SB 118 — An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, in powers and duties of the Department of Environmental Resources, its officers and departmental and advisory boards and commissions, providing for Office of Environmental Justice.

PRINTER'S NO.   69

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 118
                                               Session of
                                                 2025

     INTRODUCED BY HUGHES, COMITTA, KEARNEY, HAYWOOD, COSTA AND
        SCHWANK, JANUARY 22, 2025

     REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 22, 2025


                                    AN ACT
 1   Amending the act of April 9, 1929 (P.L.177, No.175), entitled
 2      "An act providing for and reorganizing the conduct of the
 3      executive and administrative work of the Commonwealth by the
 4      Executive Department thereof and the administrative
 5      departments, boards, commissions, and officers thereof,
 6      including the boards of trustees of State Normal Schools, or
 7      Teachers Colleges; abolishing, creating, reorganizing or
 8      authorizing the reorganization of certain administrative
 9      departments, boards, and commissions; defining the powers and
10      duties of the Governor and other executive and administrative
11      officers, and of the several administrative departments,
12      boards, commissions, and officers; fixing the salaries of the
13      Governor, Lieutenant Governor, and certain other executive
14      and administrative officers; providing for the appointment of
15      certain administrative officers, and of all deputies and
16      other assistants and employes in certain departments, boards,
17      and commissions; providing for judicial administration; and
18      prescribing the manner in which the number and compensation
19      of the deputies and all other assistants and employes of
20      certain departments, boards and commissions shall be
21      determined," in powers and duties of the Department of
22      Environmental Resources, its officers and departmental and
23      advisory boards and commissions, providing for Office of
24      Environmental Justice.
25      The General Assembly of the Commonwealth of Pennsylvania
26   hereby enacts as follows:
27      Section 1.    The act of April 9, 1929 (P.L.177, No.175), known
28   as The Administrative Code of 1929, is amended by adding a
29   section to read:
 1      Section 1940-A.     Office of Environmental Justice.--(a)   It
 2   shall be the policy of the Commonwealth to promote and ensure
 3   that environmental justice is effectuated in this Commonwealth.
 4   Each Commonwealth agency shall make achieving environmental
 5   justice part of the agency's mission by identifying, addressing
 6   and mitigating disproportionately high and adverse human health
 7   or environmental effects of the programs, policies and
 8   activities of the agency on communities of color and low-income
 9   communities in this Commonwealth.
10      (b)    The Office of Environmental Justice is established
11   within the department to assist in the implementation of the
12   public policy under subsection (a).
13      (c)    The secretary shall appoint a director.
14      (d)    The office shall have the following powers and duties:
15      (1)    To advise and make recommendations to the Governor and
16   the Governor's cabinet on:
17      (i)    Integrating environmental justice considerations
18   throughout Commonwealth programs, regulations, policies and
19   procedures.
20      (ii)    Improving the environment and public health in
21   communities disproportionately burdened by environmental harms
22   and risks.
23      (iii)     Addressing environmental justice by ensuring
24   transparent, authentic and equitable engagement in decision
25   making, building capacity in disproportionately burdened
26   communities and promoting collaborative problem solving for
27   issues involving environmental justice.
28      (iv)    Strengthening partnerships on environmental justice
29   among governmental agencies, including Federal, State and local
30   government.

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 1      (v)    Enhancing research and assessment approaches related to
 2   environmental justice.
 3      (2)    To coordinate with all Commonwealth agencies to:
 4      (i)    Address and eliminate the disproportionate environmental
 5   and human health impacts on communities of color and low-income
 6   communities.
 7      (ii)    Develop and enforce rules, regulations, guidance,
 8   standards, policies, plans and practices that promote
 9   environmental justice.
10      (iii)    Increase cooperation and require coordination among
11   Commonwealth agencies in achieving environmental justice.
12      (iv)    Mitigate the inequitable distribution of the burdens
13   and benefits of Commonwealth programs having significant impacts
14   on human health and the environment.
15      (v)    Provide guidance regarding criteria for identifying
16   disproportionately high and adverse human health or
17   environmental effects on communities of color and low-income
18   communities and the environmental impact on communities on the
19   basis of race, color, national origin or income.
20      (3)    If appropriate, to assist all State agencies in
21   examining new regulations and policies involving State action or
22   the appropriation of money related to the impact those actions
23   and resources have on environmental justice prior to adopting a
24   regulation or policy.
25      (4)    To provide to communities of color and low-income
26   communities greater access to public information and
27   opportunities for participation in decision making effecting
28   human health and the environment.
29      (5)    To receive comments, concerns and recommendations from
30   individuals throughout the Commonwealth.

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 1      (6)    To develop resources and strategies and share relevant
 2   information with the public.
 3      (7)    To examine existing data and studies relating to
 4   environmental justice.
 5      (8)    To develop and update, no less than every five years, a
 6   Statewide environmental justice strategy that identifies and
 7   addresses disproportionately high and adverse human health or
 8   environmental effects of the programs, policies, spending and
 9   other activities of the Commonwealth with respect to communities
10   of color and low-income communities, including:
11      (i)    Impacts from the lack of infrastructure or from
12   deteriorated infrastructure.
13      (ii)    Impacts from land use.
14      (iii)    Impacts from climate change.
15      (iv)    Impacts from commercial transportation.
16      (9)    To identify programs, policies, planning and public
17   participation processes, rulemaking, agency spending and
18   enforcement activities relating to human health or the
19   environment that may be revised to:
20      (i)    promote enforcement of all health, environmental and
21   civil rights laws and regulations in communities of color and
22   low-income communities; and
23      (ii)    improve research and data collection relating to the
24   health and environment of communities of color and low-income
25   communities.
26      (10)    To ensure that meaningful opportunities exist for the
27   public to submit comments and recommendations relating to the
28   environmental justice strategy under paragraph (8).
29      (11)    To hold public meetings or otherwise solicit public
30   participation from communities of color and low-income

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 1   communities for the purpose of fact-finding, policy development,
 2   receiving public comments and conducting inquiries concerning
 3   environmental justice.
 4      (12)    To prepare a public review and publish a summary of the
 5   comments and recommendations.
 6      (e)    (1)   The secretary shall convene a task force, to be
 7   known as the Environmental Justice Task Force, which may not
 8   have more than fifteen (15) members, each of whom shall be
 9   residents of this Commonwealth, and shall include:
10      (i)    Representatives who reside or work in a community
11   designated as an Environmental Justice Area under the
12   Environmental Justice Public Participation Policy.
13      (ii)    Senior management officials or designees from the
14   Governor's Office of General Counsel, the Office of Attorney
15   General, the Department of Aging, the Department of Agriculture,
16   the Department of Community and Economic Development, the
17   Department of Conservation and Natural Resources, the Department
18   of Education, the Department of Human Services and the
19   Department of Transportation.
20      (2)    The task force shall have the following powers and
21   duties:
22      (i)    To plan strategy and develop guidelines for operation of
23   Regional Environmental Justice Committees.
24      (ii)    To prepare an annual report about the combined work of
25   Regional Environmental Justice Committees across this
26   Commonwealth.
27      (iii)    To monitor reporting processes for Regional
28   Environmental Justice Committees.
29      (3)    (i)   The governing body of a municipality or a resident
30   of this Commonwealth may file a petition directly with a

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 1   Regional Environmental Justice Committee regarding adverse
 2   exposure to environmental health risks or to disproportionate
 3   adverse effects resulting from the implementation of a State
 4   law, regulation, guideline or policy affecting public health or
 5   the environment.
 6      (ii)   After review of a petition under subparagraph (i) by
 7   the governing body of a municipality and an initial review of
 8   the petition by the Regional Environmental Justice Committee,
 9   the Regional Environmental Justice Committee shall meet with the
10   governing body of the municipality to discuss the petition. The
11   meeting shall be open to the public and the public may offer
12   comments at the meeting.
13      (4)    Within one hundred twenty (120) days of the meeting
14   under paragraph (3)(ii), the task force, in consultation with
15   the governing body of the municipality, municipal residents,
16   municipal school board of directors and county government
17   officials, shall develop an action plan for the municipality
18   addressing environmental factors that affect community health.
19   The action plan shall clearly delineate the steps necessary to
20   reduce existing environmental burdens and avoid or reduce the
21   imposition of additional environmental burdens through
22   allocation of resources, the exercise of regulatory discretion
23   and the development of new standards and protections. The action
24   plan must specify municipal deliverables, a time frame for
25   implementation and the justification and availability of
26   financial and other resources to implement the plan. The task
27   force shall present the action plan to the relevant departments,
28   recommending its implementation.
29      (5)    The task force shall monitor the implementation of each
30   action plan and make recommendations to Commonwealth agencies as

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 1   necessary to facilitate implementation of the action plans.
 2   Agencies shall implement the strategy to the fullest extent
 3   practicable.
 4      (f)    The Environmental Justice Advisory Board is established
 5   for purposes of reviewing and making recommendations to the
 6   director of the task force and the secretary relating to
 7   existing and proposed laws, legislation, regulations, if
 8   appropriate, and policies that impact the environmental health
 9   of communities. The board shall:
10      (1)    consist of fifteen (15) individuals appointed by the
11   secretary;
12      (2)    meet at least quarterly;
13      (3)    annually select a chairperson from board membership; and
14      (4)    be composed of representatives from a diverse complement
15   of sectors which may include:
16      (i)    Academic public health.
17      (ii)    Statewide environmental organizations.
18      (iii)     Civil rights and public health organizations.
19      (iv)    Large and small business and industry.
20      (v)    Municipal and county officials.
21      (vi)    Organized labor.
22      (vii)     Grassroots or faith-based community organizations.
23      (g)    As used in this section:
24      "Board" means the Environmental Justice Advisory Board.
25      "Community of color" means any geographically distinct
26   population with a substantial number of individuals who identify
27   as black, African American, Hispanic, Latino, Asian, Pacific
28   Islander or any other nonwhite race.
29      "Department" means the Department of Environmental
30   Protection.

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 1      "Director" means the Director of the Office of Environmental
 2   Justice.
 3      "Environmental justice" means the fair treatment and
 4   meaningful involvement of all individuals, regardless of race,
 5   color, national origin, educational level or income, with
 6   respect to the development, implementation and enforcement of
 7   environmental laws, regulations and policies to ensure that:
 8      (1)     communities of color and low-income communities have
 9   access to public information and opportunities for meaningful
10   public participation relating to human health and environmental
11   planning, regulations and enforcement; and
12      (2)     no community of color or low-income community is exposed
13   to a disproportionate burden of the negative human health and
14   environmental impacts of pollution or other environmental
15   hazards.
16      "Office" means the Office of Environmental Justice.
17      "Secretary" means the Secretary of Environmental Protection.
18      "Task force" means the Environmental Justice Task Force.
19      Section 2.     This act shall take effect in 60 days.




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