District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0104 Compare Versions

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

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7	7	January 31, 2025
8	8	Nyasha Smith, Secretary
9	9	Council of the District of Columbia
10	10	1350 Pennsylvania Avenue NW
11	11	Washington, DC 20004
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13	13	Dear Secretary Smith,
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15	15	Today, I am introducing the Cumulative Impacts Analysis Amendment Act of 2025. Please find
16	16	enclosed a signed copy of the legislation, which is co-introduced by Councilmember Kenyan
17	17	McDuffie.
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19	19	For decades, the District has concentrated facilities that produce air pollution, hazardous waste,
20	20	water pollution, stormwater runoff, and urban heat island effects in low income and
21	21	predominantly Black neighborhoods. During that time, the District has placed the burden of
22	22	fighting these injustices on the residents in Ivy City, Brentwood, Mayfair, Bellevue, and
23	23	countless other communities in Wards 4, 5, 7, and 8. Instead of empowering and lifting up the
24	24	needs of these resilient neighborhoods, we have exposed them to an outrageous accumulation of
25	25	environmental hazards through our land use, planning, and permitting processes.
26	26
27	27	The Cumulative Impacts Analysis Amendment Act of 2025—which is modeled on a New Jersey
28	28	statute and accompanying rulemaking—has four major components. The bill:
29	29	1. Establishes a “cumulative impact statement” process that must be completed to obtain
30	30	District permits and other relief for environmentally harmful actions in overburdened
31	31	communities;
32	32	2. Establishes a “modified cumulative impact statement” to assess District agency plans that
33	33	impact the siting of significant sources of environmental harm in overburdened
34	34	communities;
35	35	3. Establishes forms of accountability to ensure that these processes are enforceable and
36	36	result in meaningful progress for overburdened communities; and
37	37	4. Establishes an environmental justice division at DOEE.
38	38	The Cumulative Impacts Analysis Amendment Act would require an assessment of the
39	39	cumulative impacts created by major actions and actions at applicable facilities in overburdened 2
40	40	communities, require transparency and community engagement regarding those impacts, and
41	41	result in the denial of the proposed action if a disproportionate impact on an overburdened
42	42	community is identified. Actions that substantially reduce disproportionate impacts, are required
43	43	by changes in environmental regulations aimed at improving stressors, or that provide direct
44	44	benefits to overburdened communities (such as access to affordable housing, food, health care,
45	45	parks, trails, or public education) are exempt from this process.
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47	47	The legislation would also require the preparation of a modified cumulative impact statement
48	48	whenever a District agency proposes a plan or policy that that would subject an overburdened
49	49	community to significant sources of pollution. If the modified cumulative impact statement
50	50	identified a disproportionate impact on an overburdened community, an agency would be barred
51	51	from spending funds to implement the proposed policy or plan unless it obtained affirmative
52	52	approval from the D.C. Council. Road designs that are consistent with the District’s climate
53	53	commitments are exempt from this process.
54	54
55	55	Mindful of the fact that accountability is key to the success of any process, the Cumulative
56	56	Impacts Analysis Amendment Act would authorize the Mayor to fine an applicant or to revoke
57	57	an action taken on behalf of an applicant for failure to comply with mitigating measures or
58	58	conditions of operation identified in an environmental impact statement or cumulative impact
59	59	statement. The legislation would also empower the People’s Counsel to initiate a civil action on
60	60	behalf of any individual or individuals for legal wrongs suffered in the preparation or disposition
61	61	of an environmental impact statement or cumulative impact statement.
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63	63	Finally, the Cumulative Impacts Analysis Amendment Act would establish an Energy and
64	64	Environmental Justice Division in the Department of Energy and Environment. This division
65	65	would be charge with identifying and reducing environmental, energy, climate, and health
66	66	burdens and cumulative impacts in overburdened communities; leading, coordinating, and
67	67	tracking the incorporation of energy justice and environmental justice into the DOEE’s
68	68	processes, priorities, and allocation of resources; empowering communities to exercise their
69	69	rights under the District’s environmental laws and regulations; and ensuring that the District
70	70	continues to make investments in energy equity and access.
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72	72	I look forward to working with my colleagues on the Council and the Executive to advance
73	73	environmental justice in the District. Please contact my Deputy Chief of Staff, Conor Shaw, at
74	74	cshaw@dccouncil.gov if you have any questions about this legislation.
75	75
76	76	Sincerely,
77	77
78	78
79	79
80	80	Zachary Parker
81	81	Ward 5 Councilmember
82	82	Chair, Committee on Youth Affairs
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88	88	_____________________________ _____________________________ 2
89	89	Councilmember Kenyan R. McDuffie Councilmember Zachary Parker 3
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91	91	5
92	92	A BILL 6
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94	94	_________________________ 8
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96	96	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 10
97	97	11
98	98	_________________________ 12
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101	101	To amend the District of Columbia Environmental Policy Act of 1989 to reform the requirements 15
102	102	of an Environmental Impact Statement, to require a Cumulative Impacts Statement for 16
103	103	any major action in an overburdened community or any action at an applicable facility in 17
104	104	an overburdened community, to require a modified Cumulative Impacts Statement for 18
105	105	any plan or policy that impacts the siting or operation of applicable facilities in the 19
106	106	District, or any concept analysis or design of an interstate, freeway, expressway, or 20
107	107	arterial road inconsistent with the District’s climate commitments, to require the Mayor 21
108	108	to disapprove any cumulative impacts action with disproportionate impact unless 22
109	109	mitigating measures are taken or a reasonable alternative is substituted, to authorize the 23
110	110	Mayor to fine an applicant or revoke an action taken on behalf of an applicant for failure 24
111	111	to comply with mitigating measures or conditions of operation, and to require the Mayor 25
112	112	to maintain a file of all Environmental Impact Statements, Cumulative Impacts 26
113	113	Statements, and supplemental Environmental Impact Statements for public review, to 27
114	114	enhance accountability mechanisms under the Environmental Policy Act, to authorize the 28
115	115	Mayor to impose a fee on an applicant for the cost of reviewing a cumulative impacts 29
116	116	screening form or preparing a Cumulative Impacts Statement; and to create the Energy 30
117	117	and Environmental Justice Division at DOEE. 31
118	118	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 32
119	119	act may be cited as the “Cumulative Impacts Analysis Amendment Act of 2025”. 33
120	120	Sec. 2. The District of Columbia Environmental Policy Act of 1989, effective October 34
121	121	18, 1989 (D.C. Law 14-28; D.C. Official Code § 8–109.01 et seq.) is amended as follows: 35
122	122	(a) Section 2 (D.C. Official Code § 8–109.01) is amended to read as follows: 36
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127	127	(1) Strike the phrase “environmental impact” and insert the phrase “environmental 37
128	128	impact and cumulative impacts” in its place; and 38
129	129	(2) Strike the phrase “environmental effects” and insert the phrase 39
130	130	“environmental effects or cumulative impacts” in its place. 40
131	131	(b) Section 3 (D.C. Official Code § 8–109.02) is repealed. 41
132	132	(c) A new section 3a is added to read as follows: 42
133	133	“Sec. 3a. Definitions. 43
134	134	“For the purposes of this chapter, the term: 44
135	135	“(1) “Action” means: 45
136	136	“(A) A new project or activity directly undertaken by the Mayor or a 46
137	137	board, commission, or authority of the District government; or 47
138	138	“(B) A project or activity that involves the issuance, or renewal, of a lease, 48
139	139	permit, license, certificate, registration, other entitlement, or permission to act by an agency of 49
140	140	the District government. 50
141	141	“(2) “Adverse cumulative stressors” means that the combined stressor total of the 51
142	142	overburdened community is higher than the overburdened community’s geographic point of 52
143	143	comparison or would be made higher than an overburdened community’s geographic point of 53
144	144	comparison as a result of the action’s contribution. 54
145	145	“(3) “Adverse stressor” means a stressor in the overburdened community that is 55
146	146	higher than an overburdened community’s geographic point of comparison or would be made 56
147	147	higher than an overburdened community’s geographic point of comparison as a result of the 57
148	148	action’s contribution. 58
149	149	“(4) “Applicable facility” means any: 59
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154	154	“(A) Major source of air pollution as defined in chapter 2 of title 20 of the 60
155	155	District of Columbia Municipal Regulations; 61
156	156	“(B) Generator (including a very small quantity generator), transporter, or 62
157	157	storage, treatment, transfer or disposal facility as those terms are defined in 40 C.F.R. 260.10; 63
158	158	“(C) Sludge processing facility, or incinerator; 64
159	159	“(D) Sewage treatment plant with a capacity of more than 50 million 65
160	160	gallons per day; 66
161	161	“(E) Transfer station, recycling facility, or other solid waste facility; 67
162	162	“(F) Scrap metal facility; 68
163	163	“(G) Asphalt or concrete plant; 69
164	164	“(H) Medical waste facility, or incinerator; 70
165	165	“(I) A surface lie-down or parking lot containing more than 20,000 square 71
166	166	feet of impervious surface; 72
167	167	“(J) A depot, maintenance, or storage facility with capacity to store 10 or 73
168	168	more trucks, buses, or other heavy machinery that produce particulate matter through tire wear or 74
169	169	the operation of internal combustion engines; 75
170	170	“(5) “Climate commitments” means the greenhouse gas emission reduction 76
171	171	targets established in section 109d of District Department of the Environment Establishment Act 77
172	172	of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8–151.09d) and 78
173	173	policies issued consistent with that law, including the targets established in Clean Energy DC 79
174	174	and the District of Columbia Climate and Energy Action Plan. 80
175	175	“(6) “Combined stressor total” means the sum of adverse stressors in an 81
176	176	overburdened community; 82
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181	181	“(7) “Cumulative impacts action” means any major action located in whole, or in 83
182	182	part, in an overburdened community, or any action at an applicable facility located in whole, or 84
183	183	in part, in an overburdened community, but does not include an action that DOEE determines: 85
184	184	(A) Will substantially reduce the disproportionate impacts on the 86
185	185	overburdened community without extending the lifetime of the facility or significantly increasing 87
186	186	the capacity and operations of the facility; 88
187	187	(B) Is required for a facility to comply with changes to federal and District 89
188	188	environmental laws and regulations that reduce stressors; or 90
189	189	(C) Provides substantial direct benefits to the overburdened community 91
190	190	where it is located in the form of access to affordable housing, food, health care, parks, trails, or 92
191	191	public education. 93
192	192	“(8) “Cumulative impacts plan” means: 94
193	193	“(A) A plan or policy that impacts the siting or operation of applicable 95
194	194	facilities in the District, including the Comprehensive Plan and the Districtwide Production 96
195	195	Distribution and Repair Report; or 97
196	196	“(B) A concept analysis or design of an interstate, freeway, expressway, or 98
197	197	arterial road that is inconsistent with the District’s climate commitments. For the purposes of this 99
198	198	act, a concept or design of an interstate, freeway, expressway, or arterial road shall be presumed 100
199	199	to be consistent with the District’s climate commitments if it: 101
200	200	“(i) Incorporates a road diet that reduces by at least 33% the 102
201	201	number of available vehicle lanes; 103
202	202	“(ii) Introduces restricted lanes that are designated for use by buses 104
203	203	or streetcars at least 84 hours a week without expanding the width of the road; 105
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208	208	“(iii) Establishes an off-street recreational trail that is designed for 106
209	209	users aged 8-80 years old without expanding the width of the road; or 107
210	210	“(iv) Replaces an interstate, freeway, or expressway with a 108
211	211	recreational facility, residential or mixed use development, or surface road that is designed to 109
212	212	carry 40 percent fewer vehicles per day. 110
213	213	“(9) “Disproportionate impact” means the action cannot avoid either: 111
214	214	“(A) Creating adverse cumulative stressors in an overburdened community 112
215	215	as a result of the action’s contribution; or 113
216	216	“(B) Contributing to an adverse stressor in an overburdened community 114
217	217	that is already subject to adverse cumulative stressors. 115
218	218	“(10) “DOEE” means the Department of Energy and Environment. 116
219	219	“(11) “Environment” means the physical conditions that will be affected by a 117
220	220	proposed action, including but not limited to, the land, air, water, minerals, flora and fauna. 118
221	221	“(12) “Functional equivalent” means the full and adequate description and 119
222	222	analysis of the environmental impact of a proposed action by an agency, board, commission, or 120
223	223	authority of the District government that examines or imposes environmental controls under 121
224	224	procedures that provide for notice, opportunity for public comment, and the creation of a 122
225	225	reviewable record. 123
226	226	“(13) “Geographic point of comparison” means the comparison area and value 124
227	227	used to determine whether an overburdened community is subject to one or more adverse 125
228	228	stressors and is determined by selecting the lower value of the District or ward’s 50th percentile, 126
229	229	calculated excluding the values of other overburdened communities. For the purposes of this 127
230	230	definition, “ward” shall refer to the ward in which the overburdened community is located. 128
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235	235	“(14) “Hazardous substance” means any solid, liquid, gaseous, or semisolid form 129
236	236	or combination that, because of its nature, concentration, physical, chemical, or infectious 130
237	237	characteristic, as established by the Mayor, may: 131
238	238	“(A) Cause or significantly contribute to an increase in mortality or an 132
239	239	increase in a serious, irreversible or incapacitating reversible illness; or 133
240	240	“(B) Pose a substantial hazard to human health or the environment if 134
241	241	improperly treated, stored, transported, disposed of, or otherwise managed, including substances 135
242	242	that are toxic, carcinogenic, flammable, irritants, strong sensitizers, or that generate pressure 136
243	243	through decomposition, heat, or other means and containers and receptacles previously used in 137
244	244	the transportation, storage, use, or application of hazardous substances. 138
245	245	“(15) “Lead agency” means the District agency designated by the Mayor to have 139
246	246	primary responsibility for the preparation of an Environmental Impact Statement (“EIS”), or a 140
247	247	Cumulative Impacts Statement (“CIS”). 141
248	248	“(16) “Major action” means any action that costs over $1,000,000 and that may 142
249	249	have a significant impact on the environment, except that, subject to the exemptions in section 7, 143
250	250	the Mayor, pursuant to rules issued in accordance with section 10, shall classify any action that 144
251	251	costs less than $1,000,000 as a major action, if the action imminently and substantially affects 145
252	252	the public health, safety, or welfare. The cost level of $1,000,000 shall be based on 1989 dollars 146
253	253	adjusted annually according to the Consumer Price Index. 147
254	254	“(17)(A) “Overburdened community” means any census block group in the top 148
255	255	quartile of the 2022 Environmental Justice Index published by the Centers for Disease Control 149
256	256	and any census block group in the second quartile of the 2022 Environmental Justice Index that 150
257	257	is adjacent to a census block group in the top quartile of the 2022 Environmental Justice Index. 151
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262	262	(B) Five years after the effective date of the Environmental Justice Amendment 152
263	263	Act of 2023 (introduced on November 6, 2023) and every 5 years thereafter, DOEE may issue 153
264	264	regulations adjusting the definition of an overburdened community, providing that DOEE 154
265	265	considers the social vulnerability of residents, including racial or ethnic minority status and 155
266	266	socioeconomic status; environmental burdens, including air pollution, potentially hazardous and 156
267	267	toxic sites, built environment, transportation infrastructure, water pollution, and urban heat island 157
268	268	effect; and health vulnerability, including the incidence of pre-existing chronic diseases, food 158
269	269	access, and health care access. 159
270	270	(C) DOEE shall publish and maintain a map on its website identifying 160
271	271	overburdened communities in the District. 161
272	272	“(18) “Stressor” includes: 162
273	273	“(A) Sources of environmental pollution, including concentrated areas of 163
274	274	air pollution, mobile sources of air pollution, contaminated sites, transfer stations or other solid 164
275	275	waste facilities, recycling facilities, scrap yards; 165
276	276	“(B) Point-sources of water pollution including water pollution from 166
277	277	facilities or combined sewer overflows;, also 167
278	278	“(C) Concentrated areas of heat from urban heat island effect; 168
279	279	“(D) Conditions that cause significant public health impacts, including 169
280	280	accidental injuries or death, asthma, cancer, elevated blood lead levels, cardiovascular disease, 170
281	281	dementia, pregnancy loss, maternal mortality and developmental disabilities in the overburdened 171
282	282	community; or 172
283	283	“(E) Any other stressors as defined by DOEE.”. 173
284	284	(d) Section 4 (D.C. Official Code § 8–109.03) is amended as follows: 174
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289	289	(1) Subsection 3(a) is amended to add a new paragraph 2A to read as follows: 175
290	290	“(2A) The relationship of the proposed major action to the District’s climate 176
291	291	commitments;”. 177
292	292	(2) Subsection 3(b) is amended by striking the phrase “registered voters” and 178
293	293	inserting the phrase “qualified electors in local elections” in its place. 179
294	294	(3) Subsection 3(c) is amended as follows: 180
295	295	(A) Strike the phrase “grant or issuance” wherever it appears and insert the 181
296	296	phrase “grant, issuance, or renewal” in its place. 182
297	297	(B) Strike the phrase “certificate” wherever it appears and insert the 183
298	298	phrase “certificate, registration” in its place. 184
299	299	(C) Paragraph (3)(B) is amended by striking the phrase “this paragraph” 185
300	300	and inserting the phrase “paragraph or section 13” in its place. 186
301	301	(e) New sections 4a and 4b are added to read as follows: 187
302	302	“Sec. 4a. Cumulative Impacts Statement requirements. 188
303	303	“(a) Whenever the Mayor or a board, commission, authority, or person proposes or 189
304	304	approves a cumulative impacts action, the Mayor, board, commission, authority, or person shall 190
305	305	prepare or cause to be prepared, and transmit, in accordance with this section, a detailed CIS at 191
306	306	least 60 days prior to implementation of the proposed cumulative impacts action. The CIS shall 192
307	307	be written in a concise manner and shall contain: 193
308	308	“(1) A detailed description of the neighborhood setting of the facility, which shall 194
309	309	include: 195
310	310	“(A) The location of any existing applicable facility; 196
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315	315	“(B) The location of community assets, including transit facilities; 197
316	316	hospitals; senior, low-income, and public housing; nursing homes; playgrounds; parks; trails; and 198
317	317	schools; 199
318	318	“(C) Key demographic and economic information from the United States 200
319	319	Census, the American Community Survey, or similar sources; 201
320	320	“(D) Current zoning and future land use as established in the 202
321	321	Comprehensive Plan for the National Capital and any applicable Small Area Plan; 203
322	322	“(E) The prevalence of land zoned for production, distribution, and repair 204
323	323	in the census block where the facility is (or will be) located as well as adjacent census blocks; 205
324	324	and 206
325	325	“(F) Existing urban heat island effects and flooding hazards. 207
326	326	“(2) A description of the facility's current and proposed operations, including: 208
327	327	“(A) A site plan of the facility or equivalent map if no site plan exists; 209
328	328	“(B) An explanation of the purpose of the cumulative impacts action 210
329	329	sought, including how the action serves the needs of the individuals in the overburdened 211
330	330	community; 212
331	331	“(C) An assessment of the relationship of the cumulative impacts action to 213
332	332	the District’s climate commitments; and 214
333	333	“(D) Identification of all stressors that are anticipated as a result of the 215
334	334	operation and construction of the facility, as well as processes and investments designed to 216
335	335	control or mitigate those stressors; 217
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340	340	“(3) A list of all leases, permits, licenses, certificates, registrations, other 218
341	341	entitlements, or permissions to act, by an agency of the District or federal government, required 219
342	342	for the facility (including those previously obtained); and 220
343	343	“(4) An assessment of the anticipated impacts, both positive and negative, of the 221
344	344	construction and operation of the facility on each identified stressor in the overburdened 222
345	345	community. The assessment shall assume the facility operates at the maximum usage or output 223
346	346	allowable under District and federal law and the terms of the action sought. 224
347	347	“(b) If a cumulative impacts action also requires an EIS per section 4, the CIS required by 225
348	348	this section may be prepared and transmitted as a supplemental EIS per section 6, provided the 226
349	349	supplemental EIS meets the requirements of this section. 227
350	350	“(c) The Mayor, board, commission, or authority shall transmit a copy of any CIS 228
351	351	prepared pursuant to subsection (a) of this section, or any supplemental EIS prepared in lieu of a 229
352	352	CIS pursuant to subsection (b) of this section, to the Council, any District agency that has 230
353	353	responsibility for implementing the cumulative impacts action or special expertise with respect to 231
354	354	any stressors involved, and any affected Advisory Neighborhood Commission. A copy of the 232
355	355	CIS, or supplemental EIS prepared in lieu of a CIS, shall be made available for review by the 233
356	356	public in the main office of the agency primarily responsible for implementing or permitting the 234
357	357	proposed cumulative impacts action. The Mayor, board, commission, or authority shall provide a 235
358	358	reasonable period consistent with the District of Columbia Administrative Procedure Act, 236
359	359	approved October 21, 1968 (82 Stat. 1203; D.C. Official Code § 2–501 et seq.), for comment on 237
360	360	any CIS prepared pursuant to subsection (a) of this section, or any supplemental EIS prepared in 238
361	361	lieu of a CIS pursuant to subsection (b) of this section. The Mayor, board, commission, or 239
362	362	authority shall conduct a public hearing pursuant to the rules issued in accordance with section 240
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367	367	10(c) for any CIS or supplemental EIS prepared in conjunction with any major action. If 25 241
368	368	qualified electors in local elections in an affected single member district request a public hearing 242
369	369	on a CIS, or a supplemental EIS prepared in lieu of a CIS, for any other action, or if there is 243
370	370	significant public interest, the Mayor, board, commission, or authority shall conduct a public 244
371	371	hearing pursuant to the rules issued in accordance with section 10(c). 245
372	372	“(d)(1) Upon receipt of an application for a proposed major action, or a proposed action 246
373	373	at an applicable facility, the Mayor, board, agency, commission, or authority of the District 247
374	374	government shall determine within 30 days, excluding Saturdays, Sundays, and legal holidays, 248
375	375	whether the action is a cumulative impacts action and a CIS is required per subsection (a). 249
376	376	“(2) The agency shall notify the applicant, in writing, if a determination has been 250
377	377	made that the action is a cumulative impacts action and a CIS is required. Notice of the 251
378	378	determination and the findings that support the determination shall be kept on file by the Mayor. 252
379	379	“(3) The Mayor, board, commission, or authority may require an applicant to 253
380	380	prepare a CIS, or a supplemental EIS in lieu of a CIS. A nongovernmental applicant shall be 254
381	381	charged a fee to cover the cost of agency review of the CIS, or supplemental EIS prepared in lieu 255
382	382	of a CIS. No lease, permit, license, certificate, registration, or other entitlement shall be issued, 256
383	383	unless the applicant required to prepare a CIS has completed the CIS, or a supplemental EIS in 257
384	384	lieu of the CIS, in compliance with this act and paid any fee charged pursuant to this paragraph 258
385	385	or section 13. 259
386	386	“(4) The applicant shall assist the Mayor, or the board, commission, or authority 260
387	387	at any stage of the review of the proposed cumulative impacts action by timely submitting all 261
388	388	relevant information concerning impact, costs, benefits, and alternatives. The Mayor, board, 262
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392	392
393	393	commission, or authority shall deny a proposed action, if the applicant fails to submit relevant 263
394	394	information as specified in rules promulgated pursuant to section 10. 264
395	395	“(e) No funds appropriated to a District agency shall be expended to implement a 265
396	396	cumulative impacts action that has a disproportionate impact identified in a CIS unless the 266
397	397	Mayor submits the cumulative impacts action to the Council for its approval and the Council 267
398	398	approves the action (in accordance with criteria established by act of the Council). 268
399	399	“Sec. 4b. Modified Cumulative Impacts Statement requirements. 269
400	400	“(a) Whenever the Mayor or a board, commission, authority, or person proposes or 270
401	401	approves a cumulative impacts plan, the Mayor, board, commission, authority, or person shall 271
402	402	prepare or cause to be prepared, and transmit, in accordance with this section, a modified CIS at 272
403	403	least 60 days prior to implementation of the proposed cumulative impacts plan. The modified 273
404	404	CIS shall be written in a concise manner and shall contain: 274
405	405	“(1) The neighborhood and demographic context for the plan or policy, including 275
406	406	description of the impact it is expected to have on applicable facilities in overburdened 276
407	407	communities; 277
408	408	“(2) An assessment of the anticipated impacts, both positive and negative, of the 278
409	409	adoption of the cumulative impacts plan on each identified stressor in overburdened 279
410	410	communities; and 280
411	411	“(3) Identification of any disproportionate impact and a description of efforts to 281
412	412	mitigate each disproportionate impact, including any reasonable alternatives to the proposed 282
413	413	cumulative impacts plan that were considered but rejected. 283
414	414	“(b) The Mayor, board, commission, or authority shall transmit a copy of any modified 284
415	415	CIS, to the Council, the Attorney General for the District of Columbia, and any affected 285
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419	419
420	420	Advisory Neighborhood Commission. A copy of the modified CIS shall be made available for 286
421	421	review by the public in the main office of the agency primarily responsible for drafting or 287
422	422	implementing the proposed cumulative impacts plan. 288
423	423	“(c) No funds appropriated to a District agency shall be expended to implement a 289
424	424	cumulative impacts plan that has a disproportionate impact identified in a modified CIS unless 290
425	425	the Mayor submits the cumulative impacts plan to the Council for its approval and the Council 291
426	426	approves the plan (in accordance with criteria established by act of the Council).”. 292
427	427	(f) Section 5 (D.C. Official Code § 8–109.04) is amended as follows: 293
428	428	(1) Designate the existing text as subsection (a). 294
429	429	(2) New subsections (b) and (c) are added to read as follows: 295
430	430	“(b) If the CIS, or the supplemental EIS prepared in lieu of a CIS, identifies a 296
431	431	disproportionate impact, the Mayor, board, commission, or authority of the District government 297
432	432	shall disapprove the action, unless the applicant proposes mitigating measures or substitutes a 298
433	433	reasonable alternative to avoid the disproportionate impact. 299
434	434	“(c) If the CIS, or the supplemental EIS prepared in lieu of a CIS, identifies no 300
435	435	disproportionate impact, it shall specify the mitigating measures or conditions of operation 301
436	436	required to support that finding.”. 302
437	437	(g) A new section 5a is added to read as follows: 303
438	438	“Sec. 5a. Enforcement and fines. 304
439	439	“The Mayor may fine an applicant or revoke an action taken on behalf of an applicant for 305
440	440	failure to comply with mitigating measures or conditions of operation identified in an EIS, a CIS 306
441	441	or supplemental EIS.”. 307
442	442	(h) Section 8 (D.C. Official Code § 8–109.07) is amended to read as follows: 308
443	443
444	444
445	445	14
446	446
447	447	“Sec. 8. Lead agencies; files. 309
448	448	“(a) The Mayor shall designate a lead agency to prepare an EIS, CIS, or supplemental 310
449	449	EIS when the preparation of the EIS or CIS requires the input of more than 1 agency. The lead 311
450	450	agency shall, if necessary, oversee the preparation of a single, omnibus EIS, ensure reasoned 312
451	451	consideration of and distinction among any inconsistent conclusions, and promote coordination 313
452	452	with public and private organizations and individuals with a special expertise or recognized 314
453	453	interest. 315
454	454	“(b) The Mayor shall maintain a file of all EISs, CISs, and supplemental EISs for public 316
455	455	review. The file shall be published, regularly updated, maintained, and available for public 317
456	456	inspection on a District government website.”. 318
457	457	(i) Section 9 (D.C. Official Code § 8–109.08) is amended to read as follows: 319
458	458	“Sec. 9. Judicial review. 320
459	459	“(a) Where an EIS or a CIS is prepared in connection with the issuance or, approval, or 321
460	460	renewal of a lease, permit, license, certificate, registration, or any other entitlement or permission 322
461	461	to act by a District government agency that is subject to administrative or judicial review under 323
462	462	applicable laws or regulations, the administrative or judicial review shall be governed by the 324
463	463	applicable laws and regulations. 325
464	464	“(b) Notwithstanding subsection (a) The People’s Counsel may bring a civil action on 326
465	465	behalf of any individual or individuals suffering a legal wrong, or adversely affected or 327
466	466	aggrieved by an order or decision of the Mayor or an agency regarding an action subject to an 328
467	467	EIS, CIS, supplemental CIS, or modified CIS, and such civil action shall be subject to review by 329
468	468	the District of Columbia Court of Appeals under section 11 of the District of Columbia 330
469	469
470	470
471	471	15
472	472
473	473	Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1203; D.C. Official Code § 331
474	474	2–510).”. 332
475	475	(j) Section 10 (D.C. Official Code § 8–109.09) is amended by adding a new subsection 333
476	476	(c) to read as follows: 334
477	477	“(c) Within 180 days of the effective date of the Environmental Justice Amendment Act 335
478	478	of 2023 (introduced on November 6, 2023), the Mayor shall, pursuant to the District of Columbia 336
479	479	Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1203; D.C. Official Code § 337
480	480	2–501 et seq.), issue proposed rules to implement the provisions of this act and to assist District 338
481	481	agencies in the review of a cumulative impacts screening form and in the preparation of a CIS. 339
482	482	The proposed rules shall be submitted to the Council for a 45-day period of review, excluding 340
483	483	Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve 341
484	484	or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review 342
485	485	period, the proposed rules shall be deemed approved.”. 343
486	486	(k) Section 13 (D.C. Official Code§ 8–109.12) is amended to read as follows: 344
487	487	“Sec. 13. Fees. 345
488	488	“Whenever the Mayor reviews an environmental impact or cumulative impacts screening 346
489	489	form or prepares, or causes to be prepared, an EIS, a CIS, or supplemental EIS under this 347
490	490	subchapter, the Mayor may impose a fee on the applicant to compensate the Mayor for the costs 348
491	491	of reviewing the environmental impact or cumulative impacts screening form or preparing the 349
492	492	EIS, CIS, or supplemental EIS.” 350
493	493	Sec. 3. The District Department of the Environment Establishment Act of 2005, effective 351
494	494	February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8–151.01 et seq.), is amended as 352
495	495	follows: 353
496	496
497	497
498	498	16
499	499
500	500	(a) Section 103(b)(1)(C) (D.C. Official Code § 8–151.03(b)(1)(C)) is amended as 354
501	501	follows: 355
502	502	(1) Strike the phrase “section 3” and insert the phrase “section 3a” in its place; 356
503	503	and 357
504	504	(2) Strike the phrase “Environmental Impact Statement” and insert the phrase 358
505	505	“Environmental Impact Statement or Cumulative Impacts Statement” in its place. 359
506	506	(b) Section 106 (D.C. Official Code § 8–151.06) is amended as follows: 360
507	507	(1) Paragraph (6) is amended by striking the phrase “; and” and inserting a 361
508	508	semicolon in its place. 362
509	509	(2) Paragraph (7)(D)(ii) is amended by striking the period and inserting the phrase 363
510	510	“; and” in its place. 364
511	511	(3) A new paragraph (8) is added to read as follows: 365
512	512	“(8) An Energy and Environmental Justice Division to lead DOEE’s efforts to do 366
513	513	the following: 367
514	514	(A) Identify and reduce the environmental, energy, climate, and health 368
515	515	burdens and cumulative impacts imposed on District residents in overburdened communities; 369
516	516	(B) Lead, coordinate, and track incorporation of energy justice and 370
517	517	environmental justice into the agency’s processes, priorities, and allocation of resources; 371
518	518	(C) Ensure that communities are empowered to exercise their rights to 372
519	519	participate in and enforce requirements established under the District’s environmental laws and 373
520	520	regulations, particularly those burdened with significant sources of pollution, facing 374
521	521	disproportionate cumulative impacts, experiencing chronic energy insecurity, or deprived of 375
522	522	distributed and clean energy resources; and 376
523	523
524	524
525	525	17
526	526
527	527	(D) Ensure that the District’s grid and clean energy investments materially 377
528	528	uplift energy insecure households, maximize the equitable deployment of distributed energy 378
529	529	resources (including rooftop and community solar, storage, weatherization, and energy efficiency 379
530	530	upgrades), minimize land use and wildlife impacts, and protect the public’s access to reliable, 380
531	531	resilient, and affordable energy. 381
532	532	Sec. 4. Section 2(5) of the Solid Waste Facility Permit Act of 1995, effective February 382
533	533	27, 1996 (D.C. Law 11-94; D.C. Official Code § 8–1051 et seq.), is amended by striking the 383
534	534	phrase “section 3” and inserting the phrase “section 3a” in its place. 384
535	535	Sec. 5. Applicability. 385
536	536	(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved 386
537	537	budget and financial plan. 387
538	538	(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in 388
539	539	an approved budget and financial plan, and provide notice to the Budget Director of the Council 389
540	540	of the certification. 390
541	541	(c)(1) The Budget Director shall cause the notice of the certification to be published in 391
542	542	the District of Columbia Register. 392
543	543	(2) The date of publication of the notice of the certification shall not affect the 393
544	544	applicability of this act. 394
545	545	Sec. 6. Fiscal impact statement. 395
546	546	The Council adopts the fiscal impact statement in the committee report as the fiscal 396
547	547	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 397
548	548	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 398
549	549	Sec. 7. Effective date. 399
550	550
551	551
552	552	18
553	553
554	554	This act shall take effect following approval by the Mayor (or in the event of veto by the 400
555	555	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 401
556	556	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 402
557	557	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 403
558	558	Columbia Register. 404