later than 2 years after the date of
enactment of this Act, and biennially thereafter, the Comptroller General of
the United States shall submit to the relevant committees of Congress a report
that contains an evaluation of the effectiveness of each activity carried out
in accordance with this Act, including, for the period covered by the report,
an evaluation of—
(1)the ways by which
the Working Group has developed and implemented environmental justice
strategies;
(2)the effectiveness
of each grant program carried out under this Act; and
(3)the effectiveness
of the Environmental Protection Agency in carrying out the meeting and
reporting requirements under this Act.
September 24 (legislative day, September 17),
2008
Reported without amendment