[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5842 Introduced in House (IH)]
<DOC>
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.
<all>
Voices for Environmental Justice Act
#5842 | HR Congress #116
Policy Area: Environmental Protection
Subjects: Air qualityCommunity life and organizationDue process and equal protectionEnvironmental assessment, monitoring, researchEnvironmental healthEnvironmental regulatory proceduresGovernment information and archivesHazardous wastes and toxic substancesIndian social and development programsLicensing and registrationsMinority healthPoverty and welfare assistanceRacial and ethnic relationsSolid waste and recycling
Last Action: Referred to the House Committee on Energy and Commerce. (2/11/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text