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