[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5842 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 5842

 To authorize the Administrator of the Environmental Protection Agency 
 to award grants to entities to enable such entities to participate in 
   decisions impacting the health and safety of their communities in 
connection with the release of certain hazardous air pollutants and the 
   permitting of solid waste disposal facilities and hazardous waste 
                  facilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 2020

 Mr. Kennedy (for himself, Ms. Barragan, and Mr. Ruiz) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To authorize the Administrator of the Environmental Protection Agency 
 to award grants to entities to enable such entities to participate in 
   decisions impacting the health and safety of their communities in 
connection with the release of certain hazardous air pollutants and the 
   permitting of solid waste disposal facilities and hazardous waste 
                  facilities, 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 ``Voices for Environmental Justice 
Act''.

SEC. 2. ENVIRONMENTAL JUSTICE COMMUNITY TECHNICAL ASSISTANCE GRANTS.

    Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is amended 
by adding at the end the following new section:

``SEC. 330. ENVIRONMENTAL JUSTICE COMMUNITY TECHNICAL ASSISTANCE 
              GRANTS.

    ``(a) In General.--The Administrator may award grants to eligible 
entities to enable such entities to participate in decisions impacting 
the health and safety of their communities in connection with an actual 
or potential release of a covered hazardous air pollutant.
    ``(b) Timing.--
            ``(1) Guidance.--Not later than 12 months after the date of 
        enactment of this section, the Administrator shall publish 
        guidance describing the process for eligible entities to apply 
        for a grant under this section, including the required content 
        and form of applications, the manner in which applications must 
        be submitted, and any applicable deadlines.
            ``(2) First grant.--Not later than 180 days after the 
        issuance of guidance under paragraph (1), the Administrator 
        shall award the first grant under this section.
    ``(c) Eligible Entity.--To be eligible for a grant under this 
section, an applicant shall be a group of individuals who reside in a 
community that--
            ``(1) is a population of color, a community of color, an 
        indigenous community, or a low-income community; and
            ``(2) is in close proximity to the site of an actual or 
        potential release of a covered hazardous air pollutant.
    ``(d) Use of Funds.--An eligible entity receiving a grant under 
this section shall use the grant to participate in decisions impacting 
the health and safety of the community involved in connection with an 
actual or potential release of a covered hazardous air pollutant, 
including--
            ``(1) interpreting information with regard to the nature of 
        the hazard, cumulative impacts studies, health impacts studies, 
        remedial investigation and feasibility studies, agency 
        decisions, remedial design, and operation and maintenance of 
        necessary monitors; and
            ``(2) performing additional air pollution monitoring.
    ``(e) Limitations on Amount; Renewal.--
            ``(1) Amount.--
                    ``(A) In general.--The amount of a grant under this 
                section (excluding any renewals of the grant) may not 
                exceed $50,000 for any grant recipient.
                    ``(B) Exception.--The Administrator may waive the 
                limitation in subparagraph (A) with respect to an 
                applicant in any case where the Administrator 
                determines that such waiver is necessary for the 
                community involved to obtain the necessary technical 
                assistance.
            ``(2) Renewal.--Grants may be renewed for each step in the 
        regulatory, removal, or remediation process in connection with 
        a facility with the potential to release a covered hazardous 
        air pollutant.
    ``(f) Definitions.--In this section:
            ``(1) The term `community of color' means any 
        geographically distinct area the population of color of which 
        is higher than the average population of color of the State in 
        which the community is located.
            ``(2) The term `covered hazardous air pollutant' means a 
        hazardous air pollutant (as defined in section 112 of the Clean 
        Air Act) that--
                    ``(A) is listed on the toxics release inventory 
                under section 313(c) of the Emergency Planning and 
                Community Right-To-Know Act of 1986; or
                    ``(B) is identified as carcinogenic by an 
                assessment under the Integrated Risk Information System 
                (IRIS) of the Environmental Protection Agency.
            ``(3) The term `indigenous community' means--
                    ``(A) a federally recognized Indian Tribe;
                    ``(B) a State-recognized Indian Tribe;
                    ``(C) an Alaska Native or Native Hawaiian community 
                or organization; and
                    ``(D) any other community of indigenous people, 
                including communities in other countries.
            ``(4) The term `low income' means 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) The term `population of color' means a population of 
        individuals who identify as--
                    ``(A) Black;
                    ``(B) African American;
                    ``(C) Asian;
                    ``(D) Pacific Islander;
                    ``(E) another non-White race;
                    ``(F) Hispanic;
                    ``(G) Latino; or
                    ``(H) linguistically isolated.''.

SEC. 3. ENVIRONMENTAL JUSTICE COMMUNITY SOLID WASTE DISPOSAL TECHNICAL 
              ASSISTANCE GRANTS.

    (a) Grants.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 
6941 et seq.) is amended by adding at the end the following new 
section:

``SEC. 4011. ENVIRONMENTAL JUSTICE COMMUNITY TECHNICAL ASSISTANCE 
              GRANTS.

    ``(a) In General.--The Administrator may award grants to eligible 
entities to enable such entities to participate in decisions impacting 
the health and safety of their communities relating to the permitting 
or permit renewal of a solid waste disposal facility or hazardous waste 
facility.
    ``(b) Timing.--
            ``(1) Guidance.--Not later than 12 months after the date of 
        enactment of this section, the Administrator shall publish 
        guidance describing the process for eligible entities to apply 
        for a grant under this section, including the required content 
        and form of applications, the manner in which applications must 
        be submitted, and any applicable deadlines.
            ``(2) First grant.--Not later than 180 days after the 
        issuance of guidance under paragraph (1), the Administrator 
        shall award the first grant under this section.
    ``(c) Eligible Entity.--To be eligible for a grant under this 
section, an applicant shall be a group of individuals who reside in a 
community that--
            ``(1) is a population of color, a community of color, an 
        indigenous community, or a low-income community; and
            ``(2) is in close proximity to a facility described in 
        subsection (a) for which a decision relating to a permit or 
        permit renewal for such facility is required.
    ``(d) Use of Funds.--An eligible entity receiving a grant under 
this section shall use the grant to participate in decisions impacting 
the health and safety of the community involved that are related to the 
permitting or permit renewal of a solid waste disposal facility or 
hazardous waste facility, including--
            ``(1) interpreting information with regard to--
                    ``(A) cumulative impacts studies;
                    ``(B) health impacts studies;
                    ``(C) relevant agency decisions; and
                    ``(D) operation and maintenance of necessary 
                monitors; and
            ``(2) performing environmental monitoring.
    ``(e) Limitations on Amount; Renewal.--
            ``(1) Amount.--
                    ``(A) In general.--The amount of a grant under this 
                section (excluding any renewals of the grant) may not 
                exceed $50,000 for any grant recipient.
                    ``(B) Exception.--The Administrator may waive the 
                limitation in subparagraph (A) with respect to an 
                applicant in any case where the Administrator 
                determines that such waiver is necessary for the 
                community involved to obtain the necessary technical 
                assistance.
            ``(2) Renewal.--Grants may be renewed for each step in the 
        process for the permitting or permit renewal of a solid waste 
        disposal facility or hazardous waste facility.
    ``(f) Definitions.--In this section:
            ``(1) The term `community of color' means any 
        geographically distinct area the population of color of which 
        is higher than the average population of color of the State in 
        which the community is located.
            ``(2) The term `indigenous community' means--
                    ``(A) a federally recognized Indian Tribe;
                    ``(B) a State-recognized Indian Tribe;
                    ``(C) an Alaska Native or Native Hawaiian community 
                or organization; and
                    ``(D) any other community of indigenous people, 
                including communities in other countries.
            ``(3) The term `low income' means 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.
            ``(4) The term `population of color' means a population of 
        individuals who identify as--
                    ``(A) Black;
                    ``(B) African American;
                    ``(C) Asian;
                    ``(D) Pacific Islander;
                    ``(E) another non-White race;
                    ``(F) Hispanic;
                    ``(G) Latino; or
                    ``(H) linguistically isolated.''.
    (b) Clerical Amendment.--The table of contents for the Solid Waste 
Disposal Act is amended by adding after the item relating to section 
4010 the following:

``Sec. 4011. Environmental justice community technical assistance 
                            grants.''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out section 330 of 
the Clean Air Act (as added by section 2 of this Act) and section 4011 
of the Solid Waste Disposal Act (as added by section 3 of this Act) 
$5,000,000 for each of fiscal years 2021 through 2025.
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