Sec. 305. Procedures for gathering comments
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/bill/116/hr/8019/ih/section-305·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
When a rule is promulgated that will have a significant economic, environmental, or public health impact on a substantial number of members of 1 or more frontline communities, the head of the agency promulgating the rule shall ensure that frontline communities have been given an opportunity to participate in the rulemaking for the rule through, at a minimum— the inclusion in an advanced notice of proposed rulemaking, if issued, of a statement that the proposed rule may have a significant economic, environmental, or public health effect on a substantial number of members of 1 or more frontline communities; the publication of general notice of proposed rulemaking in publications likely to be obtained by frontline communities; the direct notification of interested frontline communities, including through community centers and schools; the conduct of open conferences or public hearings concerning the rule for frontline communities, including soliciting and receiving comments over computer networks; and the adoption or modification of agency procedural rules to reduce the cost or complexity of participation in the rulemaking by frontline communities.
Prior to publication of an initial climate and environmental justice analysis under section 302(b)(1)(A) for a proposed rule— an agency shall notify the head of the Office of the initial climate and environmental justice analysis and provide the head of the Office with information on— the potential impacts of the proposed rule on frontline communities; and the type of frontline communities that might be affected; the agency shall ensure that frontline communities have been given an opportunity to participate through public comment in accordance with subsection (a); the agency shall carry out the review panel process described in subsection
(c)for the proposed rule; and the agency shall— incorporate comments, advice, and recommendations from frontline communities; and where appropriate, modify— the proposed rule; or the initial climate and environmental justice analysis. Not later than 30 days after the date on which the head of the Office receives the materials described in subsection (b)(1) for a proposed rule, the head of the Office, in coordination with the Board of Advisors, shall— identify individuals representative of affected frontline communities; and appoint those individuals to an advisory committee established for the purpose of obtaining advice and recommendations from those individuals about the potential impacts of the proposed rule. Subject to clause (ii), the number of individuals appointed to an advisory committee under subparagraph (A)(ii) shall be determined by the head of the Office, in coordination with the Board of Advisors, based on the scope of the proposed rule described in that paragraph. Not fewer than 2 individuals shall be appointed under subparagraph (A)(ii) with respect to each proposed rule described in that subparagraph. A representative on an advisory committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed under chapter 51 and subchapter III of chapter 53 of title 5, United States Code, for each day (including travel time) during which the representative is engaged in the performance of the duties of the advisory committee. A representative on an advisory committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the advisory committee. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to an advisory committee established under subparagraph (A)(ii). An agency carrying out an initial climate and environmental justice analysis for a proposed rule under section 302(b)(1)(A) shall convene a review panel for the rule, consisting of— full-time Federal employees of the office within the agency responsible for carrying out the proposed rule; the Director of the agency; full-time Federal employees of the Office of Information and Regulatory Affairs within the Office of Management and Budget; the head of the Office; or 1 or more employees of the Office; and 1 or more members of the Board of Advisors. A review panel convened under subparagraph
(A)shall— review any material the agency has prepared in connection with this title, including any draft proposed rule; and collect advice and recommendations of the advisory committee of frontline community representatives established under paragraph (1)(A)(ii) on— issues relating to the frontline community that are described in subsections (b), (c), (d), and
(e)of section 302; and any other relevant information relating to the potential impact of the proposed rule on the frontline community. Not later than 60 days after the date on which an agency convenes a review panel under subparagraph (A), the review panel shall submit a report to the head of the agency on— the comments and recommendations of the advisory committee of frontline community representatives established under paragraph (1)(A)(ii); and the findings of the review panel as to the issues described in subparagraph (B)(ii). The head of an agency may apply subsection
(b)to rules that the head of the agency intends to certify under section 304(b), but that the head of the agency believes may have a greater than de minimis impact on a substantial number of members of 1 or more frontline communities.