Regular Session 2021-2022 House Bill 2866 P.N. 3537

PRINTER'S NO. 3537

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2866

Session of

2022

INTRODUCED BY RABB, ZABEL, HILL-EVANS, N. NELSON, STURLA,

SCHLOSSBERG, SANCHEZ, HOHENSTEIN, GUENST, MADDEN, INNAMORATO,

PARKER, FRANKEL, ISAACSON, OTTEN AND LEE, OCTOBER 3, 2022

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,

OCTOBER 3, 2022

AN ACT

Establishing the Environmental Justice Policy Center and the

Environmental Justice Policy Fund; and making an

appropriation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Environmental

Justice Policy Act.

Section 2. Findings and declarations.

The General Assembly finds and declares that the

Environmental Justice Policy Center should be established as an

independent, autonomous authority to conduct research, develop

and promote recommendations and serve as a clearinghouse for

information regarding environmental justice and which functions

should be performed collaboratively with communities,

organizations and governmental entities across this

Commonwealth.

Section 3. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Board." The Environmental Justice Policy Board of Directors

established under section 5.

"Center." The Environmental Justice Policy Center

established under section 4.

"Environmental justice." The fair treatment and meaningful

involvement of individuals, regardless of age, race, color,

national origin, ethnicity, religion, creed, gender, gender

identity or expression, sexual orientation, disability,

predisposing genetic characteristics, military status, marital

status, familial status, income, geographic representation or

status as a victim, regarding the development, implementation

and enforcement of environmental laws, regulations, policies and

practices that achieve climate, environmental, health and

economic justice for the residents of this Commonwealth.

"Fund." The Environmental Justice Policy Fund established

under section 6.

Section 4. Center.

(a) Establishment.--The Environmental Justice Policy Center

is established as a public authority and instrumentality of the

Commonwealth.

(b) Administration.--

(1) The center shall be a body corporate and politic and

exercise the powers of the Commonwealth as an agency of the

Commonwealth.

(2) The center shall be governed by the board, which

shall exercise the powers and duties of the center.

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powers and duties:

(1) Establish general policies and promulgate any

necessary rules and regulations to administer this act.

(2) Appoint committees, subcommittees or advisory

committees to advise and assist the board, subject to the

compensation and expense requirements under section 5(l).

(3) Conduct research, develop and promote

recommendations and serve as a clearinghouse for information

regarding environmental justice. In performing these

functions, the center shall work collaboratively with

communities, organizations and governmental entities across

this Commonwealth to:

(i) Develop a Statewide environmental justice agenda

to include the following:

(A) Environmental justice policy recommendations

for State and local governments.

(B) Proposed environmental justice legislation.

publicly accessible Internet website for tracking

work and impact regarding environmental justice.

(D) Political action and advocacy campaigns.

(E) Outreach, engagement, education and

communications strategies.

(ii) Assist in building capacity and participating

in the development and implementation of environmental

justice measures at the State and local government levels

to establish the following:

(A) Meaningful and effective public

participation in governmental decision making.

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(B) Healthful outcomes, including the reduction

of toxins and greenhouse gases.

(iii) Coordinate research regarding environmental

justice, to:

(A) Serve as a clearinghouse and information

repository for the collection, preparation and

dissemination of information on environmental

justice.

(B) Collect systematically the data obtained

from studies, research and empirical evidence

regarding environmental justice.

health and economic data regarding environmental

justice and address conditions in communities that

have been historically under-resourced and

overburdened.

(D) Complete research papers and projects about

environmental justice, environmental racism and

environmental harms.

(E) Create a venue for disseminating outside

environmental justice policy research and best

practices.

(F) Publish data and otherwise disseminate

information regarding environmental justice.

(4) Coordinate efforts to identify and pursue Federal,

State and other funding opportunities for programs and

services regarding environmental justice.

(5) Solicit and raise money from public and private

sources for programs and services regarding environmental

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justice.

(6) Accept money on behalf of the Commonwealth from

various sources, including Federal money, gifts, grants,

donations, legacies from individuals, organizations, public

or private corporations and other similar entities.

(7) Enter into or make any contract, agreement, lease,

understanding or other transaction as may be necessary to

conduct the business of the center.

(8) Bring and defend legal actions in any court.

(9) Establish accounts necessary or desirable to carry

out the purposes of this act.

(10) Employ staff, including an executive director. The

following apply:

(i) An individual employed by the center shall be an

employee of the Commonwealth.

(ii) The center may contract with persons, including

legal counsel, consultants, advisors, agents,

accountants, auditors, financial experts or service

providers, as deemed necessary and at the discretion of

the center.

(11) Pay or satisfy obligations of the center.

(12) Commence any action necessary to protect or enforce

a right conferred upon the center by law, contract or

otherwise.

(13) Perform any other function as may be necessary to

carry out the purposes of this act.

Section 5. Board.

(a) Establishment.--The Environmental Justice Policy Board

of Directors is established to exercise the powers and duties of

the center.

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(b) Membership.--The board shall consist of nine members

appointed in accordance with this section.

recommend three individuals as potential appointees to the

board:

(1) The Secretary of Agriculture or a designee.

(2) The Secretary of Community and Economic Development

or a designee.

(3) The Secretary of Conservation and Natural Resources

or a designee.

(4) A representative of the Office of Environmental

Justice, appointed by the Secretary of Environmental

Protection.

(5) A representative of the Office of Health Equity,

appointed by the Secretary of Health.

(6) A representative of the Bureau of Child and Family

Services, appointed by the Secretary of Human Services.

(7) The Secretary of Labor and Industry or a designee.

(8) The State Inspector General or a designee.

(9) A representative of the Pennsylvania Human Relations

Commission, appointed by the chair of the Pennsylvania Human

Relations Commission.

(d) List of potential appointees.--The individuals specified

under subsection (c) shall develop a list of all the potential

appointees developed under subsection (c) and provide the list

to:

(1) The President pro tempore of the Senate.

(2) The Minority Leader of the Senate.

(3) The Speaker of the House of Representatives.

(4) The Minority Leader of the House of Representatives.

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(e) Selection process.--

(1) Upon receiving the list of potential appointees

under subsection (d), the legislative officers specified

under subsection (d) shall:

(i) Review the list and denote their preferred

choices for appointees.

(ii) Choose one appointee from the three potential

appointees recommended by each of the nine individuals

specified under subsection (c), based on the results of

their review and their preferred choices.

(2) In the event of a tie vote regarding the selection

of an individual as an appointee under paragraph (1)(ii),

another vote shall be taken on the selection, with the

following individuals making the determination:

(i) The legislative leaders under subsection (d).

(ii) The chairperson of the Environmental Resources

and Energy Committee of the Senate.

(iii) The minority chairperson of the Environmental

Resources and Energy Committee of the Senate.

(iv) The chairperson of the Environmental Resources

and Energy Committee of the House of Representatives.

(v) The minority chairperson of the Environmental

Resources and Energy Committee of the House of

Representatives.

(f) Terms.--

(1) The term of each member of the board shall be three

years.

(2) At the expiration of a board member's term, the

board member may be reappointed for an additional term or a

new board member may be appointed for the subsequent term, in

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the same manner as the original appointment.

(3) An individual may not serve for more than three

successive terms as a member of the board.

(g) Vacancies.--A vacancy on the board shall be filled for

the unexpired term in the same manner as the original

appointment.

(h) Chairperson and vice chairperson.--The members of the

board shall annually elect a chairperson and vice chairperson of

the board. The vice chairperson shall serve as chairperson in

the absence of the chairperson.

(i) Quorum.--A majority of the members of the board shall

constitute a quorum to conduct business.

(j) Transacting business.--Action may only be taken by the

board at a meeting upon an affirmative vote of a majority of the

members of the board who are present in person at the meeting or

who are participating during the meeting through electronic

means.

(k) Meetings.--

(1) Within 90 days of the effective date of this

subsection, the board shall hold its initial meeting.

(2) The board shall meet at least once quarterly and

shall hold other meetings as the board deems necessary.

(l) Compensation and expenses.--Members of the board shall

not be entitled to compensation for their services as members

but shall be entitled to reimbursement for actual and necessary

expenses incurred in the discharge of official duties as members

of the board.

(m) Records.--Meetings of the board shall be subject to the

requirements of 65 Pa.C.S. Ch. 7 (relating to open meetings).

Section 6. Environmental Justice Policy Fund.

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The Environmental Justice Policy Fund is established in the

State Treasury. Money in the fund shall be used for the purposes

specified in this act.

Section 7. Transfers.

The sum of $10,000,000 shall be transferred from the General

Fund to the fund. Money transferred to the fund is appropriated

on a continuing basis to the center for the purposes specified

in this act.

Section 8. Reports.

(a) Requirement.--The center shall submit an annual report

specifying the activities of the center and detailing the

following:

(1) The budget of the center.

(2) Individual projects and activities of the center

during the preceding fiscal year.

(3) The progress of the center in achieving the goals

and objectives under this act.

(b) Submittal.--The center shall submit each annual report

to the Governor and the General Assembly.

its publicly accessible Internet website.

Section 9. Audits.

The Auditor General shall examine and audit on an annual

basis the accounts and books of the center.

Section 10. Effective date.

This act shall take effect in 60 days.

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