District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0564 Compare Versions

Only one version of the bill is available at this time.

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7	7	November 6, 2023
8	8
9	9	Nyasha Smith, Secretary
10	10	Council of the District of Columbia
11	11	1350 Pennsylvania Avenue NW
12	12	Washington, DC 20004
13	13
14	14	Dear Secretary Smith,
15	15
16	16	Today, I am introducing the Environmental Justice Amendment Act of 2023. Please find
17	17	enclosed a signed copy of the legislation, which is co-introduced by Councilmembers Christina
18	18	Henderson and Kenyan McDuffie.
19	19
20	20	It is often said that every map of the District looks the same. When it comes to pollution and
21	21	environmental hazards, the saying certainly holds true. For decades, the District has concentrated
22	22	facilities that produce air pollution, hazardous waste, water pollution, stormwater runoff, and
23	23	urban heat island effects in low income and predominantly Black neighborhoods. During that
24	24	time, the District has placed the burden of fighting these injustices on the residents in Ivy City,
25	25	Brentwood, Mayfair, Bellevue, and countless other communities in Wards 4, 5, 7, and 8. Instead
26	26	of empowering and lifting up the needs of these resilient neighborhoods, we have exposed them
27	27	to an outrageous accumulation of environmental hazards through our land use, planning, and
28	28	permitting processes.
29	29
30	30	The Environmental Justice Amendment Act of 2023—which is modeled on a New Jersey statute
31	31	and accompanying rulemaking—has four major components. The bill:
32	32	1. Establishes a “cumulative impact statement” process that must be completed to obtain
33	33	District permits and other relief for environmentally harmful actions in overburdened
34	34	communities;
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38	38	1
39	39	The Environmental Justice Act of 2023 employs the CDC’s Environmental Justice Index (EJI)
40	40	to define overburdened communities. The EJI, which takes into account environmental burdens,
41	41	social vulnerability, and health vulnerability, is depicted on Attachment A to this letter. 2
42	42	2. Establishes a “modified cumulative impact statement” to assess District agency plans that
43	43	impact the siting of significant sources of environmental harm in overburdened
44	44	communities;
45	45	3. Establishes forms of accountability to ensure that these processes are enforceable and
46	46	result in meaningful progress for overburdened communities; and
47	47	4. Establishes an environmental justice division at DOEE.
48	48	The Environmental Justice Amendment Act would require an assessment of the cumulative
49	49	impacts created by major actions and actions at applicable facilities in overburdened
50	50	communities, require transparency and community engagement regarding those impacts, and
51	51	result in the denial of the proposed action if a disproportionate impact on an overburdened
52	52	community is identified. Actions that substantially reduce disproportionate impacts, are required
53	53	by changes in environmental regulations aimed at improving stressors, or that provide direct
54	54	benefits to overburdened communities (such as access to affordable housing, food, health care,
55	55	parks, trails, or public education) are exempt from this process.
56	56
57	57	The legislation would also require the preparation of a modified cumulative impact statement
58	58	whenever a District agency proposes a plan or policy that that would subject an overburdened
59	59	community to significant sources of pollution. If the modified cumulative impact statement
60	60	identified a disproportionate impact on an overburdened community, an agency would be barred
61	61	from spending funds to implement the proposed policy or plan unless it obtained affirmative
62	62	approval from the D.C. Council. Road designs that are consistent with the District’s climate
63	63	commitments are exempt from this process.
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65	65	Mindful of the fact that accountability is key to the success of any process, the Environmental
66	66	Justice Amendment Act would authorize the Mayor to fine an applicant or to revoke an action
67	67	taken on behalf of an applicant for failure to comply with mitigating measures or conditions of
68	68	operation identified in an environmental impact statement or cumulative impact statement. The
69	69	legislation would also empower the People’s Counsel to initiate a civil action on behalf of any
70	70	individual or individuals for legal wrongs suffered in the preparation or disposition of an
71	71	environmental impact statement or cumulative impact statement.
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73	73	Finally, the Environmental Justice Act would establish an Energy and Environmental Justice
74	74	Division in the Department of Energy and Environment. This division would be charge with
75	75	identifying and reducing environmental, energy, climate, and health burdens and cumulative
76	76	impacts in overburdened communities; leading, coordinating, and tracking the incorporation of
77	77	energy justice and environmental justice into the DOEE’s processes, priorities, and allocation of
78	78	resources; empowering communities to exercise their rights under the District’s environmental
79	79	laws and regulations; and ensuring that the District continues to make investments in energy
80	80	equity and access.
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82	82	I look forward to working with my colleagues on the Council and the Executive to advance
83	83	environmental justice in the District. Please contact my Deputy Chief of Staff, Conor Shaw, at
84	84	cshaw@dccouncil.gov if you have any questions about this legislation.
85	85
86	86	Sincerely,
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88	88
89	89
90	90
91	91	Zachary Parker
92	92	Ward 5 Councilmember
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96	96	Attachment A: The Centers for Disease Control’s Environmental Justice Index
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100	100	As introduced, the Environmental Justice Amendment Act of 2023 defines overburdened
101	101	community as a census block in the top quartile of the EJI index (depicted in dark green) or a
102	102	census block in the second quartile of the EJI that is adjacent to a census block in the top quartile
103	103	(blue census blocks that are adjacent to green census blocks).
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105	105	The EJI Index can be viewed at https://onemap.cdc.gov/portal/apps/sites/#/eji-explorer.
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107	107	Technical documentation regarding the data that is used to compile the EJI index can be viewed
108	108	here: https://www.atsdr.cdc.gov/placeandhealth/eji/docs/EJI-2022-Documentation-508.pdf.
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116	116	_____________________________ _____________________________ 2
117	117	Councilmember Christina Henderson Councilmember Zachary Parker 3
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123	123	_____________________________ 9
124	124	Councilmember Kenyan R. McDuffie 10
125	125	11
126	126	A BILL 12
127	127	13
128	128	_________________________ 14
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130	130	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 16
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132	132	_________________________ 18
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135	135	To amend the District of Columbia Environmental Policy Act of 1989 to reform the requirements 21
136	136	of an Environmental Impact Statement, to require a Cumulative Impacts Statement for 22
137	137	any major action in an overburdened community or any action at an applicable facility in 23
138	138	an overburdened community, to require a modified Cumulative Impacts Statement for 24
139	139	any plan or policy that impacts the siting or operation of applicable facilities in the 25
140	140	District, or any concept analysis or design of an interstate, freeway, expressway, or 26
141	141	arterial road inconsistent with the District’s climate commitments, to require the Mayor 27
142	142	to disapprove any cumulative impacts action with disproportionate impact unless 28
143	143	mitigating measures are taken or a reasonable alternative is substituted, to authorize the 29
144	144	Mayor to fine an applicant or revoke an action taken on behalf of an applicant for failure 30
145	145	to comply with mitigating measures or conditions of operation, and to require the Mayor 31
146	146	to maintain a file of all Environmental Impact Statements, Cumulative Impacts 32
147	147	Statements, and supplemental Environmental Impact Statements for public review, to 33
148	148	enhance accountability mechanisms under the Environmental Policy Act, to authorize the 34
149	149	Mayor to impose a fee on an applicant for the cost of reviewing a cumulative impacts 35
150	150	screening form or preparing a Cumulative Impacts Statement; and to create the Energy 36
151	151	and Environmental Justice Division at DOEE. 37
152	152	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 38
153	153	act may be cited as the "Environmental Justice Amendment Act of 2023". 39
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158	158	Sec. 2. The District of Columbia Environmental Policy Act of 1989, effective October 40
159	159	18, 1989 (D.C. Law 14-28; D.C. Official Code § 8–109.01 et seq.) is amended as follows: 41
160	160	(a) Section 2 (D.C. Official Code § 8–109.01) is amended to read as follows: 42
161	161	(1) Strike the phrase “environmental impact” and insert the phrase “environmental 43
162	162	impact and cumulative impacts” in its place; and 44
163	163	(2) Strike the phrase “environmental effects” and insert the phrase 45
164	164	“environmental effects or cumulative impacts” in its place. 46
165	165	(b) Section 3 (D.C. Official Code § 8–109.02) is repealed. 47
166	166	(c) A new section 3a is added to read as follows: 48
167	167	“Sec. 3a. Definitions. 49
168	168	“For the purposes of this chapter, the term: 50
169	169	“(1) “Action” means: 51
170	170	“(A) A new project or activity directly undertaken by the Mayor or a 52
171	171	board, commission, or authority of the District government; or 53
172	172	“(B) A project or activity that involves the issuance, or renewal, of a lease, 54
173	173	permit, license, certificate, registration, other entitlement, or permission to act by an agency of 55
174	174	the District government. 56
175	175	“(2) “Adverse cumulative stressors” means that the combined stressor total of the 57
176	176	overburdened community is higher than the overburdened community’s geographic point of 58
177	177	comparison or would be made higher than an overburdened community’s geographic point of 59
178	178	comparison as a result of the action’s contribution. 60
179	179	“(3) “Adverse stressor” means a stressor in the overburdened community that is 61
180	180	higher than an overburdened community’s geographic point of comparison or would be made 62
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185	185	higher than an overburdened community’s geographic point of comparison as a result of the 63
186	186	action’s contribution. 64
187	187	“(4) “Applicable facility” means any: 65
188	188	“(A) Major source of air pollution as defined in chapter 2 of title 20 of the 66
189	189	District of Columbia Municipal Regulations; 67
190	190	“(B) Generator (including a very small quantity generator), transporter, or 68
191	191	storage, treatment, transfer or disposal facility as those terms are defined in 40 C.F.R. 260.10; 69
192	192	“(C) Sludge processing facility, or incinerator; 70
193	193	“(D) Sewage treatment plant with a capacity of more than 50 million 71
194	194	gallons per day; 72
195	195	“(E) Transfer station, recycling facility, or other solid waste facility; 73
196	196	“(F) Scrap metal facility; 74
197	197	“(G) Asphalt or concrete plant; 75
198	198	“(H) Medical waste facility, or incinerator; 76
199	199	“(I) A surface lie-down or parking lot containing more than 20,000 square 77
200	200	feet of impervious surface; 78
201	201	“(J) A depot, maintenance, or storage facility with capacity to store 10 or 79
202	202	more trucks, buses, or other heavy machinery that produce particulate matter through tire wear or 80
203	203	the operation of internal combustion engines; 81
204	204	“(5) “Climate commitments” means the greenhouse gas emission reduction 82
205	205	targets established in section 109d of District Department of the Environment Establishment Act 83
206	206	of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8–151.09d) and 84
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211	211	policies issued consistent with that law, including the targets established in Clean Energy DC 85
212	212	and the District of Columbia Climate and Energy Action Plan. 86
213	213	“(6) “Combined stressor total” means the sum of adverse stressors in an 87
214	214	overburdened community; 88
215	215	“(7) “Cumulative impacts action” means any major action located in whole, or in 89
216	216	part, in an overburdened community, or any action at an applicable facility located in whole, or 90
217	217	in part, in an overburdened community, but does not include an action that DOEE determines: 91
218	218	(A) Will substantially reduce the disproportionate impacts on the 92
219	219	overburdened community without extending the lifetime of the facility or significantly increasing 93
220	220	the capacity and operations of the facility; 94
221	221	(B) Is required for a facility to comply with changes to federal and District 95
222	222	environmental laws and regulations that reduce stressors; or 96
223	223	(C) Provides substantial direct benefits to the overburdened community 97
224	224	where it is located in the form of access to affordable housing, food, health care, parks, trails, or 98
225	225	public education. 99
226	226	“(8) “Cumulative impacts plan” means: 100
227	227	“(A) A plan or policy that impacts the siting or operation of applicable 101
228	228	facilities in the District, including the Comprehensive Plan and the Districtwide Production 102
229	229	Distribution and Repair Report; or 103
230	230	“(B) A concept analysis or design of an interstate, freeway, expressway, or 104
231	231	arterial road that is inconsistent with the District’s climate commitments. For the purposes of this 105
232	232	act, a concept or design of an interstate, freeway, expressway, or arterial road shall be presumed 106
233	233	to be consistent with the District’s climate commitments if it: 107
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238	238	“(i) Incorporates a road diet that reduces by at least 33% the 108
239	239	number of available vehicle lanes; 109
240	240	“(ii) Introduces restricted lanes that are designated for use by buses 110
241	241	or streetcars at least 84 hours a week without expanding the width of the road; 111
242	242	“(iii) Establishes an off-street recreational trail that is designed for 112
243	243	users aged 8-80 years old without expanding the width of the road; or 113
244	244	“(iv) Replaces an interstate, freeway, or expressway with a 114
245	245	recreational facility, residential or mixed use development, or surface road that is designed to 115
246	246	carry 40 percent fewer vehicles per day. 116
247	247	“(9) “Disproportionate impact” means the action cannot avoid either: 117
248	248	“(A) Creating adverse cumulative stressors in an overburdened community 118
249	249	as a result of the action’s contribution; or 119
250	250	“(B) Contributing to an adverse stressor in an overburdened community 120
251	251	that is already subject to adverse cumulative stressors. 121
252	252	“(10) “DOEE” means the Department of Energy and Environment. 122
253	253	“(11) “Environment” means the physical conditions that will be affected by a 123
254	254	proposed action, including but not limited to, the land, air, water, minerals, flora and fauna. 124
255	255	“(12) “Functional equivalent” means the full and adequate description and 125
256	256	analysis of the environmental impact of a proposed action by an agency, board, commission, or 126
257	257	authority of the District government that examines or imposes environmental controls under 127
258	258	procedures that provide for notice, opportunity for public comment, and the creation of a 128
259	259	reviewable record. 129
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264	264	“(13) “Geographic point of comparison” means the comparison area and value 130
265	265	used to determine whether an overburdened community is subject to one or more adverse 131
266	266	stressors and is determined by selecting the lower value of the District or ward’s 50th percentile, 132
267	267	calculated excluding the values of other overburdened communities. For the purposes of this 133
268	268	definition, “ward” shall refer to the ward in which the overburdened community is located. 134
269	269	“(14) “Hazardous substance” means any solid, liquid, gaseous, or semisolid form 135
270	270	or combination that, because of its nature, concentration, physical, chemical, or infectious 136
271	271	characteristic, as established by the Mayor, may: 137
272	272	“(A) Cause or significantly contribute to an increase in mortality or an 138
273	273	increase in a serious, irreversible or incapacitating reversible illness; or 139
274	274	“(B) Pose a substantial hazard to human health or the environment if 140
275	275	improperly treated, stored, transported, disposed of, or otherwise managed, including substances 141
276	276	that are toxic, carcinogenic, flammable, irritants, strong sensitizers, or that generate pressure 142
277	277	through decomposition, heat, or other means and containers and receptacles previously used in 143
278	278	the transportation, storage, use, or application of hazardous substances. 144
279	279	“(15) “Lead agency” means the District agency designated by the Mayor to have 145
280	280	primary responsibility for the preparation of an Environmental Impact Statement (“EIS”), or a 146
281	281	Cumulative Impacts Statement (“CIS”). 147
282	282	“(16) “Major action” means any action that costs over $1,000,000 and that may 148
283	283	have a significant impact on the environment, except that, subject to the exemptions in section 7, 149
284	284	the Mayor, pursuant to rules issued in accordance with section 10, shall classify any action that 150
285	285	costs less than $1,000,000 as a major action, if the action imminently and substantially affects 151
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290	290	the public health, safety, or welfare. The cost level of $1,000,000 shall be based on 1989 dollars 152
291	291	adjusted annually according to the Consumer Price Index. 153
292	292	“(17)(A) “Overburdened community” means any census block group in the top 154
293	293	quartile of the 2022 Environmental Justice Index published by the Centers for Disease Control 155
294	294	and any census block group in the second quartile of the 2022 Environmental Justice Index that 156
295	295	is adjacent to a census block group in the top quartile of the 2022 Environmental Justice Index. 157
296	296	(B) Five years after the effective date of the Environmental Justice Amendment 158
297	297	Act of 2023 (introduced on November 6, 2023) and every 5 years thereafter, DOEE may issue 159
298	298	regulations adjusting the definition of an overburdened community, providing that DOEE 160
299	299	considers the social vulnerability of residents, including racial or ethnic minority status and 161
300	300	socioeconomic status; environmental burdens, including air pollution, potentially hazardous and 162
301	301	toxic sites, built environment, transportation infrastructure, water pollution, and urban heat island 163
302	302	effect; and health vulnerability, including the incidence of pre-existing chronic diseases, food 164
303	303	access, and health care access. 165
304	304	(C) DOEE shall publish and maintain a map on its website identifying 166
305	305	overburdened communities in the District. 167
306	306	“(18) “Stressor” includes: 168
307	307	“(A) Sources of environmental pollution, including concentrated areas of 169
308	308	air pollution, mobile sources of air pollution, contaminated sites, transfer stations or other solid 170
309	309	waste facilities, recycling facilities, scrap yards; 171
310	310	“(B) Point-sources of water pollution including water pollution from 172
311	311	facilities or combined sewer overflows;, also 173
312	312	“(C) Concentrated areas of heat from urban heat island effect; 174
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317	317	“(D) Conditions that cause significant public health impacts, including 175
318	318	accidental injuries or death, asthma, cancer, elevated blood lead levels, cardiovascular disease, 176
319	319	dementia, pregnancy loss, maternal mortality and developmental disabilities in the overburdened 177
320	320	community; or 178
321	321	“(E) Any other stressors as defined by DOEE.”. 179
322	322	(d) Section 4 (D.C. Official Code § 8–109.03) is amended as follows: 180
323	323	(1) Subsection 3(a) is amended to add a new paragraph 2A to read as follows: 181
324	324	“(2A) The relationship of the proposed major action to the District’s climate 182
325	325	commitments;”. 183
326	326	(2) Subsection 3(b) is amended by striking the phrase “registered voters” and 184
327	327	inserting the phrase “qualified electors in local elections” in its place. 185
328	328	(3) Subsection 3(c) is amended as follows: 186
329	329	(A) Strike the phrase “grant or issuance” wherever it appears and insert the 187
330	330	phrase “grant, issuance, or renewal” in its place. 188
331	331	(B) Strike the phrase “certificate” wherever it appears and insert the 189
332	332	phrase “certificate, registration” in its place. 190
333	333	(C) Paragraph (3)(B) is amended by striking the phrase “this paragraph” 191
334	334	and inserting the phrase “paragraph or section 13” in its place. 192
335	335	(e) New sections 4a and 4b are added to read as follows: 193
336	336	“Sec. 4a. Cumulative Impacts Statement requirements. 194
337	337	“(a) Whenever the Mayor or a board, commission, authority, or person proposes or 195
338	338	approves a cumulative impacts action, the Mayor, board, commission, authority, or person shall 196
339	339	prepare or cause to be prepared, and transmit, in accordance with this section, a detailed CIS at 197
340	340
341	341
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343	343
344	344	least 60 days prior to implementation of the proposed cumulative impacts action. The CIS shall 198
345	345	be written in a concise manner and shall contain: 199
346	346	“(1) A detailed description of the neighborhood setting of the facility, which shall 200
347	347	include: 201
348	348	“(A) The location of any existing applicable facility; 202
349	349	“(B) The location of community assets, including transit facilities; 203
350	350	hospitals; senior, low-income, and public housing; nursing homes; playgrounds; parks; trails; and 204
351	351	schools; 205
352	352	“(C) Key demographic and economic information from the United States 206
353	353	Census, the American Community Survey, or similar sources; 207
354	354	“(D) Current zoning and future land use as established in the 208
355	355	Comprehensive Plan for the National Capital and any applicable Small Area Plan; 209
356	356	“(E) The prevalence of land zoned for production, distribution, and repair 210
357	357	in the census block where the facility is (or will be) located as well as adjacent census blocks; 211
358	358	and 212
359	359	“(F) Existing urban heat island effects and flooding hazards. 213
360	360	“(2) A description of the facility's current and proposed operations, including: 214
361	361	“(A) A site plan of the facility or equivalent map if no site plan exists; 215
362	362	“(B) An explanation of the purpose of the cumulative impacts action 216
363	363	sought, including how the action serves the needs of the individuals in the overburdened 217
364	364	community; 218
365	365	“(C) An assessment of the relationship of the cumulative impacts action to 219
366	366	the District’s climate commitments; and 220
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368	368
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371	371	“(D) Identification of all stressors that are anticipated as a result of the 221
372	372	operation and construction of the facility, as well as processes and investments designed to 222
373	373	control or mitigate those stressors; 223
374	374	“(3) A list of all leases, permits, licenses, certificates, registrations, other 224
375	375	entitlements, or permissions to act, by an agency of the District or federal government, required 225
376	376	for the facility (including those previously obtained); and 226
377	377	“(4) An assessment of the anticipated impacts, both positive and negative, of the 227
378	378	construction and operation of the facility on each identified stressor in the overburdened 228
379	379	community. The assessment shall assume the facility operates at the maximum usage or output 229
380	380	allowable under District and federal law and the terms of the action sought. 230
381	381	“(b) If a cumulative impacts action also requires an EIS per section 4, the CIS required by 231
382	382	this section may be prepared and transmitted as a supplemental EIS per section 6, provided the 232
383	383	supplemental EIS meets the requirements of this section. 233
384	384	“(c) The Mayor, board, commission, or authority shall transmit a copy of any CIS 234
385	385	prepared pursuant to subsection (a) of this section, or any supplemental EIS prepared in lieu of a 235
386	386	CIS pursuant to subsection (b) of this section, to the Council, any District agency that has 236
387	387	responsibility for implementing the cumulative impacts action or special expertise with respect to 237
388	388	any stressors involved, and any affected Advisory Neighborhood Commission. A copy of the 238
389	389	CIS, or supplemental EIS prepared in lieu of a CIS, shall be made available for review by the 239
390	390	public in the main office of the agency primarily responsible for implementing or permitting the 240
391	391	proposed cumulative impacts action. The Mayor, board, commission, or authority shall provide a 241
392	392	reasonable period consistent with the District of Columbia Administrative Procedure Act, 242
393	393	approved October 21, 1968 (82 Stat. 1203; D.C. Official Code § 2–501 et seq.), for comment on 243
394	394
395	395
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397	397
398	398	any CIS prepared pursuant to subsection (a) of this section, or any supplemental EIS prepared in 244
399	399	lieu of a CIS pursuant to subsection (b) of this section. The Mayor, board, commission, or 245
400	400	authority shall conduct a public hearing pursuant to the rules issued in accordance with section 246
401	401	10(c) for any CIS or supplemental EIS prepared in conjunction with any major action. If 25 247
402	402	qualified electors in local elections in an affected single member district request a public hearing 248
403	403	on a CIS, or a supplemental EIS prepared in lieu of a CIS, for any other action, or if there is 249
404	404	significant public interest, the Mayor, board, commission, or authority shall conduct a public 250
405	405	hearing pursuant to the rules issued in accordance with section 10(c). 251
406	406	“(d)(1) Upon receipt of an application for a proposed major action, or a proposed action 252
407	407	at an applicable facility, the Mayor, board, agency, commission, or authority of the District 253
408	408	government shall determine within 30 days, excluding Saturdays, Sundays, and legal holidays, 254
409	409	whether the action is a cumulative impacts action and a CIS is required per subsection (a). 255
410	410	“(2) The agency shall notify the applicant, in writing, if a determination has been 256
411	411	made that the action is a cumulative impacts action and a CIS is required. Notice of the 257
412	412	determination and the findings that support the determination shall be kept on file by the Mayor. 258
413	413	“(3) The Mayor, board, commission, or authority may require an applicant to 259
414	414	prepare a CIS, or a supplemental EIS in lieu of a CIS. A nongovernmental applicant shall be 260
415	415	charged a fee to cover the cost of agency review of the CIS, or supplemental EIS prepared in lieu 261
416	416	of a CIS. No lease, permit, license, certificate, registration, or other entitlement shall be issued, 262
417	417	unless the applicant required to prepare a CIS has completed the CIS, or a supplemental EIS in 263
418	418	lieu of the CIS, in compliance with this act and paid any fee charged pursuant to this paragraph 264
419	419	or section 13. 265
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421	421
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423	423
424	424	“(4) The applicant shall assist the Mayor, or the board, commission, or authority 266
425	425	at any stage of the review of the proposed cumulative impacts action by timely submitting all 267
426	426	relevant information concerning impact, costs, benefits, and alternatives. The Mayor, board, 268
427	427	commission, or authority shall deny a proposed action, if the applicant fails to submit relevant 269
428	428	information as specified in rules promulgated pursuant to section 10. 270
429	429	“(e) No funds appropriated to a District agency shall be expended to implement a 271
430	430	cumulative impacts action that has a disproportionate impact identified in a CIS unless the 272
431	431	Mayor submits the cumulative impacts action to the Council for its approval and the Council 273
432	432	approves the action (in accordance with criteria established by act of the Council). 274
433	433	“Sec. 4b. Modified Cumulative Impacts Statement requirements. 275
434	434	“(a) Whenever the Mayor or a board, commission, authority, or person proposes or 276
435	435	approves a cumulative impacts plan, the Mayor, board, commission, authority, or person shall 277
436	436	prepare or cause to be prepared, and transmit, in accordance with this section, a modified CIS at 278
437	437	least 60 days prior to implementation of the proposed cumulative impacts plan. The modified 279
438	438	CIS shall be written in a concise manner and shall contain: 280
439	439	“(1) The neighborhood and demographic context for the plan or policy, including 281
440	440	description of the impact it is expected to have on applicable facilities in overburdened 282
441	441	communities; 283
442	442	“(2) An assessment of the anticipated impacts, both positive and negative, of the 284
443	443	adoption of the cumulative impacts plan on each identified stressor in overburdened 285
444	444	communities; and 286
445	445
446	446
447	447	13
448	448
449	449	“(3) Identification of any disproportionate impact and a description of efforts to 287
450	450	mitigate each disproportionate impact, including any reasonable alternatives to the proposed 288
451	451	cumulative impacts plan that were considered but rejected. 289
452	452	“(b) The Mayor, board, commission, or authority shall transmit a copy of any modified 290
453	453	CIS, to the Council, the Attorney General for the District of Columbia, and any affected 291
454	454	Advisory Neighborhood Commission. A copy of the modified CIS shall be made available for 292
455	455	review by the public in the main office of the agency primarily responsible for drafting or 293
456	456	implementing the proposed cumulative impacts plan. 294
457	457	“(c) No funds appropriated to a District agency shall be expended to implement a 295
458	458	cumulative impacts plan that has a disproportionate impact identified in a modified CIS unless 296
459	459	the Mayor submits the cumulative impacts plan to the Council for its approval and the Council 297
460	460	approves the plan (in accordance with criteria established by act of the Council).”. 298
461	461	(f) Section 5 (D.C. Official Code § 8–109.04) is amended as follows: 299
462	462	(1) Designate the existing text as subsection (a). 300
463	463	(2) New subsections (b) and (c) are added to read as follows: 301
464	464	“(b) If the CIS, or the supplemental EIS prepared in lieu of a CIS, identifies a 302
465	465	disproportionate impact, the Mayor, board, commission, or authority of the District government 303
466	466	shall disapprove the action, unless the applicant proposes mitigating measures or substitutes a 304
467	467	reasonable alternative to avoid the disproportionate impact. 305
468	468	“(c) If the CIS, or the supplemental EIS prepared in lieu of a CIS, identifies no 306
469	469	disproportionate impact, it shall specify the mitigating measures or conditions of operation 307
470	470	required to support that finding.”. 308
471	471	(g) A new section 5a is added to read as follows: 309
472	472
473	473
474	474	14
475	475
476	476	“Sec. 5a. Enforcement and fines. 310
477	477	“The Mayor may fine an applicant or revoke an action taken on behalf of an applicant for 311
478	478	failure to comply with mitigating measures or conditions of operation identified in an EIS, a CIS 312
479	479	or supplemental EIS.”. 313
480	480	(h) Section 8 (D.C. Official Code § 8–109.07) is amended to read as follows: 314
481	481	“Sec. 8. Lead agencies; files. 315
482	482	“(a) The Mayor shall designate a lead agency to prepare an EIS, CIS, or supplemental 316
483	483	EIS when the preparation of the EIS or CIS requires the input of more than 1 agency. The lead 317
484	484	agency shall, if necessary, oversee the preparation of a single, omnibus EIS, ensure reasoned 318
485	485	consideration of and distinction among any inconsistent conclusions, and promote coordination 319
486	486	with public and private organizations and individuals with a special expertise or recognized 320
487	487	interest. 321
488	488	“(b) The Mayor shall maintain a file of all EISs, CISs, and supplemental EISs for public 322
489	489	review. The file shall be published, regularly updated, maintained, and available for public 323
490	490	inspection on a District government website.”. 324
491	491	(i) Section 9 (D.C. Official Code § 8–109.08) is amended to read as follows: 325
492	492	“Sec. 9. Judicial review. 326
493	493	“(a) Where an EIS or a CIS is prepared in connection with the issuance or, approval, or 327
494	494	renewal of a lease, permit, license, certificate, registration, or any other entitlement or permission 328
495	495	to act by a District government agency that is subject to administrative or judicial review under 329
496	496	applicable laws or regulations, the administrative or judicial review shall be governed by the 330
497	497	applicable laws and regulations. 331
498	498
499	499
500	500	15
501	501
502	502	“(b) Notwithstanding subsection (a) The People’s Counsel may bring a civil action on 332
503	503	behalf of any individual or individuals suffering a legal wrong, or adversely affected or 333
504	504	aggrieved by an order or decision of the Mayor or an agency regarding an action subject to an 334
505	505	EIS, CIS, supplemental CIS, or modified CIS, and such civil action shall be subject to review by 335
506	506	the District of Columbia Court of Appeals under section 11 of the District of Columbia 336
507	507	Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1203; D.C. Official Code § 337
508	508	2–510).”. 338
509	509	(j) Section 10 (D.C. Official Code § 8–109.09) is amended by adding a new subsection 339
510	510	(c) to read as follows: 340
511	511	“(c) Within 180 days of the effective date of the Environmental Justice Amendment Act 341
512	512	of 2023 (introduced on November 6, 2023), the Mayor shall, pursuant to the District of Columbia 342
513	513	Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1203; D.C. Official Code § 343
514	514	2–501 et seq.), issue proposed rules to implement the provisions of this act and to assist District 344
515	515	agencies in the review of a cumulative impacts screening form and in the preparation of a CIS. 345
516	516	The proposed rules shall be submitted to the Council for a 45-day period of review, excluding 346
517	517	Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve 347
518	518	or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review 348
519	519	period, the proposed rules shall be deemed approved.”. 349
520	520	(k) Section 13 (D.C. Official Code§ 8–109.12) is amended to read as follows: 350
521	521	“Sec. 13. Fees. 351
522	522	“Whenever the Mayor reviews an environmental impact or cumulative impacts screening 352
523	523	form or prepares, or causes to be prepared, an EIS, a CIS, or supplemental EIS under this 353
524	524	subchapter, the Mayor may impose a fee on the applicant to compensate the Mayor for the costs 354
525	525
526	526
527	527	16
528	528
529	529	of reviewing the environmental impact or cumulative impacts screening form or preparing the 355
530	530	EIS, CIS, or supplemental EIS.” 356
531	531	Sec. 3. The District Department of the Environment Establishment Act of 2005, effective 357
532	532	February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8–151.01 et seq.), is amended as 358
533	533	follows: 359
534	534	(a) Section 103(b)(1)(C) (D.C. Official Code § 8–151.03(b)(1)(C)) is amended as 360
535	535	follows: 361
536	536	(1) Strike the phrase “section 3” and insert the phrase “section 3a” in its place; 362
537	537	and 363
538	538	(2) Strike the phrase “Environmental Impact Statement” and insert the phrase 364
539	539	“Environmental Impact Statement or Cumulative Impacts Statement” in its place. 365
540	540	(b) Section 106 (D.C. Official Code § 8–151.06) is amended as follows: 366
541	541	(1) Paragraph (6) is amended by striking the phrase “; and” and inserting a 367
542	542	semicolon in its place. 368
543	543	(2) Paragraph (7)(D)(ii) is amended by striking the period and inserting the phrase 369
544	544	“; and” in its place. 370
545	545	(3) A new paragraph (8) is added to read as follows: 371
546	546	“(8) An Energy and Environmental Justice Division to lead DOEE’s efforts to do 372
547	547	the following: 373
548	548	(A) Identify and reduce the environmental, energy, climate, and health 374
549	549	burdens and cumulative impacts imposed on District residents in overburdened communities; 375
550	550	(B) Lead, coordinate, and track incorporation of energy justice and 376
551	551	environmental justice into the agency’s processes, priorities, and allocation of resources; 377
552	552
553	553
554	554	17
555	555
556	556	(C) Ensure that communities are empowered to exercise their rights to 378
557	557	participate in and enforce requirements established under the District’s environmental laws and 379
558	558	regulations, particularly those burdened with significant sources of pollution, facing 380
559	559	disproportionate cumulative impacts, experiencing chronic energy insecurity, or deprived of 381
560	560	distributed and clean energy resources; and 382
561	561	(D) Ensure that the District’s grid and clean energy investments materially 383
562	562	uplift energy insecure households, maximize the equitable deployment of distributed energy 384
563	563	resources (including rooftop and community solar, storage, weatherization, and energy efficiency 385
564	564	upgrades), minimize land use and wildlife impacts, and protect the public’s access to reliable, 386
565	565	resilient, and affordable energy. 387
566	566	Sec. 4. Section 2(5) of the Solid Waste Facility Permit Act of 1995, effective February 388
567	567	27, 1996 (D.C. Law 11-94; D.C. Official Code § 8–1051 et seq.), is amended by striking the 389
568	568	phrase “section 3” and inserting the phrase “section 3a” in its place. 390
569	569	Sec. 5. Applicability. 391
570	570	(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved 392
571	571	budget and financial plan. 393
572	572	(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in 394
573	573	an approved budget and financial plan, and provide notice to the Budget Director of the Council 395
574	574	of the certification. 396
575	575	(c)(1) The Budget Director shall cause the notice of the certification to be published in 397
576	576	the District of Columbia Register. 398
577	577	(2) The date of publication of the notice of the certification shall not affect the 399
578	578	applicability of this act. 400
579	579
580	580
581	581	18
582	582
583	583	Sec. 6. Fiscal impact statement. 401
584	584	The Council adopts the fiscal impact statement in the committee report as the fiscal 402
585	585	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 403
586	586	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 404
587	587	Sec. 7. Effective date. 405
588	588	This act shall take effect following approval by the Mayor (or in the event of veto by the 406
589	589	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 407
590	590	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 408
591	591	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 409
592	592	Columbia Register. 410