Sec. 302. Initial climate and environmental justice analysis
627 words·~3 min read·
/bill/116/hr/8019/ih/section-302·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Whenever an agency is required by section 553 of title 5, United States Code, or any other law, to publish a general notice of proposed rulemaking for a proposed rule, or publishes a notice of proposed rulemaking for an interpretative rule involving the internal revenue laws of the United States, the Board of Advisors, in coordination with the Director of the agency, shall determine whether the proposed rule may have a significant impact on 1 or more frontline communities. If the Board of Advisors determines under paragraph
(1)that a proposed rule will not have a significant impact on 1 or more frontline communities, the Board of Advisors shall make publicly available on the website of the Office and publish in the Federal Register a statement of the rationale for that determination. Subject to section 305(b), in the case of a proposed rule that the Board of Advisors determines may have a significant impact on 1 or more frontline communities under subsection (a)(1), the applicable agency shall— in coordination with the Director of the agency, prepare an initial climate and environmental justice analysis; and make available for public comment the initial climate and environmental justice analysis under subparagraph (A). An initial climate and environmental justice analysis under paragraph (1)(A) shall describe the quantitative and qualitative impacts of the proposed rule on frontline communities, including cultural impacts. The initial climate and environmental justice analysis under paragraph (1)(A), or a summary of that analysis, shall be published in the Federal Register at the time of the publication of the general notice of proposed rulemaking for the rule. The agency shall transmit a copy of the initial climate and environmental justice analysis under paragraph (1)(A) to the head of the Office. Each initial climate and environmental justice analysis under subsection (b)(1)(A) shall contain— a description of the reasons why action by the agency is being considered; a succinct statement of the objectives of, and legal basis for, the proposed rule; a description of and, where feasible, an estimate of the number of residents of frontline communities on which the proposed rule will have a significant impact; a description of the impact to individual frontline communities; a description of input and comments from coordination with frontline communities under section 305; a justification for the incorporation or rejection of any comments from coordination with frontline communities under section 305; a description of the individuals and groups from the coordination with frontline communities under section 305; and an identification, to the extent practicable, of all relevant Federal rules which may duplicate, overlap, or conflict with the proposed rule. An initial climate and environmental justice analysis under subsection (b)(1)(A) shall contain a description of any significant alternatives to the proposed rule that— accomplish the stated objectives of applicable statutes; and minimize any significant negative economic, environmental, or public health impact of the proposed rule on frontline communities; or maximize any significant positive economic, environmental, or public health impact of the proposed rule on frontline communities. An initial climate and environmental justice analysis under subsection (b)(1)(A) shall include a description of— any projected economic, environmental, or public health impacts, positive or negative, on frontline communities as a result of the proposed rule; any potential cumulative impact on frontline communities that results from the proposed rule, in combination with previously promulgated rules; any significant alternatives to the proposed rule that— accomplish the stated objectives of applicable statutes; and minimize any significant negative economic, environmental, or public health impact of the proposed rule on frontline communities; or maximize any significant positive economic, environmental, or public health impact of the proposed rule on frontline communities; and the advice and recommendations of representatives of frontline communities under section 305(c)(1) relating to issues described in paragraphs (1), (2), and (3).