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Environmental Justice Coalition

Environmental Justice Act of 2015

Environmental Justice Act of
2015 (Introduced in Senate/House)
S./H.R.________
113th CONGRESS
2nd Session
S./H.R. ________

To establish a program to ensure nondiscriminatory compliance with environmental, health, and safety laws, to ensure equal protection of the public health and to promote economic development in
underdeveloped communities. To require Federal agencies to develop and implement policies and practices that promote environmental justice, and for
other purposes.

IN THE SENATE OF
THE UNITED STATES
January___ (legislative day,
January______), 2015
Mr./Ms________________ (for himself, Ms./Mr__________________, and
Mr./Ms.__________________________)

introduced the following bill; which was
read twice and referred to the Committee on Environment and Public Works
A BILL

To establish a program to ensure nondiscriminatory
compliance with environmental, health, and safety laws, to ensure equal protection of the public health and to promote economic development in
underdeveloped communities. To require Federal agencies to develop and implement policies and practices that promote environmental justice, and for
other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled,

SEC. 1. SHORT TITLE.

This Act may be cited as the `Environmental Justice Act of 2015'.

SEC. 2. FINDINGS.

The Congress finds that--

EPA does not have the authority to prevent the construction of a proposed polluting facility. EPA does not have the authority to approve the construction of a proposed nonpolluting facility. If subsequent to
the issuance of an operating permit the EPA were to find a civil rights violation, the EPA would have no power to stop the operation or even to provide any other form of relief to the victimized community.
EPA's only remedy against an environmental civil rights violating state is to attempt to cut off financial assistance to the violating state. EPA has never
requested a cut-off of financial assistance to a state for such a violation. Moreover, the cut off of such funds can only occur if the U.S. Congress does not object.

Courts have ruled that victims of environmental racial discrimination have no standing to privately enforce federal agency civil rights regulations.

A community may file a civil rights complaint with the EPA only after a state has already issued a permit to operate the facility being opposed.

Of the 130 environmental justice complaints filed by minority communitiesacross the nation, only four (4) have been fully investigated and EPA has ruled against all of those complainants. And even if EPA ruled in favor of such complainants for an environmental civil rights violation, the agency would be powerless to provide any relief to the complaining community.

Although environmental and health data of toxic chemical releases are not routinely collected and analyzed by income and race, racial and ethnic
minorities and lower income Americans may be disproportionately exposed to toxic chemicals in their residential and workplace environments.

Victims of civil rights discrimination may file a complaint with the EPA. (40 C.F.R. 7.120)

The EPA will accept environmental civil rights complaints but only after a State has granted an operating permit. (40 C.F.R. 7.120 (b)(2))

The EPA does not investigate whether State departments of environment are complying with
its civil rights obligation. (40 C.F.R. 7.80)

The EPA cannot provide any effective relief to a civil rights complainant under its own regulations.

The sole relief available for victims of environmental civil rights violations is through a private action against a state if the community can prove intentional discrimination. To date, no such action has been successful. [Examples]

SEC. 3. PURPOSES AND POLICIES.

The purposes of this Act are--

To provide a citizen lawsuit provision to allow potential victims of environmental race discrimination to enforce the EJA and the
regulations promulgated thereunder.

To provide a citizen endorsement provision to allow potential beneficiaries of nonpolluting economic development to enforce the EJA and the regulations promulgated thereunder.

To establish the criteria for determining potential violations and endorsements based on comparative community health statistics, comparative community pollution sources and comparative community
economic development.

To address: a) acts of discrimination, b) existing comparative community health, c) existing comparative community pollution sources, d) existing comparative economic analyses and planned economic development and e) cumulative impacts.

To direct to accept and investigate all community complaints and recommendations related to
development projects, whether filed before or after issuance of construction and operating permits.

To empower citizens, and EPA at the request of citizens, to obtain injunctions to prevent construction and operation of discriminatory polluting facilities and operations that violate the EJA regulations.

To empower citizens, and EPA at the request of citizens, to endorse the construction and operation of nondiscriminatory nonpolluting facilities and operations that do not violate EJA regulations.

To provide a definitive permitting process regarding demographics for citizens, developers, government agencies and investors.

To direct the U.S. Environmental Protection Agency (EPA) to develop EJA regulations.

To establish a new EPA Office of Health Protection
(OHP) to investigate community health statistics and to coordinate research and related activities with the following offices.

To expand the EPA Office of Environmental Justice (OEJ) to provide adequate staff and resources to investigate community pollution sources.

To direct the EPA National Center for Environmental Economics (NCEE) to investigate community economic impacts.

To establish the Office of Health Protection as the lead office for coordinating scientific research activities with OEJ and NCEE. The OHP, in consultation with OEJ and NCEE, will develop criteria for establishing disparate community impacts related to proposed
projects. These offices will provide appropriate outreach to the public, States, counties and cities to assure that they are aware of the availability of this service. EPA, through the OHP, in consultation with OEJ and NCEE, will provide timely reports to communities requesting assistance in evaluating proposed facilities.

To rename and expand EPA's current Office of Children's Health Protection to the Office of Health Protection. the OHP would provide research and policy development to protect all vulnerable populations: children, low-income and disadvantaged minority communities and aging populations. The new OHP will also coordinate the 2002 Memorandum of Understanding (MOU) between the Department of Health and Human Services (HHS) and EPA on developing a nationwide environmental health tracking network. The Office of Health Protection, in addition to collecting health statistics, will research, analyze, develop and provide to the public, requesting
communities and individuals, the latest science policy information and decisions that impact the environment and health of minority and disadvantaged communities. The OHP, in consultation with NCEE, will also establish and maintain information that provides an objective basis for assessment of health effects by income and race;

To identify those areas with the largest releases of toxic chemicals to the air, land, water, and workplace.

To identify those areas that are subject to the most severe loadings of toxic chemicals, through all media.

To require the collection of data on environmental health effects so that impacts on different individuals or groups can be understood. To assess the health
effects that may be caused by emissions in those areas of highest environmental impact;

To ensure that groups or individuals residing within High Environmental Impact Areas have the
opportunity and the resources to participate in the technical process which will determine the possible existence of adverse health impacts;

To identify those activities in high environmental impact areas found to have significant adverse impacts on human health;

To incorporate environmental equity considerations into planning and implementation of all Federal environmental programs and statutes. To require that actions be taken by authorized Federal agencies to curtail those activities found to be having significant adverse impacts on human health in those areas
of highest impact; and

To ensure that significant adverse health impacts that may be associated with environmental pollution in the United States are not distributed inequitably.

To focus Federal agency attention on the environmental and human health conditions in
minority and low-income communities;

To ensure that all Federal agencies develop practices that promote environmental justice;

To increase cooperation and coordination among Federal agencies as they seek to achieve environmental justice;

To provide minority, low-income, and Native American communities greater access to public
information and opportunity for participation in decision making affecting human health and the environment;

To mitigate the inequitable distribution of the burdens and benefits of Federal programs having significant impact on human health and the environment; and

To hold Federal agencies accountable for the effects of their projects and programs on all communities.

SEC. 4. DEFINITIONS.

For the purposes of this Act:

(1) The term 'Administrator' means the Administrator of the United States Environmental Protection Agency.
(2) The term 'Affected Area' means any area determined by EPA, pursuant to other provisions of this act, that suffers disproportionately from negative health, environmental or economic impacts.
(3) The term 'Protected Area' means any Affected Area protected by local community designation and supported by EPA analysis.
(4) The term 'Brownfield' means any previously developed and currently polluted area selected by local community designation and supported by EPA analysis that is targeted for redevelopment.
(5) The term 'Pollution Releasing Facility' (PRF) means any facility that is permitted on the following
list: Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), Resource Conservation Recovery Act (RCRA-Large), Clean Air Act, Clean Water Act, Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), Emergency Planning and Community Right-to-Know Act of
1986 or any dangerous undocumented source of pollution that is determined by the local community and confirmed by EPA. Specifically, any facility:
(A) subject to reporting requirements under the Emergency Planning and Community Right-to-Know Act of 1986;
(B) that generates, treats, stores or disposes of a hazardous waste as defined in section 3001 of the Solid Waste Disposal Act;
(C) subject to section 112 or 129 of the Clean Air Act;
(D) subject to sections 307 or 311
of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
(E) subject to the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.); or
(F) subject to the requirements concerning material safety data sheets for hazardous chemicals under the
Occupational and Safety and Health Act of 1970 (15 U.S.C. 615 et seq.). For the purpose of this Act the term `toxic chemical facility' shall include any facility that releases a toxic chemical.
(6) The term 'Nonpollution Releasing Facility' (NRF) means any facility that is not permitted on the following list: CERCLA, RCRA (Large), Clean Air Act, Clean Water Act, FIFRA, Emergency Planning and Community Right-to-Know Act of 1986 or is
not an undocumented source of pollution as determined by the local and confirmed by EPA. An NRF does not include specific items listed under Section 4, Part 5.
(7) The term `toxic chemicals' means--
(A) all hazardous substances as defined in section 101(14) of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (42 U.S.C. 9601(14);
(B) all materials registered pursuant to the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C.
136 et seq.);
(C) all chemicals subject to section 313 of the Emergency Planning and Community Right-to-Know Act of 1986;
(D) all contaminants identified in the Safe Drinking Water Act (42 U.S.C. 300g-1);
(E) all chemicals listed by the National Toxicology Program as known or probable human carcinogens; and
(F) all materials subject to the requirements concerning material safety data sheets for hazardous chemicals under the Occupational and Safety and Health Act of 1970 (15 U.S.C. 615 et seq.).
(8) The term `release' shall have the same meaning as used in section 101(22) of the Comprehensive Environmental Response, Compensation and Liability Act of 1990 as amended by the Superfund
Amendments and Reauthorization Act of 1986, and shall also include any release which results in exposure to persons within a workplace.
(9) The term `toxic chemical facility' means any facility listed under Pollution Releasing Facility as
defined in Sec. 4 (5).
(10) The term 'environmental justice' means the fair treatment of people of all races, cultures, and
socioeconomic groups with respect to the development, adoption, implementation, and enforcement of laws, regulations, and policies affecting the environment.
(11) The term `fair treatment' means policies and practices that will minimize the likelihood that a minority, low-income, or Native American community will bear a disproportionate share of the adverse environmental consequences, or be denied reasonable access to the environmental benefits, resulting from implementation of a Federal program or policy.
(12) The term `Federal agency' means-
(A) each Federal entity represented on the Working
Group;
(B) any other entity that conducts any Federal program or activity that substantially affects human health or the environment;
and
(C) each Federal agency that implements any
program, policy, or activity applicable to Native Americans.
(13)The term `Working Group' means the interagency
working group established by Section 10.
(14) The term `Advisory Committee' means the
advisory committee established by Section 12.
(15) The term `environmentally disadvantaged community' means an area within 2 miles of the borders of a site on which a facility for the management of solid waste (including a facility for
the management of hazardous waste) is proposed to be constructed and in which both of the following conditions are met, determined using the most recent data from the Bureau of the Census:
(A)(i) The percentage of the population consisting of all individuals who are of African, Hispanic, Asian,
Native American Indian, Pacific Island, or Native Alaskan ancestry is greater than either--
(I) the percentage of the population in the State of all such individuals, or (II) the percentage of the
population in the United States of all such individuals; or (ii)(I) twenty percent or more of
the population consists of individuals who are living at or below the poverty line, or
(II) the area has a per capita income of 80 percent or less of the national average for the most recent
12-month period for which statistics are available.
(B) The area contains one or more of the following:
(i) A facility for the management of hazardous
waste that is in operation (ii) A facility for the management of hazardous waste that is no longer in operation but that formerly accepted hazardous
waste. (iii) A site at which a release or threatened release of hazardous substances (within the meaning of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) has occurred. (iv) A facility for the management of municipal solid waste. (v) A facility whose owner or
operator is required to submit a toxic chemical release form under section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023), if the releases reported on such form are likely to adversely affect the human health of the community or portion of the community, as determined by the entity that would be appropriate under subsection (a)(2) if a petition were filed with respect to the facility.

(16) The term `management', when used in connection with solid waste (including hazardous waste), means treatment, storage, disposal, combustion, recycling, or other handling of solid
waste, but does not include any activities that take place in a materials recovery facility or any other facility that prepares, transfers, or utilizes
nonhazardous recyclable materials for purposes other than energy recovery.
(17) The terms `release' and `contaminant' have the meanings prescribed by the Administrator for purposes of this section.

SEC. 5. IDENTIFICATION OF AFFECTED AND NONAFFECTED AREAS (a) DETERMINATION OF IMPACTED AND NONIMPACTED
AREAS - Within six months after the date of enactment, the Administrator in consultation with the Agency for Toxic Substances and Disease Registry, Centers for Disease Control, the National Institute for Environmental Health Sciences, the National Center for Health Statistics and the Bureau of the Census, shall determine the most appropriate designation of health-related Affected and Nonaffected Areas, either census blocks, census tracks, neighborhoods,
communities, cities, counties, States or other appropriate geographic unit. The Administrator shall determine the most appropriate designation of
environmentally Affected and Nonaffected Areas, either census blocks, census tracks, neighborhoods, communities, cities, counties, States or other
appropriate geographic unit. The Administrator in consultation with the Department of Commerce, Department of Labor, Department of Treasury and the Bureau of the Census, shall determine the most appropriate designation of economically Affected and Nonaffected areas, either census blocks, census
tracks, neighborhoods, communities, cities, counties, States or other appropriate geographic unit.
(b) PUBLICATION OF LIST- Within twelve months after the date of enactment of this Act, the Administrator shall publish a list, in rank order, of the total demographic of illnesses, weight of toxic chemicals released in each county and level of economic development for the established geographic unit in the United States during the most recent
five-year period for which data are available. If less than five years of data are available the Administrator shall use available data until further information is reported.
(c) COMPILATION OF LIST- (1) In compiling the list under subsection (a), the Administrator shall consider and utilize all appropriate and available data compiled pursuant to any health, environmental or economic regulatory authority and other sources, including available data on the presence of lead-based paint and toxic chemicals from mobile vehicles. (2) For each appropriate geographic unit the Administrator shall calculate and compile in a data base--
(A) the total weight of toxic chemicals released into the ambient environment;
(B) the total weight of toxic chemicals released into each environmental media (air, water, land, workplace); and
(C) the total weight of each toxic chemical released into the ambient environment, and into each environmental media (air, water, land, workplace);
and whenever possible shall adjust the estimates of each of the items in subparagraphs (A) through (C) to account for the severity of health issues, toxicity of the toxic chemicals and level of economic development.
(3) Within six months after the date of enactment the Administrator shall review the methodology used to
compile and summarize information collected under section 313 of the Emergency Planning and Community Right-to-Know Act, and publish for public comment any proposed changes to the methodology necessary to calculate and compile the
information required in paragraph (1).
(4) The Administrator shall revise and republish the list described in subsection (c) by the date that is five
years after the date of initial publication, and not less frequently than every five years thereafter, using data compiled during the preceding five-yearperiod.
(d) AFFECTED AND NONAFFECTED AREAS-
(1) Within twelve months after the date of enactment, and every five years thereafter, the Administrator shall publish a list of the one hundred counties
or other appropriate geographic unit with the highest and lowest total illnesses, toxic chemical releases and economic development based on the list published in subsection (b). Such counties or other appropriate geographic unit shall be designated as `Affected or Nonaffected Areas'.

SEC. 6. TECHNICAL ASSISTANCE GRANTS.
(a) IN GENERAL- Subject to appropriations, and in accordance with rules promulgated by the Secretary of Health and Human Services in consultation with the Administrator, the Secretary may award a grant to any individual or group of individuals who may be affected by a release or threatened release of a toxic chemical from any toxic chemical facility in an environmental high impact area.
(b) GRANT REQUIREMENTS- (1) A grant awarded under this section shall--
(A) be designed to facilitate access by representatives of environmental high impact areas to the activities
that involve public participation under this Act and any other related law.
(B) be used to obtain technical assistance; and
(C) be in an amount not to exceed $50,000.
(2) Each grant recipient shall be required, as a condition of the grant, to pay a non-Federal share equal to 20 percent of the grant amount. The Administrator may waive the 20 percent contribution requirement if the grant recipient demonstrates financial need to the satisfaction of the Administrator. Not more than one grant may be made with respect to each environmental high impact area for the period of a grant (as determined by the Administrator). At the end of the period, a grant may be renewed if the Administrator determines that the renewal is necessary to facilitate public participation.
(3) Grants under this subsection shall be considered to be grants under section 117(e) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended by the Superfund Amendments and Reauthorization Act of 1986, and shall be funded in the same manner.

SEC. 7. PETITION RELATING TO ENVIRONMENTALLY DISADVANTAGED COMMUNITIES.

(a) RIGHT TO PETITION- (1) Any citizen residing in a State in which a new pollution releasing facility for the management of solid waste (including a new facility for the management of hazardous waste) is proposed to be constructed in an environmentally
disadvantaged community may submit a petition to the appropriate entity (described in paragraph (2)) to prevent the proposed facility from being issued
a permit to be constructed or to operate in that community.
(2) A petition under paragraph (1) shall be submitted in accordance with the following subparagraphs:
(A) In the case of a facility for the management of hazardous waste, the petition shall be submitted to the Administrator or, in the case of a State with an authorized program under section 3006, to the State.
(B) In the case of a facility for the management of municipal solid waste, the petition shall be submitted to the Administrator or, in appropriate cases, as determined under regulations implementing this section, to the State.
(3) Subject to paragraph (4), the EPA shall approve the petition if it is established that--
(A) the proposed facility will belocated in a health, environmental or economically disadvantaged
community; and
(B) the proposed facility may adversely affect--
(i) the human health of such community or a portion of such community; or
(ii) the air, soil, water, or other elements of the environment of such community or a portion of such
community.
(4) After the petitioner has satisfied the requirement of paragraph (2), the EPA shall not approve the
petition only if the proponent(s) of the proposed facility establishes that --
(A) there is no alternative location within the State for the proposed facility that poses fewer risks to human health and the environment than the proposed facility (according to standards for comparing the degree of risk to human health and the environment
promulgated in regulations by the Administrator for purposes of this section); and
(B) the proposed facility--
(i) will not release contaminants; or
(ii) will not engage in any activity that is likely to increase the cumulative impact of contaminants on
any residents of the environmentally disadvantaged community; and
(iii) the project represents clear economic benefit to the community.
(b) ENDORSEMENT. If EPA has determined that there are no significant adverse impacts of
environmental pollution on human health in a proposed area, and if a petitioner requests an advance designation of a proposed area, there shall be an
endorsement on the siting or permitting of any new facility. A new facility may still be placed on the moratorium list if--
(1) the activity, due to its nature, and as determined by EPA, could negatively affect health at some future date;

The endorsement shall continue in effect in such an area until the Administrator determines, upon petition of any interested party, that the health-based levels identified pursuant to Section 5 have not been maintained at the area due to the activities of the covered facility.

(c) If more than one petition relating to the same facility is submitted, the petitions may be consolidated
by the appropriate official to promote the efficient resolution and disposition of the petitions.

(d) In evaluating petitions in opposition to or in favor of projects, EPA should:

(1) rank the relative risks posed by the toxic chemicals present in Affected Areas and by the varied sources of
toxic chemicals, both individually and cumulatively;
(2) take into account the need to remedy the impacts of pollution in high population density areas;
(3) evaluate the levels below which release of toxic chemicals, either individually or cumulatively, must be reduced to avoid adverse impacts on human health;
(4) determine the impacts of uncontrolled releases, and
(5) determine the economic impacts in the area.

SEC. 8. MORATORIUM.

If the report under Section 8 finds significant adverse impacts of environmental pollution on human health,
environment or economy in Affected Area, there shall be a moratorium on the siting or permitting of any new toxic chemical facility in any Affected Area shown to emit toxic chemicals in quantities found to cause significant adverse impacts on human health. Such area shall be designated as a Protected Area. A new toxic chemical facility may be cited or permitted in such an Affected Area during this period only if--
(1) the need for the activity is approved by appropriate governing entity;
(2) the owner or operator of the facility demonstrates to EPA that the facility will develop a plan and maintain a comprehensive pollution prevention program; and
(3) the facility demonstrates to the appropriate governing entity that it will minimize uncontrolled releases into the environment. The moratorium shall continue in effect in such a Protected Area until the Administrator determines, upon petition of any interested party, that the health-based levels identified pursuant to section 401(5) have been attained at the Affected Area.

SEC. 9. INTERAGENCY
ENVIRONMENTAL JUSTICE WORKING GROUP.
(a) CREATION AND COMPOSITION-

There is hereby established the Interagency Working Group on Environmental Justice, comprising the heads of the following executive agencies and offices,
or their designees:
(1) The Department of Defense.
(2) The Department of Health and Human Services.
(3) The Department of Housing and Urban Development.
(4) The Department of Labor.
(5) The Department of Agriculture.
(6) The Department of Transportation.
(7) The Department of Justice;
(8) The Department of the Interior.
(9) The Department of Commerce.
(10) The Department of Energy.
(11) The Environmental Protection Agency.
(12) The Office of Management and Budget.
(13) The Office of Science and Technology Policy.
(14) The Office of the Deputy Assistant to the President for Environmental Policy.
(15) The Office of the Assistant to the President for Domestic Policy.
(16) The National Economic Council.
(17) The Council of Economic Advisers.
(18) Any other official of the United States that the President may designate.
(b) FUNCTIONS- The Working Group shall--
(1) provide guidance to Federal agencies on criteria for identifying disproportionately high and adverse human health or environmental effects on minority populations and low-income populations;
(2) coordinate with, provide guidance to, and serve as a clearinghouse for, each Federal agency as it
develops or revises an environmental justice strategy as required by this Act, in order to ensure that the administration, interpretation and enforcement of
programs, activities, and policies are undertaken in a consistent manner;
(3) assist in coordinating research by, and stimulating cooperation among, the Environmental Protection
Agency, the Department of Health and Human Services, the Department of Housing and Urban Development, and other Federal agencies conducting research or other activities in accordance with section 7;
(4) assist in coordinating data collection, maintenance, and analysis required by this Act;
(5) examine existing data and studies on environmental justice;
(6) hold public meetings and otherwise solicit public participation and consider complaints as required
under subsection (c);
(7) develop interagency model projects on environmental justice that evidence cooperation among Federal agencies; and
(8) in coordination with the Department of the Interior and after consultation with tribal leaders,
coordinate steps to be taken pursuant to this Act that affect or involve federally-recognized Indian Tribes.
(c) PUBLIC PARTICIPATION- The Working Group shall--
(1) hold public meetings and otherwise solicit public participation, as appropriate, for the purpose of
fact-finding with regard to implementation of this Act, and prepare for public review a summary of the comments and recommendations provided; and
(2) receive, consider, and in appropriate instances conduct inquiries concerning complaints regarding
environmental justice and the implementation of this Act by Federal agencies.
(d) ANNUAL REPORTS- (1) Each fiscal year following enactment of this Act, the Working Group shall submit to the President, through the Office of the Deputy Assistant to the President for Environmental Policy and the Office of the Assistant to the President for Domestic Policy, a report that describes the implementation of this Act, including, but not limited to, a report of the final environmental justice strategies described in section 6 of this Act and annual progress made in implementing those strategies.
(2) The President shall transmit to the Speaker of the House of Representatives and the President of the Senate a copy of each report submitted to the President pursuant to paragraph (1).
(e) CONFORMING CHANGE- The Interagency Working Group on Environmental Justice established under Executive Order No. 12898, dated February 11, 1994, is abolished.

SEC. 10. FEDERAL AGENCY STRATEGIES.
(a) AGENCY-WIDE STRATEGIES- Each Federal agency shall develop an agency-wide environmental justice strategy that identifies and addresses disproportionately high and adverse human health or
environmental effects of its programs, policies, and activities on minority populations and low-income populations.
(b) REVISIONS- Each strategy developed pursuant to subsection (a) shall identify programs, policies,
planning, and public participation processes, rulemaking, and enforcement activities related to human health or the environment that should be revised to--
(1) promote enforcement of all health and environmental statutes in areas with minority populations, low-income populations, or Native American populations;
(2) ensure greater public participation;
(3) improve research and data collection relating to the health of and environment of minority populations, low-income populations, and Native American populations; and
(4) identify differential patterns of use of natural resources among minority populations, low-income populations, and Native American populations.
(c) TIMETABLES- Each strategy developed pursuant to subsection (a) shall include, where appropriate, a
timetable for undertaking revisions identified pursuant to subsection (b).
SEC. 11. FEDERAL ENVIRONMENTAL JUSTICE ADVISORY COMMITTEE.
(a) ESTABLISHMENT- There is established a committee to be known as the `Federal Environmental Justice Advisory Committee'.
(b) DUTIES- The Advisory Committee shall provide independent advice and recommendations to the Environmental Protection Agency and the Working Group on areas relating to environmental
justice, which may include any of the following:
(1) Advice on Federal agencies' framework development for integrating socioeconomic programs into strategic planning, annual planning, and management accountability for achieving environmental justice results agency-wide.
(2) Advice on measuring and evaluating agencies' progress, quality, and adequacy in planning, developing, and implementing environmental justice strategies, projects, and programs.
(3) Advice on agencies' existing and future information management systems, technologies, and data collection, and the conduct of analyses that support and strengthen environmental justice
programs in administrative and scientific areas.
(4) Advice to help develop, facilitate, and conduct reviews of the direction, criteria, scope, and adequacy
of the Federal agencies' scientific research and demonstration projects relating to environmental justice.
(5) Advice for improving how the Environmental Protection Agency and others participate, cooperate, and communicate within that Agency and between other Federal agencies, State or local governments, federally recognized Tribes, environmental justice leaders, interest groups, and the public.
(6) Advice regarding the Environmental Protection Agency's administration of grant programs relating to
environmental justice assistance (not to include the review or recommendations of individual grant proposals or awards).
(7) Advice regarding agencies' awareness, education, training, and other outreach activities involving
environmental justice.
(c) ADVISORY COMMITTEE- The Advisory Committee shall be considered an advisory committee within the meaning of the Federal Advisory Committee Act (5 U.S.C. App.).
(d) MEMBERSHIP- The Advisory Committee shall be composed of at least 25 members appointed by the President. Members shall include representatives of--
(1) community-based groups;
(2) industry and business;
(3) academic and educational institutions;
(4) State and local governments, federally recognized tribes, and indigenous groups; and
(5) nongovernmental and environmental groups.
(e) MEETINGS- The Advisory Committee shall meet at least twice annually. Meetings shall occur as needed
and approved by the Director of the Office of Environmental Justice of the Environmental Protection Agency, who shall serve as the officer required to be appointed under section 10(e) of the Federal Advisory Committee Act (5 U.S.C. App.) with respect to the Committee (in this subsection referred to as the `Designated Federal Officer'). The Administrator of the Environmental Protection Agency may pay travel and per diem expenses of members of the Advisory Committee when determined necessary and appropriate. The Designated Federal Officer or a designee of such Officer shall be present at all meetings, and each meeting will be conducted in accordance with an agenda approved in advance by such Officer. The Designated Federal Officer may adjourn any meeting
when the Designated Federal Officer determines it is in the public interest to do so. As required by the Federal Advisory Committee Act, meetings of the Advisory Committee shall be open to the public unless the President determines that a meeting or a portion of a meeting may be closed to the public in accordance
with subsection (c) of section 552b of title 5, United States Code. Unless a meeting or portion thereof is closed to the public, the Designated Federal
Officer shall provide an opportunity for interested persons to file comments before or after such meeting or to make statements to the extent that time
permits.
(f) DURATION- The Advisory Committee shall remain in existence until otherwise provided by law.

SEC. 12. HUMAN HEALTH AND ENVIRONMENTAL RESEARCH, DATA COLLECTION AND ANALYSIS.

(a) DISPROPORTIONATE IMPACT- To the extent permitted by other applicable law, including section 552a of title 5, United States Code, popularly known as the Privacy Act of 1974, the Administrator of the Environmental Protection Agency, or the head of such other Federal agency as the President may direct, shall collect, maintain, and analyze information assessing and comparing environmental and human health risks borne by populations identified by race, national origin, or income. To the extent practical and appropriate, Federal agencies shall use this information to determine whether their programs, policies, and activities have disproportionately high and adverse human health, environmental or
economic effects on minority populations and low-income populations.

(b) INFORMATION RELATED TO NON-FEDERAL FACILITIES- In connection with the development and implementation of agency strategies in section 4, the Administrator of the Environmental Protection Agency, or the head of such other Federal agency as the President may direct, shall collect, maintain, and analyze information on the race, national origin, and income level, and other readily accessible and appropriate information, for areas surrounding facilities or sites expected to have a substantial environmental, human health, or economic effect on the surrounding populations, if such facilities or sites become the subject of a substantial Federal environmental administrative or judicial action.
(c) IMPACT FROM FEDERAL FACILITIES-
The Administrator of the Environmental Protection Agency, or the head of such other Federal agency as the President may direct, shall collect, maintain, and
analyze information on the race, national origin, and income level, and other readily accessible and appropriate information, for areas surrounding Federal facilities that are--
(1) subject to the reporting requirements under the Emergency Planning and Community Right-to-Know Act (42 U.S.C. 11001 et seq.) as mandated in Executive Order No. 12856; and
(2) expected to have a substantial environmental, human health, or economic effect on surrounding populations.
(d) INFORMATION SHARING- (1) In carrying out the responsibilities in this section, each Federal agency, to the extent practicable and appropriate, shall share information and eliminate unnecessary duplication of efforts through the use of existing data systems and cooperative agreements among Federal agencies and with State, local, and tribal governments.
(2) Except as prohibited by other applicable law, information collected or maintained pursuant to this section shall be made available to the public.
(e) PUBLIC COMMENT- Federal agencies shall provide minority populations and low-income populations the opportunity to participate in the development, design, and conduct of activities undertaken pursuant to this section.

Environmental Justice Coalition

EJ Act of 2015 Summary

Environmental Justice Act of 2015

Summary

To establish a program to ensure nondiscriminatory
compliance with environmental, health, and safety laws, to ensure equal protection of the public health and to promote economic development in
underdeveloped communities. To require Federal agencies to develop and implement policies and practices that promote environmental justice, and for
other purposes.

Current Environmental Justice Program Under Title VI of the Civil Rights Act

Existing civil rights laws, regulations and former President Clinton'sExecutive Order OnEnvironmental Justice do not provide any relief for victims of environmental injustice. The criteria for defining
environmental racism are so different in nature from the criteria used to define individualized racial discrimination that the CivilRights Act of 1964 is not really applicable for resolving environmental
racism problems.

Findings:

EPA does not have the authority to prevent the construction of a proposed polluting facility. EPA does not have the authority to approve the construction of a proposed nonpolluting facility. If subsequent to
the issuance of an operating permit the EPA were to find a civil rights violation, the EPA would have no power to stop the operation or even to provide any other form of relief to the victimized community.
EPA's only remedy against an environmental civil rights violating state is to attempt to cut off financial assistance to the violating state. EPA has never requested a cut-off of financial assistance to a state for such a violation. Moreover, the cut off of such funds can only occur if the U.S. Congress does not object.

Courts have ruled that victims of environmental racial discrimination have no standing to privately enforce federal agency civil rights regulations.

A community may file a civil rights complaint with the EPA only after a state has already issued a permit to operate the facility being opposed.

Of the 130 environmental justice complaints filed by minority communities across the nation, only four (4) have been fully investigated and EPA has ruled against all of those complainants. And even if EPA
ruled in favor of such complainants for an environmental civil rights violation, the agency would be powerless to provide any relief to the complaining community.

Although environmental and health data of toxic chemical releases are not routinely collected and analyzed by income and race, racial and ethnic minorities and lower income Americans may be disproportionately exposed to toxic chemicals in their residential and workplace environments.

Victims of civil rights discrimination may file a complaint with the EPA. (40 C.F.R. 7.120)

The EPA will accept environmental civil rights complaints but only after a State has granted an operating permit. (40 C.F.R. 7.120 (b)(2))

The EPA does not investigate whether State departments of environment are complying
with its civil rights obligation. (40 C.F.R. 7.80)

The EPA cannot provide any effective relief to a civil rights complainant under its own regulations.

The sole relief available for victims of environmental civil rights violations is through a private action against a state if the community can prove
intentional discrimination. To date, no such action
has been successful.

The term 'environmental justice' means the fair
treatment of people of all races, cultures, and socioeconomic groups with respect to the development, adoption, implementation, and enforcement of laws, regulations, and policies affecting the environment.

Shorter Definition:

The fair treatment of all people regarding the environment.

The Purposes of the Environmental Justice Act of 2014

To provide a citizen lawsuit provision to allow
potential victims of environmental race discrimination to enforce the EJA and the regulations promulgated thereunder.

To provide a citizen endorsement provision to allow potential beneficiaries of nonpolluting economic development to enforce the EJA and the regulations promulgated thereunder.

To establish the criteria for determining potential violations and endorsements based on comparative community health statistics, comparative community pollution sources and comparative community economic development.

To address:

a) acts of discrimination, b) existing comparative community health, c) existing comparative community pollution sources and d) existing comparative economic analyses and planned economic development.

To direct to accept and investigate all community complaints and recommendations related to development projects, whether filed before or after
issuance of construction and operating permits.

To empower citizens, and EPA at the request of citizens, to obtain injunctions to prevent construction and operation of discriminatory polluting facilities and operations that violate the EJA regulations.

To empower citizens, and EPA at the request of citizens, to endorse the construction and operation of nondiscriminatory nonpolluting facilities and operations that do not violate EJA regulations.

To provide a definitive permitting process regarding demographics for citizens, developers, government agencies and investors.

To direct the U.S. Environmental Protection Agency (EPA) to develop EJA regulations.

To establish a new EPA Office of Health Protection (OHP) to investigate community health statistics and to coordinate research and related activities with the following offices. The OHP would provide research and policy development to protect all vulnerable populations: children, low-income and disadvantaged minority communities and aging populations. The new OHP will also coordinate the 2002 Memorandum of Understanding (MOU) between the Department of Health and Human Services (HHS) and EPA on
developing a nationwide environmental health tracking network.

To expand the EPA Office of Environmental Justice (OEJ) to provide adequate staff and resources to investigate community pollution sources.

To direct the EPA National Center for Environmental Economics (NCEE) to investigate community economic impacts.

To identify those areas with the largest releases of toxic chemicals to the air, land, water, and workplace.

To identify those areas that are subject to the most
severe loadings of toxic chemicals, through all media.

To require the collection of data on environmental health effects so that impacts on different individuals or groups can be understood.

To assess the health effects that may be caused by emissions in those areas of highest environmental impact;

To ensure that groups or individuals residing within High Environmental Impact Areas have the opportunity and the resources to participate in the technical process, which will determine the possible existence of adverse health impacts;

To identify those activities in high environmental impact areas found to have significant adverse impacts on human health;

To incorporate environmental justice considerations into planning and implementation of all Federal environmental programs and statutes.

To require that actions be taken by authorized Federal agencies to curtail those activities found to be having significant adverse impacts on human health in those areas of highest impact; and

To ensure that significant adverse health impacts that may be associated with environmental pollution in the United States are not distributed inequitably.

To focus Federal agency attention on the environmental and human health conditions in minority and low-income communities;

To ensure that all Federal agencies develop practices that promote environmental justice;

To increase cooperation and coordination among Federal agencies as they seek to achieve environmental justice;

To provide minority, low-income, and Native American communities greater access to public information and opportunity for participation in decision making affecting human health and the environment;

To mitigate the inequitable distribution of the burdens and benefits of Federal programs having significant impact on human health and the environment; and

To hold Federal agencies accountable for the effects of their projects and programs on all communities.

Technical Provisions of the Environmental Justice Act of 2014

The siting of pollution releasing facilities (PRF) in areas with the worst health or the largest number of (or most serious) polluting facilities would further increase their health disparity compared to areas
with better health and fewer (or less serious) polluting facilities.

Such an adverse effect would violate the civil rights of the residents of the worst health and polluted areas.

The Protocol below provides a framework for
effectively addressing disproportionate health, pollution and economic impacts.

Construction and operating permits for a new facility or to enlarge an existing facility shall not be granted for an Affected Area (any area determined by EPA
that suffers from disproportionate health and environmental impacts) if the local community, utilizing EPA Office of Health Protection data,
determines that the proposed facility will cause residents to suffer from disproportionate health and environmental impacts and the Affected Area
determines, through their elected officials, that they do not want the facility.

Construction and operating permits for a new facility or to enlarge an existing facility shall not be granted if the Affected Area is a Protected Area (Affected Area protected by local community designation and
supported by EPA analysis). The residents of the Protected Area may waive the prohibition against construction/operation of the proposed facility if a the residents can get approval from the local decision-making agency for such waiver.

The health of the residents, the number of polluting sites and the community economic assessment in an Affected Area shall be used by the community and EPA to determine disproportionate impacts. Health criteria shall be developed by the EPA Office of Health Protection, the EPA Office of Environmental Justice shall develop pollution site criteria and economic assessments shall be developed by the EPA National Center for Environmental Economics. If a site fails to meet the criteria established in these three categories, the proposed construction or operating permit
should be denied or EPA discretionary grant and contract funds will be denied to noncomplying States for the next fiscal year. If a site meets the criteria established in these three categories, the proposed construction or operating permit should be approved or EPA discretionary grant and contract funds will be denied to noncomplying States for the next fiscal year. Such denial does not require review, approval or disapproval by the U.S. Congress.

Pollution Releasing Facilities shall be those facilities that are required to obtain pollution releasing permits. A PRF can also be an undocumented source of pollution as identified by a community and acknowledged by EPA.

The siting of nonpollution releasing facilities (NRF) in
areas with the worst health or the largest number of (or most serious) polluting facilities would decrease their health disparity compared to areas with better health and fewer or less serious polluting facilities. A
nonpollution releasing facility would not qualify to be on the following permit lists: CERCLA, RCRA (Large), Clean Air Act, Clean Water Act and dangerous undocumented sources of pollution (community accepted and EPA confirmed). Such a positive effect would enhance the civil rights of the residents of the worst health and polluted areas. The Protocol below
provides a framework for effectively addressing proportionate health, pollution and economic impacts.

Construction and operating permits for a new facility or to enlarge an existing facility shall be granted for an Affected Area (any area determined by EPA that is enhanced by proportionate health and environmental impacts) if the local community, utilizing EPA Office of Health Protection data, determines that the proposed facility will not cause residents to suffer from disproportionate health and environmental
impacts and the Affected Area determines, through their elected officials, that they want the facility.
Construction and operating permits for a new facility or to enlarge an existing facility shall be granted if the Affected Area is a Protected Area (Affected Area protected by local community designation and supported by EPA analysis) and the residents of the Protected Area have waived the prohibition against construction/operation of the proposed facility by getting approval for such waiver from the local,
authorized decision-making agency.

The health of the residents, the number of polluting sites or the community economic assessment in an Affected Area shall be used by the community and EPA to determine disproportionate impacts.

A nonpollution releasing facility would not qualify to be on the following permit lists: CERCLA, RCRA (Large), Clean Air Act, Clean Water Act and dangerous undocumented sources of pollution (community accepted and EPA confirmed). An NRF also cannot be an undocumented, dangerous source of pollution as identified by a community and acknowledged by EPA (e.g., abandoned landfill, trash transfer station, abandoned dump sites,
etc.).

Environmental Justice Coalition

New York Environmental Justice Act of 2015

Int. No.
_____

By
Council Member Barron

A LOCAL BILL

New York Environmental Justice Act of 2015

To amend the administrative code of the city of New York to establish a program to ensure nondiscriminatory compliance with environmental, energy, health, and safety laws, to ensure equal
protection of the public health and to promote economic development in underdeveloped communities. To require New York City agencies to develop and implement policies and practices that promote environmental justice, and for other purposes.

FOR the purpose of establishing the Commission on Environmental Justice; providing for the membership and terms of the Commission; requiring the Mayor to designate the chairman of the commission; providing for the staff, meeting times and places, and quorum of the commission; requiring the commission to submit a certain report on or before a certain date each year; defining a certain term; and generally relating to the Commission on Environmental Justice.

Preamble

Whereas, environmental justice is based on the principle that regardless of race, national origin, age, or income, no segment of the population should bear
disproportionately high and adverse effects of environmental pollution; and

Whereas, the city supports and is committed to the principle of environmental justice and equal
protection of all citizens of the city in a manner that fully complies with Title VI of the Civil Rights Act
of 1964; and

Whereas, major citywide revitalization initiatives for reducing pollution, encouraging redevelopment,
and enhancing community life address environmental conditions of our communities and provide new economic opportunities in these communities, while preserving more pristine areas from pollution and

Whereas, economic development and environmental protection are interdependent, and equal treatment and opportunities must be afforded to all citizens of the city by involving affected communities; and

Whereas, certain communities in the city may suffer disproportionately from environmental hazards
related to programs and policies designed to encourage industrial, municipal, or commercial revitalization; and

Whereas, fair treatment suggests that no community should disproportionately suffer the negative
environmental impacts resulting from industrial, municipal, and commercial operations or the
implementation of city programs and policies; and

Whereas, environmental justice considerations should be integrated into the city's revitalization initiatives
for reducing pollution, encouraging redevelopment, and enhancing community life; and

Whereas, environmental justice does not need to hinder economic development, and economic
development and environmental equity in the city can and should be effectively balanced; and

Whereas, the New York Governor and the New York State Department of Environmental Conservation (DEC) Commissioner have recognized “the importance of environmental justice and the need for community involvement in environmental decision-making by creating the DEC’s Office of Environmental Justice in September 1999. This Office, which
implements the DEC’s Environmental Justice Program, seeks to “ensure that local communities are given an opportunity to express their concerns and that those concerns are considered when making decisions which potentially impact the environment and public health.”[1]

On March 19, 2003, the DEC issued Policy Statement CP-29: Environmental Justice and Permitting. In issuing this policy, the DEC stated that the policy was meant to “promote the fair involvement of all people in the DEC environmental permit process,” and further stated that:

It is the general policy of DEC to promote environmental justice and incorporate measures for achieving environmental justice into its programs, policies, regulations, legislative proposals and activities. This policy is specifically intended to ensure that DEC’s environmental permit process promotes environmental justice.

Unfortunately, the environmental justice office and program are not codified in state law because no law has been enacted by the New York State legislature and there is no city environmental justice law; and

Whereas, although environmental and health data of toxic chemical releases are not routinely collected and analyzed by income and race, racial and ethnic minorities and lower income Americans may be
disproportionately exposed to toxic chemicals in their residential and workplace environments; and

Whereas, the New York City Department of Environmental Protection (DEP) does not investigate
whether county departments of environment are complying with its civil rights obligation; and

Whereas, the DEP cannot provide any effective relief to a civil rights complainant under its own
regulations; and

Whereas, the sole relief available for victims of environmental civil rights violations is through a
private action if an individual or the community can prove intentional discrimination. To date, no
such action has been successful.

Now, therefore, be it enacted by the City Council of New York, that the laws of New York City read as follows:

Section 1.

Definitions. In this section the following words have the meanings indicated.

"Commissioner" means the Commissioner of the New York Department of Environmental Protection.

“Commission” means the Commission on environmental Justice

“Environmental Justice” means equal protection from environmental and public health hazards for all
people regardless of race, income, culture, and social status.

“Fair Treatment” means policies and practices that will minimize the likelihood that a minority or low-income community will bear a disproportionate share of the adverse environmental consequences, or be denied reasonable access to the environmental
benefits, resulting from implementation of a city program or policy.

“Department” means the Department of Environmental Protection.

“Affected Area” means any area determined by DEP that suffers disproportionately from negative health, environmental or economic impacts.

“Protected Area' means any affected area protected by local community designation and supported by DEP analysis.

“Brownfield” means any previously developed and currently polluted area selected by local community designation and supported by DEP analysis that is
targeted for redevelopment.

“Pollution Releasing Facility” (PRF) means any facility that is permitted on the following list: Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), Resource Conservation Recovery Act (RCRA-Large), Clean Air Act, Clean Water Act, Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), Emergency Planning and Community Right-To-Know Act of 1986 or any dangerous undocumented source of
pollution that is determined by the local community and confirmed by DEP. Specifically, any facility:

(a) Subject to reporting requirements under the Emergency Planning and Community Right-To-Know Act of 1986;
(b) That generates, treats, stores or disposes of a hazardous waste as defined in section 3001 of the Solid Waste Disposal Act;
(c) Subject to Section 112 or 129 of the Clean Air Act;
(d) Subject to Sections 307 or 311 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
(e) Subject to the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.); or
(f) Subject to the requirements concerning material safety data sheets for hazardous chemicals under the Occupational Safety and Health Act of 1970 (15
U.S.C. 615 et seq.) for the purpose of this act the term `toxic chemical facility' shall include any facility that releases a toxic chemical.

“Nonpollution Releasing Facility' (NRF) means any facility that is not permitted on the following list: CERCLA, RCRA (large), Clean Air Act, Clean Water Act, FIFRA, Emergency Planning and Community Right-To-Know Act of 1986 or is not an undocumented source of pollution as determined by the local community and confirmed by DEP.

“Toxic Chemicals” means—
(a) All hazardous substances as defined in Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
9601(14);
(b) All materials registered pursuant to the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.);
(c) All chemicals subject to Section 313 of the Emergency Planning and Community Right-To-Know Act of 1986;
(d) All contaminants identified in the safe drinking water act (42 U.S.C. 300g-1);
(e) All chemicals listed by the national toxicology program as known or probable human carcinogens; and
(f) All materials subject to the requirements concerning material safety data sheets for hazardous chemicals under the occupational and safety and health act of 1970 (15 U.S.C. 615 et seq.).

“Release” shall have the same meaning as used in section 101(22) of the Comprehensive Environmental Response, Compensation and Liability Act of 1990 as amended by the Superfund Amendments and Reauthorization Act of 1986, and shall also include any release which results in exposure to persons within a workplace.

“City Agency” means- (a) each city entity represented on the working group; (b) any other entity that conducts any city program or activity that substantially affects human health or the environment; and
(c) each city agency that implements any program, policy, or activity applicable to low-income Americans.

Section 2.

Commission on Environmental Justice

(a) The commission consists of the following 20 members:

(1) The Chairman,
(2) The Commissioner, or the Commissioner’s designee;
(3) The Chairman of the city council Environmental Protection Committee, or the
chairman’s designee;
(5) The Chairman of the city council Land Use Committee, or the chairman’s designee;
(6) TheChairman of the city council Sanitation & aste Management Committee, or the chairman’s designee;
(7) The Chairman of the city council Waterfronts Committee;
(8) The Chairman of the city council Parks and Recreation Committee;
(9) The Chairman of the city council Select Committee on Civil Rights;
(10) The Chairman of the city council Select Committee on Community Development;
(11) Five members from one Community Board
from each borough;
(12) One member from an environmental justice organization;
(13) One member from a traditional environmental organization;
(14) One member from the business community;
(15) One member from a health related institution; and
(16) One member from the general public with interest or expertise in environmental justice.
(b) The term of a member is 2 years. At the end of a term, a member continues to serve until a successor is appointed.
(c) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed.
(d) A member may not be appointed to more than two consecutive terms.
(e) The Mayor shall designate the chairman of the commission.
(e) The Department shall provide staff for the commission.
(f) The Commission shall meet at the times and places that the chairman determines.
(g) A majority of members of the Commission shall constitute a quorum for the transaction of business.
(h) A member of the Commission:
(1) May receive compensation; and
(2) Is entitled to reimbursement for expenses under the standard city travel regulations, as provided in the state budget.

The Commission shall:
(1) Advise city government agencies on environmental justice and related community issues;
(2) Review and analyze the impact of current city laws and policies on the issue of environmental justice;
(3) Assess the adequacy of city laws to address the issue of environmental justice;
(4) Coordinate city children's programs with
recommendations related to environmental justice;
(5) Develop criteria to assess whether communities in the city may be experiencing environmental justice issues; and
(6) Recommend options to the Mayor for addressing issues, concerns, or problems related to environmental justice that surface after reviewing city laws and policies, including prioritizing areas of
the city that need immediate attention.

On or before October 1 of each year, the commission shall report its findings and recommendations to the Mayor and the city council

Section 3. Human Health, Environmental Research, Data Collection and Analysis.

(1) Disproportionate Impact - to the extent
permitted by other applicable law, including section 552a of title 5, United States Code, popularly known as the Privacy Act of 1974, the Commissioner of
the New York Department of Environmental Protection, or the head of such other city agency as the Mayor may direct, shall collect, maintain, and analyze information assessing and comparing environmental and human health risks borne by populations identified by race, national origin, or
income.

To the extent practical and appropriate, city agencies shall use this information to determine whether their programs, policies, and activities have disproportionately high and adverse human health, environmental or economic effects on minority populations and low-income populations.

(2) Information Related To Non-City Facilities
- in connection with the development and implementation of agency strategies, the Commissioner, or the head of such other city agency as the Mayor may direct, shall collect, maintain, and analyze information on the race, national origin, and income level, and other readily accessible and appropriate information, for areas surrounding facilities or sites expected to have a
substantial environmental, human health, or economic effect on the surrounding
populations, if such facilities or sites become the subject of a substantial
city environmental, administrative or judicial action.

(3) Impact From City Facilities - The Commissioner, or the head of such other city agency as the Mayor may direct, shall collect, maintain, and analyze information on the race, national origin, and income level, and other readily accessible and appropriate information, for areas surrounding city facilities that are—
(a) Subject to the reporting requirements under the federal Emergency Planning and Community Right-to-Know Act (42 U.S.C. 11001 et seq.) as mandated in executive order no. 12856; and
(b) Expected to have a substantial
environmental, human health, or economic effect on surrounding populations.
(c) Information sharing (1) in carrying out the responsibilities in this section, each city agency, to the extent practicable and appropriate, shall share information and eliminate unnecessary duplication of efforts through the use of existing data systems and cooperative agreements among city agencies and with community boards. (2) Except as prohibited by other
applicable law, information collected or maintained pursuant to this section shall be made available to the public.

(4) Public Comment - City agencies shall provide minority populations and low-income populations the opportunity to participate in the development, design, and conduct of activities undertaken pursuant to this section.

Section 4. Purposes and Policies

1. To provide a citizen lawsuit provision to allow
potential victims of environmental race discrimination to enforce the Environmental Justice
Act (EJA) and the regulations promulgated thereunder.

2. To provide a citizen endorsement provision to allow potential beneficiaries of nonpolluting economic development to enforce the EJA and the regulations promulgated thereunder.

3. To establish the criteria for determining potential violations and endorsements based on comparative community health statistics, comparative community pollution sources and comparative
community economic development.

4. To address: a) acts of discrimination, b) existing comparative community
health, c) existing comparative community pollution sources and d) existing comparative economic analyses and planned economic development.

5. To direct, accept and investigate all community complaints and recommendations related to development projects, whether filed before or after issuance of construction and operating permits.

6. To empower citizens and DEP at the request of citizens, to obtain injunctions to prevent construction and operation of discriminatory polluting facilities and operations that violate the EJA regulations.

7. To empower citizens, and DEP at the request of citizens, to endorse the construction and operation of nondiscriminatory, nonpolluting facilities and operations that do not violate EJA regulations.

8. To provide a definitive permitting process regarding demographics for citizens, developers, government agencies and investors.

9. To direct the DEP to develop EJA regulations.

10. To identify those areas with the largest releases of toxic chemicals to the air, land, water, and workplace.

11. To identify those areas that are subject to the most severe loadings of toxic chemicals, through all media.

12. To require the collection of data on environmental health effects so that impacts on different individuals or groups can be understood.

13. To assess the health effects that may be caused by emissions in those areas of highest environmental impact.

14. To ensure that groups or individuals residing within high environmental impact areas have the opportunity and the resources to participate in the technical process, which will determine the possible existence of adverse health impacts.

15. To identify those activities in high environmental impact areas found to have significant adverse impacts on human health.

16. To incorporate environmental equity considerations into planning and implementation of all city environmental programs and statutes.

17. To require that actions be taken by authorized city agencies to curtail those activities found to have significant adverse impacts on humanhealth in those areas of highest impact.

18. To ensure that significant adverse health impacts that may be associated with environmental pollution in New York City are not distributed inequitably.

19. To focus city agency attention on the environmental and human health conditions in minority and low-income communities.

20. To ensure that all city agencies develop practices that promote environmental justice;

21. To increase cooperation and coordination among city agencies as they seek to achieve environmental justice.

22. To provide minority and low-income communities greater access to public information and opportunity for participation in decision making affecting human health and the environment.

23. To mitigate the inequitable distribution of the burdens and benefits of city programs having significant impact on human health and the environment.

24. To hold city agencies accountable for the effects of their projects and programs on all communities.

Section 5. Identification of Affected and Nonaffected Areas

(1) Determination of impacted and nonimpacted
areas - Within six months after the date of enactment, the Commissioner in consultation with the New York City Department of Health, shall determine the most appropriate designation of health-related affected and nonaffected areas, either census blocks, census tracks, or other appropriate geographic unit. The Commissioner shall determine the most appropriate designation of environmentally Affected and Nonaffected areas, census blocks, census tracks, or other appropriate geographic unit. The Commissioner, in consultation with the New York City Department of City Planning, New York City Economic Development Corporation, Department of Business Services and Office of The Corporation Counsel, shall determine the most appropriate designation of economically Affected and Nonaffected areas, either census blocks, census tracks, neighborhoods, communities, or other appropriate geographic unit.

(2) Publication of List - Within twelve months
after the date of enactment of this act, the Commissioner shall publish a list, in rank order, of the total demographic of illnesses, weight of toxic chemicals released in each borough and level of economic development for the established geographic unit in New York City during the most recent five-year period for which data are available. if less than five years of data are available. The Commissioner shall use available data until further information is reported.

(3) Compilation of List - The Commissioner
shall consider and utilize all appropriate and available data compiled pursuant to any health, environmental or economic regulatory authority and other sources, including available data on the presence of lead-based paint and toxic chemicals from mobile vehicles. For each appropriate geographic unit the Commissioner shall calculate and compile in a database—

(1) The total weight of toxic chemicals released into the ambient environment;
(2) The total weight of toxic chemicals released into each environmental media
(air, water, land, workplace); and
(3) The total weight of each toxic chemical released into the ambient environment, and into each environmental media (air, water, land, and workplace); and whenever possible shall adjust the estimates to account for the severity of health issues, toxicity of the toxic chemicals and level of economic development.
(4) Within six months after the date of enactment the Commissioner shall review the methodology used to compile and summarize information collected under Section 313 of the Emergency Planning and Community Right-To-Know Act, and publish for public comment any proposed changes to the methodology necessary to calculate and compile the city information required in paragraph (1).
(5) The Commissioner shall revise and republish the list described in subsections (3) of this section by the date that is five years after the date of initial publication, and not less frequently than every five years thereafter, using
data compiled during the preceding five-year period.
(6) Affected and nonaffected areas- (1) within twelve months after the date of enactment, and every five years thereafter, the Commissioner shall publish a list of the geographic unit with the highest and lowest total illnesses, toxic chemical releases and economic development.

Section 6. Petitions Relating To Environmentally Disadvantaged and Advantaged Communities.

(1) Right To Petition - Any citizen residing
in any borough in New York City in which a new
facility for the management of solid waste (including a new facility for the management of hazardous waste) is proposed to be constructed in an environmentally disadvantaged community may submit a petition to the appropriate entity to prevent the proposed facility from being issued a permit to be constructed or to operate in that community. A petition under paragraph (1) shall be submitted in accordance with the following subparagraphs:

(a) In the case of a facility for the management of hazardous waste, the petition shall be submitted to the Commissioner.
(b) In the case of a facility for the management of municipal solid waste, the petition shall be submitted to the Commissioner or, in appropriate cases, as determined under regulations implementing this section, to the New York City Department of Sanitation.

The DEP or other authorized agency shall disapprove the petition if it is established that —

(a) The proposed facility will be located in a healthy, environmentally clean or economically advantaged community (Nonaffected); and
(b)The proposed facility will not adversely affect the human health of such community;

The DEP or other authorized agency shall disapprove the petition if the proponent(s) of the proposed facility establishes that –

(a) There is no alternative location within the state for the proposed facility that poses fewer risks to human health and the environment than the proposed facility (according to standards for comparing the degree of risk to human health and the environment promulgated in regulations by the Commissioner for purposes of this section); and
(b) The proposed facility—

(i) Will not release contaminants; or
(ii) Will not engage in any activity that is likely to increase the cumulative impact of contaminants on any residents of the environmentally disadvantaged
community; and
(iii) The project represents clear economic benefit to the community.

If more than one petition relating to the same facility is submitted, the petitions may be consolidated by the appropriate official to promote the efficient resolution and disposition of the petitions.

(2) The term `Environmentally Disadvantaged Community' means an area within 2 miles
of the borders of a site on which a facility for the management of solid waste (including a facility for the management of hazardous waste) is proposed to be constructed and in which both of the following conditions are met, using the most recent data from the Bureau of the Census:

(a) The percentage of the population consisting of all individuals who are of African, Hispanic, Asian, Native American Indian, Pacific Island, or Native
Alaskan ancestry is greater than either—
(i) The percentage of the population in the borough of all such individuals, or
(ii) The percentage of the population in the community of all such individuals; or
(b) Twenty percent or more of the population consists of individuals who are living at or below the poverty line, or the area has a per capita income of 80 percent or less of the national average for the most recent 12-month period for which statistics are available.
(c)
The area contains one or more of the following:

(i) A facility for the management of hazardous waste that is in operation.
(ii) A facility for the management of hazardous waste that is no longer in operation
but that formerly accepted hazardous waste.
(iii) A site at which a release or
threatened release of hazardous substances (within the meaning of the Comprehensive Environmental Response, Compensation, and Liability Act of1980)
has occurred.
(iv) A facility for the management of municipal solid waste.
(v) A facility whose owner or operator is required to submit a toxic chemical release form under section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023), if the releases reported on such form are likely to adversely affect the human health of the community or portion of the community.

(3) The term `Management', when used in connection with solid waste (including hazardous waste), means treatment, storage, disposal, combustion, recycling, or other handling of solid waste, but does not include any activities that take place in a materials recovery facility or any other facility that prepares, transfers, or utilizes nonhazardous recyclable materials for purposes other than energy recovery.

Section 7. Study.

Within 24 months after the enactment of this act, the Commissioner, in consultation with the Department of Sanitation, Department of Health, Department of Transportation, Metro Transit Authority (MTA), Department of Planning, New York City Economic Development Corporation and Department of Business Services shall determine the most appropriate designation of Affected and Nonaffected areas, either census blocks, census tracks, neighborhoods, communities, or other appropriate geographic unit. The Commissioner shall determine the most appropriate designation of environmentally Affected and Nonaffected areas, census blocks, census tracks, neighborhoods, communities, or other appropriate geographic unit. The Commissioner in consultation with the New York City Economic Development Corporation and the Department of Business Services shall determine the most appropriate designation of economically Affected and Nonaffected areas, either census blocks, census tracks, neighborhoods, communities, or other appropriate geographic unit shall issue for public comment a report identifying the nature and extent, if any, of acute and chronic impacts on human health, the environment or economy in affected areas as compared to less affected areas. such impacts shall include but not be limited to cancer, birth deformities, infant mortality rates, respiratory diseases, air, water, land retail, institutional, commercial and industrial issues. the report shall seek to—

(1) Isolate the impacts of environmental pollution;
(2) Segregate the effects of other factors such as health care availability or substance abuse or diet;
(3) Rank the relative risks posed by the toxic chemicals present in affected areas and by the varied sources of toxic chemicals, both individually and cumulatively;
(4) Take into account the need to remedy the impacts of pollution in high population density areas;
(5) Evaluate the levels below which release of toxic chemicals, either individually or cumulatively, must be reduced to avoid adverse impacts on human health; and
(6) Determine the impacts of uncontrolled releases;
(7) Determine the economic impacts in the area. As a result of the report in communities where the Commissioner has determined that adverse health, environment or economic impacts exist DEP shall also make this information readily available to members of the community by providing information directly to the affected communities in the affected areas about the release of toxic chemicals, the potential effects of such exposure and the economic impacts.

Section 8. Moratorium.

If the report finds significant adverse impacts of environmental pollution on human health, environment or economy in an Affected Area, there shall be a moratorium on the siting or permitting of any new toxic chemical facility in any Affected Area shown to emit toxic chemicals in quantities found to cause significant adverse impacts on human health, such area shall be designated as a protected area. A new toxic chemical facility may be cited or permitted in such an affected area during this period only if—

(1) The need for the activity is approved by appropriate governing entity;
(2) The owner or operator of the facility demonstrates to DEP that the facility will develop a plan and maintain a comprehensive pollution prevention program; and
(3) The facility demonstrates to the appropriate governing entity that it will minimize uncontrolled releases into the environment. The moratorium shall continue in effect in such a protected area until the Commissioner determines, upon petition of any interested party, that the health-based levels have been attained at the Affected Area.

Section 9. Endorsement.

If the report does not find significant adverse impacts of environmental pollution on human health in a proposed area, and if a petitioner requests an advance designation for a proposed area, there shall be a DEP endorsement on the siting or permitting of any new facility. A new facility may still be placed on the moratorium list if—

(1) The activity, due to its nature, and as determined by DEP, could negatively affect health at some future date; the endorsement shall continue in effect in such an area until the Commissioner determines, upon petition of any interested party, that the health-based levels have not been maintained at the area due to the activities of the covered facility.

Section 10. Interagency Environmental Justice Working Group.

(1) Creation and composition- there is hereby established the interagency working group on environmental justice, comprising the heads of the following executive
agencies and offices, or their designees:
(1) Department of Environmental Protection
(2) Department of Planning
(3) Department of Sanitation
(4) Department of Transportation
(5) New York City Economic Development Corporation
(6) The Council on the Environment of New York City
(7) Administration for Children’s Services
(8) Community Justice Exchange
(9) Department of Business Services
(10) Office of the Corporation Counsel
(11) Metro Transit Authority
(12) Any other official of the city that the Mayor may designate.

(2) Functions - The working group shall—

(a) Provide guidance to city agencies on criteria for identifyingdisproportionately high and adverse human health or environmental effects on
minority populations and low-income populations.
(b) Coordinate with, provide guidance to, and serve as a learning house for, each city agency as it develops or revises an environmental justice strategy as required by this act, in order to ensure that the administration, interpretation and enforcement of programs, activities, and policies are undertaken in a consistent manner.
(c)
Assist in coordinating research by, and stimulating cooperation among, the DEP, the Department of Health, Department of Planning, Department of Sanitation, Department of Transportation and other city agencies conducting research or other human health and environmental protection activities;
(d) Assist in coordinating data collection, maintenance, and analysis required by this act;
(e) Examine existing data and studies on environmental justice;
(f) Hold public meetings and otherwise solicit public participation and consider complaints;
(g) Develop interagency model projects on environmental justice that evidence cooperation among city agencies; and

(3) Public Participation - The working
group shall—

(a) Hold public meetings and otherwise solicit public participation, as appropriate, for the purpose of fact-finding with regard to implementation of this act, and prepare for public review a summary of the comments and recommendations provided; and
(b) Receive, consider, and in appropriate instances conduct inquiries concerning complaints regarding environmental justice and the implementation of this act by city agencies.

(4) Annual Reports-

(a) Each fiscal year following enactment of this act, the working group shall submit to the Mayor, a report of the final environmental justice strategies of this act and annual progress made in implementing those strategies.
(b) The Mayor shall transmit to the Speaker of the New York City Council a copy of each report submitted to the Mayor.

Section 11. City Agency Strategies.

Agency-wide strategies - Each city agency shall develop an agency wide environmental justice strategy that identifies and addresses disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations.

Revisions

- Each strategy developed shall identify programs, policies, planning, and public participation processes, rulemaking, and enforcement activities related to human health or the environment that should be revised to—

(1) Promote enforcement of all health and environmental statutes in areas with minority populations or low-income populations;
(2) Ensure greater public participation;
(3) Improve research and data collection relating to the health of and environment of minority populations and low-income populations; and
(4) Identify differential patterns of use of natural resources among minority populations and low-income populations.
(5) Timetables - each strategy developed shall include, where appropriate, a timetable for undertaking revisions identified.

This local law shall take effect 30 days after its enactment.

Environmental Justice Coalition

Maryland Environmental Justice Act

SENATE / HOUSE
BILL _____

Unofficial
Copy 2015
Regular Session
M3
3lr2411

____________________________________________________________________________________
By:
Introduced and read first time: January __, 2015
Assigned to: ______________________________
_____________________________________________________________________________________

A BILL ENTITLED

Maryland Environmental Justice Act

1 To establish a program to ensure nondiscriminatory compliance with environmental, health, and
2 safety laws, to ensure equal protection of the public health and to promote economic development in
3 underdeveloped communities. To require Maryland agencies to develop and implement policies and
4 practices that promote environmental justice, and for other purposes.

5 FOR the purpose of establishing the Commission on Environmental Justice and Sustainable Communities;

6 providing for the membership and terms of the
Commission; requiring the Governor to designate the
7 chairman of the Commission; providing for the staff, meeting times and places, and quorum of the
8 commission; prohibiting a member of the Commission from receiving compensation, but authorizing
9 certain reimbursement; providing for the duties of the Commission; requiring the Commission to submit a
10 certain report on or before a certain date each year; defining a certain term; and generally relating
11 to the Commission on Environmental Justice and Sustainable Communities.
12 BY repealing and reenacting, without amendments,
13 Article - Environment
14 Section 1-101(a) and (k)
15 Annotated Code of Maryland (1996 Replacement Volume and 2002 Supplement)
16 BY adding to Article – Environment
17 Section 1-701 to be under the new subtitle "Subtitle 7. Environmental Justice"
18 Annotated
Code of Maryland (1996 Replacement Volume and 2002 Supplement)

19 Preamble

20 WHEREAS, Environmental justice is based on the principle that regardless of race, national origin, age, or
21 income, no segment of the population should bear disproportionately high and adverse effects of
22 environmental pollution; and
23 WHEREAS, The State supports and is committed to the principle of environmental justice and equal
24 protection of all citizens of the State in a manner that fully complies with Title VI of the Civil Rights Act
25 of 1964; and
26 WHEREAS, Major statewide revitalization initiatives for reducing sprawl, encouraging redevelopment,
27 and enhancing community life address environmental conditions of our communities
and provide new
28 economic opportunities in these communities, while preserving more pristine areas from sprawl and
29 additional pollution; and
30 WHEREAS, Economic development and environmental protection are interdependent, and equal treatment
31 and opportunities must be afforded to all citizens of the State by involving affected communities; and
32 WHEREAS, Chapter 741 of the Acts of 1997 established the Maryland Advisory Council on
33 Environmental Justice, which made recommendations for assessing and implementing
environmental
34 protection to communities in a fair and equitable manner throughout the State; and
35 WHEREAS, Chapter 585 of the Acts of 2000 established the Children's Environmental Health
and
36 Protection Advisory Council to recommend, in part, solutions to environmental justice issues affecting the
37 health of children; and
38 WHEREAS, Certain communities in the State may suffer disproportionately from environmental hazards
39 related to programs and policies designed to encourage industrial, municipal, or commercial revitalization;
40 and
41 WHEREAS, Fair treatment suggests that no community should disproportionately suffer the
negative
42 environmental impacts resulting from industrial, municipal, and commercial operations or the
43 implementation of State, local, and municipal programs and policies; and
44 WHEREAS, Environmental justice considerations should be integrated into the State's revitalization
45 initiatives for reducing sprawl, encouraging redevelopment, and enhancing community life;
and
46 WHEREAS, Environmental justice does not need to hinder economic development, and economic
47 development and environmental equity in the State can and should be effectively balanced;
and
48 WHEREAS, An executive order was issued and signed by former Governor Parris Glendeningto create
49 a temporary Commission on Environmental Justice and Sustainable Communities;
50 WHEREAS, Courts have ruled that victims of environmental racial discrimination have no standing to
51 privately enforce federal agency civil rights regulations;
52 WHEREAS, Of the 130 environmental justice complaints filed by minority communities across the nation,
53 only four (4) cases have been fully investigated and EPA has ruled against all of those complainants. And
54 even if EPA ruled in favor of such complainants for an environmental civil rights violation, the agency
55 would be powerless to provide any relief to the complaining community.
56 WHEREAS, Although environmental and health data of toxic chemical releases are not routinely
collected
57 and analyzed by income and race, racial and ethnic minorities and lower income Americans may be
58 disproportionately exposed to toxic chemicals in their residential and workplace environments.
59 WHEREAS, the MDE does not investigate whether county departments of environment are complying
60 with its civil rights obligation.
61 WHEREAS, the MDE cannot provide any effective relief to a civil rights complainant under its own
62 regulations.
63 WHEREAS, the sole relief available for victims of environmental civil rights violations is through a
64 private action against a state if the community can prove intentional discrimination. To date, no
65 such action has been successful.
66 Now, therefore,
67 BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of
68 Maryland read as follows:
69 Article – Environment
70 1-101.
71 (a) In this article the following words have the meanings indicated.
72 (k) "Secretary" means the Secretary of the Environment.

73 SUBTITLE 7. ENVIRONMENTAL JUSTICE

74 1-701.

75 (A) IN THIS SECTION, "ENVIRONMENTAL
JUSTICE" MEANS EQUAL

76 PROTECTION FROM ENVIRONMENTAL AND PUBLIC HEALTH HAZARDS FOR ALL

77 PEOPLE REGARDLESS OF RACE, INCOME, CULTURE, AND SOCIAL STATUS.

78 (B) THERE IS A COMMISSION ON ENVIRONMENTAL JUSTICE AND

79 SUSTAINABLE COMMUNITIES.

80 (C) THE COMMISSION CONSISTS OF THE FOLLOWING 15 MEMBERS:
81 (1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE
82 PRESIDENT OF THE SENATE;
83 (2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE
84 SPEAKER OF THE HOUSE;
85 (3) THE SECRETARY, OR THE SECRETARY'S
DESIGNEE;
86 (4) THE SECRETARY OF HEALTH AND MENTAL HYGIENE, OR THE
87 SECRETARY'S DESIGNEE;
88 (5) THE SECRETARY OF PLANNING, OR THE
SECRETARY'S DESIGNEE;
89 AND
90 (6) TEN MEMBERS APPOINTED BY THE GOVERNOR WHO REPRESENT
91 THE FOLLOWING INTERESTS:
92 (I) AFFECTED COMMUNITIES CONCERNED WITH ENVIRONMENTAL
93 JUSTICE;
94 (II) BUSINESS ORGANIZATIONS;
95 (III) ENVIRONMENTAL ORGANIZATIONS;
96 (IV) HEALTH EXPERTS ON ENVIRONMENTAL JUSTICE;
97 (V) LOCAL GOVERNMENT; AND
98 (VI) THE GENERAL PUBLIC WITH INTEREST OR EXPERTISE IN
99 ENVIRONMENTAL JUSTICE.
100 (D) (1) THE TERM OF A MEMBER APPOINTED BY THE GOVERNOR IS 3 YEARS.
101 (2) AT THE END OF A TERM, A MEMBER CONTINUES TO SERVE UNTIL A
102 SUCCESSOR IS APPOINTED AND QUALIFIES.
103 (3) A MEMBER WHO IS APPOINTED AFTER A TERM HAS BEGUN SERVES
104 ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED AND
105 QUALIFIES.
106 (4) A MEMBER MAY NOT BE APPOINTED TO MORE THAN TWO
107 CONSECUTIVE TERMS.
108 (E) THE GOVERNOR SHALL DESIGNATE THE CHAIRMAN OF THE COMMISSION.
109 (F) THE DEPARTMENT SHALL PROVIDE STAFF FOR THE COMMISSION.
110 (G) (1) THE COMMISSION SHALL MEET AT THE TIMES AND PLACES THAT
111 THE CHAIRMAN DETERMINES.
112 (2) A MAJORITY OF MEMBERS OF THE COMMISSION SHALL CONSTITUTE
113 A QUORUM FOR THE TRANSACTION OF BUSINESS.
114 (3) A MEMBER OF THE COMMISSION:
115 (I) MAY NOT RECEIVE COMPENSATION; BUT
116 (II) IS ENTITLED TO REIMBURSEMENT FOR EXPENSES UNDER THE
117 STANDARD STATE TRAVEL REGULATIONS, AS
PROVIDED IN THE STATE BUDGET.
118 (H) THE COMMISSION SHALL:
119 (1) ADVISE STATE GOVERNMENT AGENCIES ON ENVIRONMENTAL
120 JUSTICE AND RELATED COMMUNITY ISSUES;
121 (2) REVIEW AND ANALYZE THE IMPACT OF CURRENT STATE LAWS AND
122 POLICIES ON THE ISSUE OF NVIRONMENTAL
JUSTICE AND SUSTAINABLE
123 COMMUNITIES;
124 (3) ASSESS THE ADEQUACY OF STATE AND LOCAL GOVERNMENT LAWS
125 TO ADDRESS THE ISSUE OF NVIRONMENTAL JUSTICE AND SUSTAINABLE
126 COMMUNITIES;
127 (4) COORDINATE WITH THE CHILDREN'S
ENVIRONMENTAL HEALTH AND
128 PROTECTION ADVISORY COUNCIL ON
RECOMMENDATIONS RELATED TO
129 ENVIRONMENTAL JUSTICE AND SUSTAINABLE COMMUNITIES;
130 (5) DEVELOP CRITERIA TO ASSESS WHETHER
COMMUNITIES IN THE
131 STATE MAY BE EXPERIENCING ENVIRONMENTAL
JUSTICE ISSUES; AND
132 (6) RECOMMEND OPTIONS TO THE GOVERNOR FOR ADDRESSING
133 ISSUES, CONCERNS, OR PROBLEMS RELATED TO ENVIRONMENTAL JUSTICE THAT
134 SURFACE AFTER REVIEWING STATE LAWS AND POLICIES, INCLUDING PRIORITIZING
135 AREAS OF THE STATE THAT NEED IMMEDIATE ATTENTION.
136 ON OR BEFORE OCTOBER 1 OF EACH YEAR, THE COMMISSION SHALL REPORT ITS
137 FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR AND, SUBJECT TO § 2-1246 OF
138 THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY.

139 1-702

140 (A) HUMAN HEALTH, ENVIRONMENTAL RESEARCH, DATA COLLECTION AND
141 ANALYSIS.

142 (1) DISPROPORTIONATE IMPACT- To the extent
permitted by other
143 applicable law, includingsection 552a of title 5, United States Code,
144 popularly known as thePrivacy Act of 1974, the SECRETARY of the
145 MARYLAND DEPARTMENT OF THE
ENVIRONMENT, or the head of such other
146 STATE agency as the GOVERNORmay direct, shall collect, maintain, and
147 analyze information assessing and comparing environmental and human
148 health risks borne by populations identified by race, national origin, or
149 income. To the extent practical and appropriate, STATE agencies shall use
150 this information to determine whether their programs, policies, and
151 activities have disproportionately high and adverse human health,
152 environmental or economic effects on minority populations and low-
153 income populations.
154 (2) INFORMATION RELATED TO NON-FEDERAL FACILITIES- In connection with
155 the development and implementation of agency strategies in section 4, the
156 SECRETARY, or the head of such other STATE agency as the GOVERNOR may
157 direct, shall collect, maintain, and analyze information on the race,
158 national origin, and income level, and other readily accessible and
159 appropriate information, for areas surrounding facilities or sites
160 expected to have a substantial environmental, human health, or
161 economic effect on the surrounding populations, if such facilities or sites
162 become the subject of a substantial STATE environmental, administrative
163 or judicial action.
164 (3) IMPACT FROM STATE FACILITIES- The SECRETARY, or the head of such
165 other Federal agency as the President may direct, shall collect,
166 maintain, and analyze information on the race, national origin, and
167 income level, and other readily accessible and appropriate information,
168 for areas surrounding Federal facilities that are—
169 (a) subject to the reporting requirements under the
170 emergency Planning and Community Right-to-Know Act (42 U.S.C. 11001 et
171 seq.) as mandated in Executive Order No. 12856; and
172 (b) expected to have a substantial environmental, human
173 health, or economic effect on surrounding populations.
174 (c) INFORMATION SHARING (1) In carrying
out the
175 responsibilities in this section, each STATE agency, to the extent
176 practicable and appropriate, shall share information and eliminate
177 unnecessary duplication of efforts through the use of existing data
178 systems and cooperative agreements among STATE agencies and with
179 COUNTY.AND local governments. (2) Except as prohibited by other
180 applicable law, information collected or maintained pursuant to this
181 section shall be made available to the public.
182 (4) PUBLIC COMMENT- state agencies shall provide minority populations
183 and low-income populations the opportunity to participate in the
184 development, design, and conduct of activities undertaken pursuant to
185 this section.

186 (b) purposes and policies

187 1. To provide a citizen lawsuit provision to allow
potential
188 victims of environmental race discrimination to enforce the EJA and the
189 regulations promulgated thereunder.
190 2. To provide a citizen endorsement provision to
allow
191 potential beneficiaries of nonpolluting economic development to enforce
192 the EJA and the regulations promulgated thereunder.
193 3. To establish the criteria for determining potential
194 violations and endorsements based on comparative community health
195 statistics, comparative community pollution sources and comparative
196 community economic development.
197 4. To address: a) acts of discrimination, b) existing comparative
198 community health, c) existing comparative community pollution sources
199 and d) existing comparative economic analyses and planned economic
200 development.
201 5. To direct to accept and investigate all community
202 complaints and recommendations related to development
203 projects, whether filed before or after issuance of construction and
204 operating permits.
205 6. To empower citizens, and mde at the request of citizens, to
206 obtain injunctions to prevent construction and operation of
207 discriminatory polluting facilities and operations that violate the
208 EJA regulations. To empower citizens, and mde at the request of
209 citizens, to endorse the construction and operation of nondiscriminatory
210 nonpolluting facilities and operations that do not
211 violate EJA regulations.
212 7. To provide a definitive permitting process regarding
213 demographics for citizens, developers, government agencies and
214 investors.
215 8. To direct the mde to develop EJA regulations.
216 9. To identify those areas with the largest releases of toxic
217 chemicals to the air, land, water, and workplace. To identify those areas
218 that are subject to the most severe loadings of toxic chemicals, through
219 all media.
220 10. To require the collection of data on
environmental health
221 effects so that impacts on different individuals or groups can be
222 understood. To assess the health effects that may be caused by emissions
223 in those areas of highest environmental impact;
224 11. To ensure that groups or individuals
residing within High
225 Environmental Impact Areas have the opportunity and the resources to
226 participate in the technical PROCESS, WHICH will determine the possible
227 existence of adverse health impacts;
228 12. To identify those activities in high
environmental impact
229 areas found to have significant adverse impacts on human health;
230 13. To incorporate environmental equity
considerations into
231 planning and implementation of all state environmental programs and
232 statutes. To require that actions be taken by authorized state agencies
233 to curtail those activities found to be having significant adverse impacts
234 on human health in those areas of highest impact;
235 14. To ensure that significant adverse health
impacts that may
236 be associated with environmental pollution in maryland are not
237 distributed inequitably.
238 15. To focus state agency attention on the
environmental and
239 human health conditions in minority and low-income communities;
240 16. To ensure that all state agencies develop practices that
241 promote environmental justice;
242 17. To increase cooperation and coordination among state
243 agencies as they seek to achieve environmental justice;
244 18. To provide minority and low-income
communities greater
245 access to public information and opportunity for participation in
246 decisionmaking affecting human health and the environment;
247 19.To mitigate the inequitable distribution of the burdens and
248 benefits of state programs having significant impact on human health and
249 the environment; and
250 20. To hold state agencies accountable for the effects of their
251 projects and programs on all communities.

252 (C) DEFINITIONS.

253 For the purposes of this Act:

254 (1) The term 'secretary' means the maryland department of the
255 environment.
256 (2) The term 'Affected Area' means any area determined by mde that
257 suffers disproportionately from negative health, environmental or
258 economic impacts.
259 (3) The term 'Protected Area' means any Affected Area protected by
260 local community designation and supported by mde analysis.
261 (4) The term 'Brownfield' means any previously
developed and
262 currently polluted area selected by local community designation and
263 supported by mde analysis that is targeted for redevelopment.
264 (5) The term 'Pollution Releasing Facility' (PRF) means any facility
265 that is permitted on the following list: Comprehensive Environmental
266 Response, Compensation and Liability Act of 1980 (CERCLA), Resource
267 Conservation Recovery Act (RCRA-Large), Clean Air Act, Clean Water Act,
268 Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA), Emergency
269 Planning and Community Right-to-Know Act of 1986 or any dangerous
270 undocumented source of pollution that is determined by the local
271 community and confirmed by mde. Specifically, any facility:
272 (A) subject to reporting requirements under
the Emergency
273 Planning and Community Right-to-Know Act of 1986;
274 (B) that generates, treats, stores or disposes of a hazardous
275 waste as defined in section 3001 of the Solid Waste Disposal Act;
276 (C) subject to section 112 or 129 of the Clean Air Act;
277 (D) subject to sections 307 or 311 of the Federal Water Pollution 278 Control Act (33 U.S.C. 1251
et seq.);
279 (E) subject to the Federal Insecticide, Fungicide and Rodenticide
280 Act (7 U.S.C. 136 et seq.); or
281 (F) subject to the requirements concerning material safety
282 data sheets for hazardous chemicals under the Occupational and Safety
283 and Health Act of 1970 (15 U.S.C. 615 et seq.). For the purpose of this Act the
284 term `toxic chemical facility' shall include any facility that releases a
285 toxic chemical.
286 (6) The term 'Nonpollution Releasing Facility' (NRF) means any
287 facility that is not permitted on the following list: CERCLA, RCRA (Large),
288 Clean Air Act, Clean Water Act, FIFRA, Emergency Planning and Community
289 Right-to-Know Act of 1986 or is not an undocumented source of pollution
290 as determined by the local community and confirmed by mde. An NRF does
291 not include specific items listed under Section 4, Part 5.
292 (7) The term `toxic chemicals' means—
293 (A) all hazardous substances as defined in
section 101(14) of the
294 Comprehensive Environmental Response, Compensation and Liability Act of
295 1980 (42 U.S.C. 9601(14);
296 (B) all materials registered pursuant to
the Federal
297 Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.);
298 (C) all chemicals subject to section 313 of
the Emergency
299 Planning and Community Right-to-Know Act of 1986;
300 (D) all contaminants identified in the Safe
Drinking Water Act
301 (42 U.S.C. 300g-1);
302 (E) all chemicals listed by the National Toxicology Program as
303 known or probable human carcinogens; and
304 (F) all materials subject to the requirements concerning
305 material safety data sheets for hazardous chemicals under the
306 Occupational and Safety and Health Act of 1970 (15 U.S.C. 615 et seq.).
307 (8) The term `release' shall have the same meaning as used in section
308 101(22) of the Comprehensive Environmental Response, Compensation and
309 Liability Act of 1990 as amended by the Superfund Amendments and
310 Reauthorization Act of 1986, and shall also include any release which
311 results in exposure to persons within a workplace.
312 (9)
The term `toxic chemical facility' means any facility—
313 (10) The term 'environmental justice' means the fair treatment of
314 people of all races, cultures, and socioeconomic groups with respect to
315 the development, adoption, implementation, and enforcement of laws,
316 regulations, and policies affecting the environment.
317 (11) The term `fair treatment' means policies and
practices that will
318 minimize the likelihood that a minority or low-income community will
319 bear a disproportionate share of the adverse environmental
320 consequences, or be denied reasonable access to the environmental
321 benefits, resulting from implementation of a state program or policy. (A)
322 The term 'environmental justice' means the fair treatment of people of all
323 races, cultures, and socioeconomic groups with respect to the
324 development, adoption, implementation, and enforcement of laws,
325 regulations, and policies affecting the environment.
326 (12) The term `state agency' means-
327 (A) each state entity represented on the Working Group;
328 (B) any other entity that conducts any state program or
329 activity that substantially affects human health or the environment;
330 and
331 (C) each state agency that implements any program, policy, or activity
332 applicable to low-income Americans.
333 (13)
WORKING GROUP- The term `Working Group'
means the interagency
334 working group established by
Section 11.
335 (14) ADVISORY COMMITTEE- The term `the Advisory Committee' means
336 the advisory committee established by Section
1-701 b.

337 (D) IDENTIFICATION OF AFFECTED AND
NONAFFECTED AREAS

338 (1) DETERMINATION OF IMPACTED AND NONIMPACTED AREAS- Within six
339 months after the date of enactment, the secretary in consultation with
340 the Agency for Toxic Substances and Disease Registry, Centers for Disease
341 Control, the National Institute for Environmental Health Sciences, the
342 National Center for Health Statistics and the Bureau of the Census, shall
343 determine the most appropriate designation of health-related Affected
344 and Nonaffected Areas, either census blocks, census tracks,
345 neighborhoods, communities, cities, counties, States or other appropriate
346 geographic unit. The secretary shall determine the most appropriate
347 designation of environmentally Affected and Nonaffected Areas, census
348 blocks, census tracks, neighborhoods, communities, cities, counties, States
349 or other appropriate geographic unit. The secretary in consultation with
350 the Department of Commerce, Department of Labor, Department of
351 Treasury and the Bureau of the Census, shall determine the most
352 appropriate designation of economically Affected and Nonaffected areas,
353 either census blocks, census tracks, neighborhoods, communities, cities,
354 counties, States or other appropriate geographic unit.
355 (2) PUBLICATION OF LIST- Within twelve months after the date of
356 enactment of this Act, the secretary shall publish a list, in rank order, of
357 the total demographic of illnesses, weight of toxic chemicals released in
358 each county and level of economic development for the established
359 geographic unit in maryland during the most recent five-year period for
360 which data are available. If less than five years of data are available the
361 secretary shall use available data until further information is reported.
362 (3) COMPILATION OF LIST- (a) In compiling the list under subsection (2), the
363 secretary shall consider and utilize all appropriate and available data
364 compiled pursuant to any health, environmental or economic regulatory
365 authority and other sources, including available data on the presence of
366 lead-based paint and toxic chemicals from mobile vehicles. (b) For
367 each appropriate geographic unit the secretary shall calculate and
368 compile in a data base—
369 (1) the total weight of toxic chemicals released into the ambient
370 environment;
371 (2) the total weight of toxic chemicals released into each
372 environmental media (air, water, land, workplace); and
373 (3) the total weight of each toxic chemical released into the
374 ambient environment, and into each environmental media (air, water, land,
375 and WORKPLACE);
376 and whenever possible shall adjust the estimates of each of the items in
377 subparagraphs (1) through (3) to account for the severity of health issues,
378 toxicity of the toxic chemicals and level of economic development.
379 (4) Within six months after the date of enactment the secretary shall
380 review the methodology used to compile and summarize information
381 collected under section 313 of the Emergency Planning and Community
382 Right-to-Know Act, and publish for public comment any proposed changes
383 to the methodology necessary to calculate and compile the state
384 information required in paragraph (1).
385 (5) The Administrator shall
revise and republish the list described in
386 subsections (3) and (3) by the date that is five years after the date of initial
387 publication, and not less frequently than every five years thereafter,
388 using data compiled during the preceding five-year period.
389 (6) AFFECTED AND NONAFFECTED AREAS- (1) Within twelve months after the
390 date of enactment, and every five years thereafter, the secretary shall
391 publish a list of the one hundred counties or other appropriate
392 geographic unit with the highest and lowest total illnesses, toxic
393 chemical releases and economic development based on the list published
394 in subsection (b). Such counties or other appropriate geographic unit shall
395 be designated as `Affected or Nonaffected Areas'.

396 (E) TECHNICAL ASSISTANCE GRANTS.

397 (1) IN GENERAL- Subject to appropriations, the Secretary may award a
398 grant to any individual or group of individuals who may be affected by a
399 release or threatened release of a toxic chemical from any toxic
400 chemical facility in an environmental high impact area.
401 (2) GRANT REQUIREMENTS- (1) A grant awarded under this section shall—
402 (A) be designed to facilitate access by representatives of
403 environmental high impact areas to the activities that involve public
404 participation under this Act and any other related law.
405 (B) be used to obtain technical assistance; and
406 (C) be in an amount not to exceed $5,000.
407 (3) Each grant recipient shall be required, as a condition of the grant, to
408 pay a non-state share equal to 20 percent of the grant amount. The
409 secretary may waive the 20 percent contribution requirement if the grant
410 recipient demonstrates financial need to the satisfaction of the
411 secretary. Not more than one grant may be made with respect to each
412 environmental high impact area for the period of a grant (as determined
413 by the secretary). At the end of the period, a grant may be renewed if the
414 secretary determines that the renewal is necessary to facilitate public
415 participation.

416 (F) PETITION RELATING TO ENVIRONMENTALLY DISADVANTAGED
COMMUNITIES.

417 (1) RIGHT TO PETITION- (1) Any citizen
residing in a county in which a new
418 facility for the management of solid waste (including a new facility for
419 the management of hazardous waste) is proposed to be constructed in an
420 environmentally disadvantaged community may submit a petition to the
421 appropriate entity (described in paragraph (2)) to prevent the proposed
422 facility from being issued a permit to be constructed or to operate in that
423 community.
424 (a) A petition under paragraph (1) shall be submitted in accordance
425 with the following subparagraphs:
426 (A) In the case of a facility for the management of hazardous waste,
427 the petition shall be submitted to the secretary or, in the case of a county
428 with an authorized program, to the county.
429 (B) In the case
of a facility for the management of municipal solid
430 waste, the petition shall be submitted to the secretary or, in appropriate
431 cases, as determined under regulations implementing this section, to the
432 county.
433 Subject to paragraph (3), the mde shall disapprove the petition if it is
434 (2) established that—
435 (A) the proposed facility will be located in a
health, environmental
436 or economically disadvantaged community; and
437 (B) the proposed facility may adversely affect—
438 (i) the human health of such community or a portion of such
439 community; or
440 (ii) the air, soil, water, or other elements of the environment
441 of such community or a portion of such community.
442 (3) After the petitioner has satisfied the requirement of paragraph (2),
443 the mde shall approve the petition only if the PROPONENT(s) of the proposed
444 facility establishes that –
445 (A) there is no alternative location within the State for the
446 proposed facility that poses fewer risks to human health and the
447 environment than the proposed facility (according to standards for
448 comparing the degree of risk to human health and the environment
449 promulgated in regulations by the secretary for purposes of this section); and
450 (B) the proposed facility—
451 (i) will not release contaminants; or
452 (ii) will not engage in any activity that is likely to increase
453 the cumulative impact of contaminants on any residents of the
454 environmentally disadvantaged community; and
455 (iii) the project represents clear economic benefit to the
456 community.
457 (4) If more than one
petition relating to the same facility is submitted, the
458 petitions may be consolidated by the appropriate official to promote the
459 efficient resolution and disposition of the petitions.
460 (5) DEFINITIONS- For purposes of this section:
461 (a) The term `environmentally disadvantaged community' means an
462 area within 2 miles of the borders of a site on which a facility for the
463 management of solid waste (including a facility for the management of
464 hazardous waste) is proposed to be constructed and in which both of the
465 following conditions are met, USING the most recent data from the Bureau
466 of the Census:
467 (1)(a) The percentage of the population consisting
of all
468 individuals who are of African, Hispanic, Asian, Native American Indian,
469 Pacific Island, or Native Alaskan ancestry is greater than either—
470 (I)
the percentage of the population in the county of all
471 such individuals, or
472 (II) the percentage of the population in the state of all
473 such individuals; or
474 (2)(b) twenty percent or more of the population
consists of
475 individuals who are living at or below the poverty line, or
476 (I) the area has a per capita income of 80 percent or less of
477 the national average,
478 for the most recent 12-month period for which statistics are available.
479 (3)(c) The area contains one or more of the
following:
480 (i) A facility for the management of hazardous waste
481 that is in operation.
482 (ii) A facility for the management of hazardous waste
483 that is no longer in operation but that formerly accepted hazardous
484 waste.
485 (iii) A site at which a release or threatened release of
486 hazardous substances (within the meaning of the Comprehensive
487 Environmental Response, Compensation, and Liability Act of 1980) has
488 occurred.
489 (iv) A facility for the management of municipal solid
490 waste.
491 (v) A facility whose owner or operator is required to
492 submit a toxic chemical release form under section 313 of the Emergency
493 Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023), if the
494 releases reported on such form are likely to adversely affect the human
495 health of the community or portion of the community, as determined by
496 the entity that would be appropriate under subsection (a)(2) if a petition
497 were filed with respect to the facility.
498 (b) The term
`management', when used in connection with solid waste
499 (including hazardous waste), means treatment, storage, disposal,
500 combustion, recycling, or other handling of solid waste, but does not
501 include any activities that take place in a materials recovery facility or
502 any other facility that prepares, transfers, or utilizes nonhazardous recyclable materials for
purposes other than energy recovery.
503 (c) The terms `release' and `contaminant' have the meanings
504 prescribed by the secretary for purposes of
this section.

505 (G) STUDY.

506 Within 24 months after the enactment of this Act, the secretary, in
507 consultation with the Secretary of the Department of Labor, the Bureau
508 of Indian Affairs, the Agency for Toxic Substances and Disease Registry,
509 Centers for Disease Control, the National Institute for Environmental
510 Health Sciences, the National Center for Health Statistics and the Bureau
511 of the Census, shall determine the most appropriate designation
512 of Affected and Nonaffected Areas, either census blocks, census tracks,
513 neighborhoods, communities, cities, counties, States or other appropriate
514 geographic unit. The secretary shall determine the most appropriate
515 designation of environmentally Affected and Nonaffected Areas, census
516 blocks, census tracks, neighborhoods, communities, cities, counties or
517 other appropriate geographic unit. The secretary in consultation with the
518 Department of Commerce, Department of Labor, Department of Treasury
519 and the Bureau of the Census, shall determine the most appropriate
520 designation of economically Affected and Nonaffected areas, either
521 census blocks, census tracks, neighborhoods, communities, cities, counties,
522 States or other appropriate geographic unit shall issue for public
523 comment a report identifying the nature and extent, if any, of acute and
524 chronic impacts on human health, the environment or economy in Affected
525 Areas as compared to less affected areas. Such impacts shall include but
526 not be limited to cancer, birth deformities, infant mortality
527 rates, respiratory diseases, air, water, land retail,
institutional,
528 commercial and industrial issues. The report shall seek to—
529 (1) isolate the impacts of environmental pollution;
530 (2) segregate the effects of other factors such as health care
531 availability or substance abuse or diet;
532 (3) rank the relative risks posed by the toxic chemicals present in
533 Affected Areas and by the varied sources of toxic chemicals, both
534 individually and cumulatively;
535 (4) take into account the need to remedy the impacts of pollution in
536 high population density areas;
537 (5) evaluate the levels below which release of toxic chemicals,
538 either individually or cumulatively, must be reduced to avoid adverse
539 impacts on human health; and
540 (6) determine the impacts of uncontrolled releases;
541 (7) determine the economic impacts in the area.
542 As a result of the report in communities where the secretary has
543 determined that adverse health, environment or economic impacts exist
544 mde shall also make this information readily available to members of the
545 community by providing information directly to the affected communities
546 in the Affected Areas about the release of toxic chemicals, the potential
547 effects of such exposure and the economic
impacts.

548 (H) MORATORIUM.

549 If the report under Section (f) finds significant adverse impacts of
550 environmental pollution on human health, environment or economy in
551 Affected Area, there shall be a moratorium on the siting or permitting of
552 any new toxic chemical facility in any Affected Area shown to emit toxic
553 chemicals in quantities found to cause significant adverse impacts on
554 human health. Such area shall be designated as a Protected Area. A new
555 toxic chemical facility may be cited or permitted in such an Affected Area
556 during this period only if—
557 (1) the need for the activity is approved by appropriate governing
558 entity;
559 (2) the owner or operator of the facility demonstrates to mde
560 that the facility will develop a plan and maintain a
comprehensive
561 pollution prevention program; and
562 (3) the facility demonstrates to the appropriate governing entity
563 that it will minimize uncontrolled releases into the environment.
564 The moratorium shall continue in effect in such a Protected Area until
565 the secretary determines, upon petition of any interested party, that the
566 health-based levels have been attained at the
Affected Area.

567 (I) ENDORSEMENT.

568 If the report under Section (f) does not find significant adverse impacts of
569 environmental pollution on human health in a proposed area, and if a
570 petitioner requests an advance designation of a proposed area, there
571 shall be an mde endorsement on the siting or permitting of any
572 new facility. A new facility may still be placed on the moratorium list if—
573 (1) the activity, due to its nature, and as determined by mde, could
574 negatively affect health at some future date;
575 The endorsement shall continue in effect in such an area until the
576 Administrator determines, upon petition of any interested party, that the
577 health-based levels identified pursuant to Section (f) have not been
578 maintained at the area due to the activities of the covered facility.

579 (j) INTERAGENCY ENVIRONMENTAL JUSTICE
WORKING GROUP.

580 (1) CREATION AND COMPOSITION- There is hereby established the Interagency
581 Working Group on Environmental Justice, comprising the heads of the
582 following executive agencies and offices, or their designees:
583 (1) The Department of aging
584 (2) The Department of agriculture
585 (3) The
Department of budget & management
586 (4) The Department of business & economic development
587 (5) The Department of education
588 (6) The Department of general services
589 (7) The Department of health and Mental hygiene
590 (8) The Department of housing & community development
591 (9) The Department of human resources
592 (10) The Department of juvenile justice
593 (11) The department of labor, licensing & regulation 594 (12) The department of natural resources.
595 (13) The department of public safety & correctional services
596 (14) The state police
597 (15) The department of planning
598 (16) The department of transportation
599 (17) The department of veterans affairs
600 (18) Any other official of the state of maryland that the governor
601 may designate.
602 (2) FUNCTIONS- The Working Group shall—
603 (a) provide guidance to state agencies on criteria for
604 identifying disproportionately high and adverse human health or
605 environmental effects on minority populations and low-income
606 populations;
607 (b) coordinate with, provide guidance to, and serve as a
608 learinghouse for, each state agency as it develops or revises an
609 environmental justice strategy as required by this Act, in order to ensure
610 that the administration, interpretation and enforcement of programs,
611 activities, and policies are undertaken in a consistent manner;
612 (c) assist in coordinating research by, and
stimulating
613 cooperation among, the maryland department of the environment, the
614 Department of Health and mental hygiene, the Department of Housing and
615 community Development,
616 and other state agencies conducting research or other human health and
617 environmental protection activities;
618 (d) assist in coordinating data collection, maintenance, and
619 analysis required by this Act;
620 (e) examine existing data and studies on environmental justice;
621 (f) hold public meetings and otherwise solicit public
622 participation and consider complaints as required under subsection
(c);
623 and
624 (g) develop interagency model projects on environmental
625 justice that evidence cooperation among state agencies; and
626 (3) PUBLIC PARTICIPATION-
The Working Group shall—
627 (a) hold public meetings and otherwise solicit public
628 participation, as appropriate, for the purpose of fact-finding with regard
629 to implementation of this Act, and prepare for public review a summary of
630 the comments and recommendations provided; and
631 (b)
receive, consider, and in appropriate instances conduct
632 inquiries concerning complaints regarding environmental justice and the
633 implementation of this Act by state agencies.
634 (4) ANNUAL REPORTS-
635
(a) Each fiscal year following enactment of this Act,
636 the Working Group shall submit to the governor, a report of the final
637 environmental justice strategies of this Act and annual progress made in
638 implementing those strategies.
639 (b) The governor shall transmit to the president of the
640 maryland senate and the majority leader of the House of delegates, a
641 copy of each report submitted to the governor.

642 (K) state AGENCY
STRATEGIES.

643 (1) AGENCY-WIDE STRATEGIES- Each state agency shall develop an agency-
644 wide environmental justice strategy that identifies and addresses
645 disproportionately high and adverse human health or environmental
646 effects of its programs, policies, and activities on minority populations
647 and low-income populations.
648 (2) REVISIONS- Each strategy
developed pursuant to subsection (1) shall
649 identify programs, policies, planning, and public participation processes,
650 rulemaking, and enforcement activities related to human health or the
651 environment that should be revised to—
652 (1) promote
enforcement of all health and environmental statutes
653 in areas with minority populations or low-income populations;
654 (2) ensure greater public participation;
655 (3) improve research and data collection relating to the health of
656 and environment of minority populations and low-income populations; and
657 (4) identify
differential patterns of use of natural resources among
658 minority populations and low-income populations.
659 (3) TIMETABLES- Each strategy developed pursuant to subsection (a) shall
660 include, where appropriate, a timetable for undertaking revisions
661 identified pursuant to subsection (b).

662 (L) AND BE IT FURTHER ENACTED, that this Act shall take effect October 1, 2015.

Environmenal Justice Coalition

Mount Vernon, NY EJ Bill

Mount Vernon Environmental Justice Act

By Council Member ________________

A Local Law

To amend the administrative code of the city of Mount
Vernon, New York, in relation to requiring city agencies to develop and implement policies and programs to ensure nondiscriminatory compliance with environmental, energy, health and safety laws.

Be it enacted by the Council as follows:

Section 1. Legislative findings and intent. The Council finds that policy development, decision-making and actions of the city should reflect fairness in the distribution of environmental burdens and benefits, and that actions taken to protect City residents from shouldering an unjust share of environmental burdens or to assure that City residents receive
an equitable share of environmental benefits reflect an appropriate exercise of the City’s police power.

The Council further finds that all city residents are entitled to equal protection of their health, safety and welfare and that those aims cannot be achieved
without protection of our natural resources and environment throughout the city.

Therefore, the Council finds that it is the best interests of the City to enact an environmental justice law
designed to improve equity and address unintentional adverse impacts upon communities or groups resulting from environmental policy development,
decision-making and actions of the city.

Part 2, General Legislation of the administrative code of the city of Mount Vernon is amended by adding a
new Chapter 77 to read as follows:

Chapter 77 Environmental Justice

§ 77-1 Definitions.
§ 77-2 Advisory Board on environmental justice.

§ 24-193 Health, environmental research, data collection and analysis assessing disproportionate
impact.
§ 24-194 Determination of affected and non-affected areas.
§ 24-195 Petitions relating to environmentally disadvantaged and advantaged communities.
§ 24-196 Study of affected and non-affected areas.
§ 24-197 Moratorium.
§ 24-198 Endorsement.
§ 24-199 Interagency environmental justice working group.
§ 24-199a Agency strategies.

§77-1. Definitions. For purposes of this section, the following terms shall have the following meanings:
(1) “Advisory board” shall mean the Advisory Board on Environmental Justice.
(2) “Commissioner” shall mean the Commissioner of the Department of Planning and Community Development.
(3) “Department” shall mean the Department of Planning and Community Development.
(4) "Environmental benefits" shall mean access to funding, open space, enforcement, technical assistance, or training including, but not limited to, grants, environmental benefits packages and supplemental environmental projects, environmental quality improvement initiatives, distribution of environmental funding from the City and other governmental entities, open space purchases, greening initiatives and full access to the waterfront and to all of the usual benefits associated with residence near a waterfront and any other
beneficial resources disbursed by the City of Mount Vernon, its agencies, and its offices.
(5) “Environmental justice” shall mean the equal protection and meaningful Involvement of all people with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies and the equitable distribution of environmental benefits.
(6) "Environmental justice population" shall mean a neighborhood whose population is made up twenty five percent minority or susceptible populations.
(7)"Equal protection" shall mean that no group of people, because of race, ethnicity, class, gender, handicap or status as a susceptible or vulnerable individual bears an unfair share of environmental pollution from industrial, commercial, state and municipal operations or shall be denied reasonable access to the environmental benefits resulting from a city program or policy or have limited access to natural resources, including green space ,open space and water resources as a result of city agency policies, decisions or actions.
(8) "Low Income" shall mean an income below the median annual household income for New York State, according to federal census data.
(9) "Meaningful Involvement" shall mean the right to participate in partnership with government in environmental decision-making including needs assessment, planning, implementation, enforcement, and evaluation, and shall mean that neighborhoods
are enabled and administratively assisted to participate fully through education and training and encouraged to develop environmental stewardship.
(10) "Minority” shall mean individuals who identify themselves on federal census forms as non-white or Hispanic.
(11) "Neighborhood” shall mean a census block group as defined by the U.S. Census Bureau but not including people who live in college dormitories or people under formally authorized, supervised care or custody (i.e. in federal or state prisons)
(12) "Supplemental environmental project" shall mean the performance of environmentally beneficial projects in the settlement of environmental enforcement cases as set forth in the State Department of Environmental Conservation "Interim
Policy on Supplemental Environmental Projects".
(13) “Vulnerable individual” shall mean an individual with a physical disability, a person sixty-five years of age or older and a person under the age of sixteen.
(14) "Management," when used in connection with
solid waste, including hazardous waste, shall mean
treatment, storage, disposal, combustion, recycling or other handling of solid waste, but does not include any activities that take place in a materials recovery facility or any other facility that prepares, transfers, or
utilizes non-hazardous recyclable materials for purposes other than energy recovery.
(15)“Permitted facility,” shall mean any facility that is permitted pursuant to the resource conservation
recovery act, the clean air act, the clean water act; the emergency planning and community right-to-know act of 1986, or any facility subject to reporting
under the Mount Vernon community right-to-know act, that generates, treats, stores or disposes of a hazardous waste as defined in section 3001 of the solid waste disposal act, or any facility that is subject to section 112 or 129 of the clean air act, or subject to sections 307 or 311 of the federal water pollution control act.
(16) “Protected area” shall mean any affected area protected by local community designation and supported by Department of Planning and Community Development analysis.
(17) “Release” shall have the same meaning as used in section 101(22) of the comprehensive environmental response, compensation and liability act, asamended by the superfund amendments and reauthorization Act of 1986
(18) “Toxic chemicals” shall mean:

(a) All hazardous substances as defined in section 101(18) of the comprehensive environmental response, compensation and liability act of 1980;
(b) All materials registered pursuant to the federal insecticide, fungicide and rodenticide act;
(c) All chemicals subject to section 313 of the emergency planning and community right-to-know
act of 1986;
(d) All contaminants identified for testing or treatment pursuant to the safe drinking water act;
(e) All chemicals listed by the national toxicology program, also known as “NTP,” as known or probable human carcinogens; and
(f) All materials subject to the requirements concerning material safety data sheets for hazardous chemicals under the occupational safety and health act of 1970.
§ 77-2. Advisory board on environmental justice.

a. There shall be established an advisory board on environmental justice.
b. The advisory board on environmental justice shall consist of four members who shall include the commissioner of Planning and Community Development or a designee, the commissioner of Public Works or a designee; the commissioner of Buildings or a designee, the superintendent of the Board of Water Supply or that person’s designee; and one member from the general public with interest or expertise in environmental justice issues. The Mount Vernon City Council President and the Mount Vernon Mayor shall jointly make the appointments.
c. The environmental justice advisory board shall hold its first meeting no later than thirty days from the effective date of this local law and a chairperson
and a secretary shall be elected by its members The advisory board must meet at least quarterly, keep a record of its proceedings, and determine the rules of its own proceedings with special meetings to be called by the chairperson upon his or her own initiative or upon receipt of a written request signed by at least one member of the board. Written notice of the time and place of such special meetings shall be given by the secretary to each member at least two weeks before the date fixed by the notice for such special meeting. Two members of the environmental justice advisory board shall constitute a quorum to transact the business of such board at both regular and special
meetings and a decision made by the affirmative vote of three or more members shall constitute a decision of the board.
d. The environmental justice advisory board may conduct such hearings and meetings at any place or places within the city designated by the board
for the purpose of obtaining necessary information or other data to assist it in the proper performance of its duties and functions as it deems necessary. The environmental justice advisory board may delegate to any member of the environmental justice advisory board the power and authority to conduct such hearings and meetings.
e. The environmental justice advisory board shall expire, and the terms of office of all of its members shall terminate ten years from the effective date of this section except, based upon the progress of the measureable improvements in environmental health and environmental quality protection for environmental justice populations in their communities, where reauthorization is recommended by a majority of the environmental justice advisory board to the council and the council concurs and
independently enacts legislation reauthorizing the board for another ten year term. However the individual terms of each member shall be two years.
f. Duties of the environmental justice advisory board. The environmental justice advisory board shall develop a procedural process for identifying
environmental inequities, including an unjust distribution of environmental benefits and environmental burdens and recommendations for assuring that environmental burdens are not further distributed in a manner that increases the environmental burdens on communities already hosting a disproportionate share of pollution generating activities and that benefits are equitably distributed.
g. The Environmental Justice Advisory Board shall establish a Working Group. The Working Group shall:

(i) Provide guidance to City agencies on criteria for identifying disproportionately high and adverse human health or environmental effects on minority populations and low-income populations;
(ii) Coordinate with, and provide guidance to each city agency, to develop or revise environmental justice strategies and conduct and coordinate research, as required by this act, in order to ensure that the
administration, interpretation and enforcement of programs, activities, and policies are undertaken in an equitable and consistent manner;
(iii) Assist in coordinating the data collection, maintenance and analysis required under this local law;
(iv) Examine existing data and studies on environmental justice;
(v) Hold public meetings and otherwise solicit public participation and consider complaints;
(vi) Develop interagency model projects on environmental justice that evidence cooperation among city agencies.
(vii) Examine all actions of the city related to the distribution of environmental benefits, including but not limited to, access to funding, open space, enforcement opportunities, technical assistance, or training including, but not limited to, grants, environmental benefits packages and supplemental
environmental projects, environmental quality improvement initiatives, distribution of environmental funding from the City and other
governmental entities, open space purchases, greening initiatives and full access to city-owned lands in the watershed and the waterfront, including access to all of the usual benefits associated with residence
near a waterfront and any other beneficial resources disbursed by the City of Mount Vernon. Examine all
actions of the city related to distribution of environmental benefits to ensure that no environmental justice population, community or neighborhood shall be denied reasonable access to the environmental benefits resulting from a city program or policy or have limited access to natural resources, including green space, open space and water resources as a result of city agency policies, decisions
or actions. Where any inequity is detected or where complaints about inequitable distribution of environmental benefits are made, the advisory board will fully investigate such inequity and, where
substantiated, shall take immediate steps to make recommendations to the city council and mayor to remedy such inequities.
(xiii). Examine all actions of the city related to the distribution of environmental burdens to ensure that all environmental justice populations, communities or neighborhoods are meaningfully involved in the
decision-making process and to ensure that no environmental justice population, community or neighborhood is denied equal protection of the
law, that no environmental justice population receives a disproportionate share of permitted facilities, hazardous releases and toxic chemicals and that no group of people, because of race, ethnicity, class, gender, handicap or status as a susceptible or vulnerable individual bears an unfair share of environmental pollution from industrial, commercial, state and municipal operations. Where any inequity is
detected or where complaints about inequitable distribution of environmental burdens are made, the advisory board will fully investigate such inequity and, where substantiated, shall recommend immediate steps to remedy such inequities.

(h) Public participation. The working group shall:
(i) Hold public meetings and otherwise solicit public participation, as appropriate, for the purpose of fact-finding with regard to implementation of this act and prepare for public review a summary of the comments and recommendations provided; and
(ii) Receive, consider, and in appropriate instances, conduct inquiries concerning complaints regarding environmental justice and the implementation of this Act by city agencies.
(j) Annual reports.
(a) Commission reporting requirement. On or before October 1 of 2014 and each October 1, thereafter, the commission shall submit to the mayor and the council and make available on the city’s official website, an annual report disclosing the
commission’s accomplishments, findings and recommendations for the previous year, the final environmental justice strategies enacted and annual progress made in implementing those strategies.
§77-3. Health, environmental research, data collection and analysis assessing disproportionate impact. To the extent permitted by other applicable law and privacy protections, the commissioner of the Department of Planning and Community Development, or the head of such other agency as the mayor may direct, shall collect, maintain and analyze information assessing and comparing environmental
and human health risks borne by populations identified by race, national origin or income. To the extent practicable and appropriate, city agencies shall use this information to determine whether City
programs, policies and activities have disproportionately adverse health, environmental or economic effects on minority populations and low-income populations. Where such information is
independently collected by other governmental agencies or private contractors, the commissioner may rely upon such information if it contains sufficient detail to be subject to analysis at the local level.
(1) In connection with the development and implementation of agency strategies, the commissioner, or the head of other such city agency as the mayor may direct, shall collect, maintain and analyze information on the race, national origin, and income level, and other accessible and appropriate information, for areas surrounding facilities or sites if such facilities or sites become the subject of a significant city, state or federal environmental, administrative or judicial action.
(2) Impact from city facilities. The
commissioner, or head of such other city agency as the mayor may direct, shall collect, maintain and analyze information on the race, national origin and income level, and other accessible and appropriate
information, for areas surrounding city facilities that are: (a) subject to the reporting requirements of the federal emergency planning and community right-to-know act as mandated in executive order no. 12856; and (b) expected to have a substantial environmental, health or economic effect on surrounding populations.
(3) Information sharing. In carrying out the responsibilities set forth in this section, each agency, to the extent practicable and appropriate, shall share
information and eliminate unnecessary duplication of efforts through the use of existing data systems and cooperative agreements among agencies and with community organizations. Except as prohibited by other applicable law, information collected or maintained pursuant to this section shall be made available to the public.
(4) Public comment. Through public hearings and other public forums, city agencies shall provide minority populations and low-income populations with the opportunity to participate in the development and implementation of measures
pursuant to this section.
§ 77-4. Determination of disproportionately impacted areas.
(1) Determining health, environmental, economic effects. Within six months from the date this law takes effect, the commissioner shall determine the most appropriate level to measure health-related affected and non-affected areas, including census blocks, census tracts or other appropriate geographic unit. The commissioner shall determine the most appropriate level to measure environmentally
affected and non-affected areas, including consideration of census blocks, census tracts, or other appropriate geographic units. The commissioner, in consultation with the Department of Buildings, Office of Aging, Department of Assessment, and the City Clerk's Office, shall determine the most appropriate level to measure economically affected and non-affected areas, including consideration of census blocks, census tracts, neighborhoods, communities or other appropriate geographic units.
(2) Compilation of list. The commissioner shall consider and utilize all appropriate and available data compiled pursuant to any health, environmental or economic regulatory authority and other sources, including but not limited to, available data on the presence of statistically significant incidences of respiratory morbidity or mortality by zip code
or any other appropriate level including census blocks, census tracts, or other geographic units , lead-based paint exposure and toxic chemical exposure from mobile vehicles or permitted or unpermitted air sources. For each appropriate geographic unit the commissioner shall calculate and compile in a database:

a. the total weight of each toxic chemical released into the ambient environment, and whenever possible, shall adjust the estimates to account for the severity of health issues, toxicity of the chemicals and level of
economic development;
b. the total weight of toxic chemicals released into waterways and land, and whenever possible, shall adjust the estimates to account for the severity of health issues, toxicity of the chemicals and level of
economic development.
(3) City of Mount Vernon Right To Know. The
commissioner shall review the methodology used to compile and summarize information collected under Section 313 of the Emergency Planning and Community Right-to-Know Act, and the Mount Vernon city right to know law and publish for public comment, any proposed changes to the methodology necessary to calculate and compile the information required in subsection two of this section.
§ 77-5. Petitions relating to environmentally
disadvantaged and advantaged communities.
(1) Any person residing in any part of the city or a protected area in a community in which a new facility for the management of solid waste, including a new
facility for the management of hazardous waste, is proposed for construction, may submit a petition to the appropriate entity to protest against the proposed
facility being issued a local permit or operating in that community. A petition under paragraph (1) shall be
submitted in accordance with the following subparagraphs:
(a) In the case of a facility for the management of hazardous waste, the petition shall be submitted to the commissioner.
(b) In the case of a facility for the management of municipal solid waste, the petition shall be submitted to the commissioner or, in appropriate cases, as determined under regulations implementing this section, to the Department of Public Works.
(2) The department or other authorized agency shall disapprove the petition if it is established that:
(a) the proposed facility will be located in a non-affected community, and the proposed facility will not adversely affect the health of such community; or
(b) there is no reasonable alternative location within the City for the proposed facility that poses fewer risks to human health and the environment than the proposed location, according to standards for assessing the degree of risk to human health and the environment promulgated in regulations by the commissioner for purposes of this section; and the proposed facility either: (i) will not release contaminants; and (ii) will not engage in any activity that is likely to increase the cumulative impact
of contaminants on residents of environmentally disadvantaged communities; and (iii) the project represents a clear economic benefit to the community.
(3) If the aforementioned conditions have not been established, the department shall approve the petition and recommend that a review be undertaken to ascertain whether additional facility siting is
appropriate in the neighborhood.
(4) Where the review concludes that additional facility siting in that neighborhood is appropriate, the petitioner shall be invited to participate on a community based Environmental Monitoring and Citizen Enforcement Council specific to that facility in order to ensure that the facility adheres strictly to its permit condition.
(5) Where the review concludes that additional facility siting is not appropriate, that decision remains subject to judicial review.
§77-6. Study of affected and non-affected areas. (1) Within 24 months from the date this law takes effect, the commissioner, in consultation with the Department of Building, Department of Public Works, Board of Water Supply, Office of Aging, Department of Assessment, and the City Clerk's Office, shall evaluate and determine the most appropriate designation of environmentally affected and non-affected areas, either census blocks, census tracks,
neighborhoods, communities or other appropriate geographic unit. The commissioner, in consultation with the Mayor's Office, shall evaluate and determine the most appropriate designation of economically affected and non-affected areas, either census blocks, census tracks, neighborhoods, communities or other
appropriate geographic unit, and shall issue for public comment a report identifying the nature and extent, if any, of acute and chronic impacts on human health, the environment or economy in affected areas as compared to less affected areas. Such impacts
shall include, but not be limited to, cancer and non-cancer health effects, birth defects, infant mortality rates, respiratory diseases, including morbidity and mortality, as well as adverse environmental quality impacts upon air, water, land, retail, institutional, commercial and industrial sites.
(2) For each designated geographic unit, the report shall seek to: (a) isolate the impacts of environmental pollution and uncontrolled releases from the effects of other factors such as health care availability,
substance abuse or diet; (b) rank the relative risks posed by the toxic chemicals present in affected areas and by the varied sources of toxic chemicals, both individually and cumulatively, if possible; (c) suggest
measures to remedy the impacts of pollution in high population density areas; (d) evaluate the levels below which release of toxic chemicals, either individually or cumulatively, if possible, must be reduced to avoid
adverse impacts on human health; and (e) determine the economic impacts on such areas; as a result of the report in communities where the commissioner has
determined that adverse health, environmental or economic impacts exist; the Department of Planning and Community Development shall also make this information readily available to members of the community by providing information directly to the affected communities in the affected areas about the release of toxic chemicals, the potential effects of such exposure and potential economic impacts.
§77-7. Moratorium. (1) If the report finds toxic chemical emissions and environmental pollution in quantities sufficient to cause significant adverse effects on human health, the environment or the economy in an affected area, such area shall be designated as a protected area, and there shall be a
moratorium on the siting or permitting of any new toxic chemical facility in any affected area.
(2) A new toxic chemical facility may be sited or permitted in such an affected area during this period only if:

(a) the need for the activity is considered overwhelming by the city and if facility approved by the appropriate governing entity;
(b) the owner or operator of the facility demonstrates to the department that the facility will develop a plan to maintain a comprehensive pollution prevention program; and
(c) the facility demonstrates to the appropriate governing entity that it will minimize uncontrolled and fugitive releases into the environment to the maximum extent practicable.
(3) The moratorium shall continue in effect in such a protected area until the commissioner determines, based upon findings of fact adequate to support the action taken and upon petition of any interested party, that the levels of environmental pollution will not cause or exacerbate significant adverse effects on human health, the environment or the economy, and
that such levels have been maintained at the affected area for such time period as the commissioner determines is sufficient to restore healthful air
quality levels.
§77-8. Endorsement. If the report does not find significant adverse impacts of environmental pollution on human health in a proposed area, and
if a petitioner requests an advance designation for a proposed area, there shall be a Department endorsement on the siting or permitting of any new
facility. A new facility may still be placed on the moratorium list if:
(1) The activity, as determined by the Department, could adversely affect health in such a manner that health effects will not be known or detected
until a future date; an endorsement may continue in effect in such an area unless and until the commissioner determines, upon petition of any
interested party, that healthful air quality levels have not been maintained at the area due to the
activities of the covered facility.

§77-9. Agency strategies. Each city agency shall develop an agency-wide environmental justice strategy that identifies and addresses disproportionately high and adverse human health or environmental effects of its programs, policies or activities on minority populations and low-income populations.
a. Each strategy developed shall identify programs, policies, planning, public participation processes, and rulemaking and enforcement activities related to human health or the environment that should be revised to:
b. Promote enforcement of all health and environmental statutes in areas with minority populations or low-income populations;
c. Ensure greater public participation;
d. Improve research and data collection relating to the health of, and environment of, minority populations and low income populations; and
e. Identify differential patterns of use of natural resources among minority populations and low-income populations.
f. Each strategy developed shall include, where appropriate, a timetable for undertaking identified
revisions.
g. The term of each member shall be two years where, upon the conclusion of a term, members shall continue to serve until a successor is appointed. A member who is appointed after a term has begun shall serve only for the rest of the term or until a successor is appointed unless such member shall be reappointed for a second term.;
(i) A member may not be appointed to more than two consecutive terms;
(ii) The commission shall meet at the times and places that the chairman determines;

§3. This local law shall take effect ninety days after its enactment except that the Commissioner of Planning
and Community Development, in consultation with the Mayor, shall take such measures as are necessary for its implementation, including the promulgation of
rules prior to such effective date.