,,ii #aagth ,,congress #ast ,session ,s4 #aja ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bh1 #bjba,mr4 ,markey 7for himself and ,ms4 ,duckworth7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to establish the ,environmental ,justice ,mapping ,committee1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,environmental ,justice ,mapping and ,data ,collection ,act of #bjba4 #b4 ,findings ,congress finds that-- 7#a7 environmental hazards causing adverse health outcomes have disproportionately affected environmental justice communities as a result of systemic injustices relating to factors that include race and income2 7#b7 environmental justice communities have increased vulnerability to the adverse effects of climate change and need significant investment to face current and future environmental hazards2 7#c7 the ,federal ,government has lacked a cohesive and consistent strategy to carry out the responsibilities of ,federal agencies described in ,executive ,order #abhih 7#db ,u4,s4,c4 #dcba note2 relating to ,federal actions to address environmental justice in minority populations and low-income populations72 7#d7 it is necessary that the ,federal ,government meaningfully engage environmental justice communities in the process of developing a robust strategy to address environmental justice1 including high levels of review1 input1 and consent2 7#e7 there is a lack of nationwide high-quality data relating to environmental justice concerns1 such as socioeconomic factors1 air pollution1 water pollution1 soil pollution1 and public health1 and a failure to update the existing data with adequate frequency2 7#f7 there is no nationally consistent method to identify environmental justice communities based on the cumulative effects of socioeconomic factors1 pollution burden1 and public health2 7#g7 a method described in paragraph 7#f7 is needed to correct for racist and unjust practices leading to historical and current environmental injustices through the targeted investment in environmental justice communities of at least #dj percent of the funds provided for a clean energy transition and other related investments1 including transportation infrastructure1 housing infrastructure1 and water quality infrastructure2 7#h7 funds targeted for environmental justice communities should include set-asides for technical assistance and capacity building for environmental justice communities to access the funds2 7#i7 particular oversight and care are necessary when investing in environmental justice communities to ensure that existing issues are not exacerbated and new issues are not created1 particularly issues relating to pollution burden and the displacement of residents2 7#aj7 several ,states1 academic institutions1 and nonprofit organizations have engaged in cumulative impact environmental justice mapping efforts that can serve as references for a ,federal mapping effort2 7#aa7 many environmental justice communities1 such as communities in ,cancer ,alley in the ,state of ,louisiana1 have been clearly affected by extreme environmental hazards such that the communities-- 7,a7 are identifiable before the establishment of the tool under subsection 7b7 of section #e and the completion of the data gap audit under subsection 7d7 of that section2 and 7,b7 should be eligible for programs targeted toward environmental justice communities that have faced extreme environmental hazards before the establishment of that tool and the completion of that audit2 7#ab7 in addition to investment in environmental justice communities1 pollution reduction is essential to achieving equitable access to a healthy and clean environment and an equitable energy system2 and 7#ac7 specific policy and permitting decisions and investments may rely on different combinations of data sets and indicators relating to environmental justice1 and race alone may be considered a criterion when assessing the susceptibility of a community to environmental injustice4 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,advisory council ,the term advisory council means the advisory council established under section #d7;d77#b77;,a74 7#c7 ,committee ,the term ,committee means the ,environmental ,justice ,mapping ,committee established by section #d7;a74 7#d7 ,environmental justice ,the term environmental justice means the fair treatment and meaningful involvement of all people regardless of race1 color1 culture1 national origin1 or income1 with respect to the development1 implementation1 and enforcement of environmental laws1 regulations1 and policies to ensure that each person enjoys-- 7,a7 the same degree of protection from environmental and health hazards2 and 7,b7 equal access to any ,federal agency action relating to the development1 implementation1 and enforcement of environmental laws1 regulations1 and policies for the purpose of having a healthy environment in which to live1 learn1 work1 and recreate4 7#e7 ,environmental justice community ,the term environmental justice community means a community with significant representation of communities of color1 low-income communities1 or ,tribal and indigenous communities1 that experiences1 or is at risk of experiencing1 higher or more adverse human health or environmental effects1 as compared to other communities4 7#f7 ,ground-truthing ,the term ground-truthing means a community fact-finding process by which residents of a community supplement technical information with local knowledge for the purpose of better informing policy and project decisions4 7#g7 ,relevant stakeholder ,the term relevant stakeholder means-- 7,a7 a representative of a regional1 ,state1 ,tribal1 or local government agency2 7,b7 a representative of a nongovernmental organization with experience in areas that may include ,tribal relations1 environmental conservation1 city and regional planning1 and public health2 7,c7 a representative of a labor union2 7,d7 a representative or member of-- 7i7 an environmental justice community2 or 7ii7 a community-based organization for an environmental justice community2 7,e7 an individual with expertise in cumulative impacts1 geospatial data1 and environmental justice1 particularly such an individual from an academic or research institution2 and 7,f7 an advocate with experience in environmental justice who represents an environmental justice community4 #d4 ,establishment of ,committee 7a7 ,in general ,there is established a committee1 to be known as the ,environmental ,justice ,mapping ,committee4 7b7 ,membership 7#a7 ,in general ,the ,committee shall be composed of not fewer than #a representative of each of the following3 7,a7 ,of the ,environmental ,protection ,agency-- 7i7 the ,office of ,air and ,radiation2 7ii7 the ,office of ,chemical ,safety and ,pollution ,prevention2 7iii7 the ,office of ,international and ,tribal ,affairs2 7iv7 the ,office of ,land and ,emergency ,management2 7v7 the ,office of ,water2 7vi7 the ,office of ,environmental ,justice2 7vii7 the ,office of ,research and ,development2 and 7viii7 the ,office of ,public ,engagement and ,environmental ,education4 7,b7 ,the ,council on ,environmental ,quality4 7,c7 ,of the ,department of ,commerce-- 7i7 the ,office of ,oceanic and ,atmospheric ,research1 including not fewer than #a representative of the ,climate ,program ,office2 7ii7 the ,economics and ,statistics ,administration1 including not fewer than #a representative of the ,bureau of ,economic ,analysis2 and 7iii7 the ,national ,institute of ,standards and ,technology4 7,d7 ,of the ,department of ,health and ,human ,services-- 7i7 the ,centers for ,disease ,control and ,prevention1 not including the ,agency for ,toxic ,substances and ,disease ,registry2 7ii7 the ,agency for ,toxic ,substances and ,disease ,registry2 7iii7 the ,administration for ,children and ,families2 7iv7 of the ,national ,institutes of ,health-- 7,i7 the ,national ,institute of ,environmental ,health ,sciences2 7,,ii7 the ,national ,institute of ,mental ,health2 and 7,,iii7 the ,national ,institute on ,minority ,health and ,health ,disparities2 and 7v7 the ,office for ,civil ,rights4 7,e7 ,of the ,department of the ,interior-- 7i7 the ,bureau of ,indian ,affairs2 7ii7 the ,office of ,civil ,rights2 and 7iii7 the ,united ,states ,geological ,survey4 7,f7 ,the ,forest ,service4 7,g7 ,the ,department of ,housing and ,urban ,development4 7,h7 ,the ,department of ,energy4 7,i7 ,the ,department of ,transportation4 7,j7 ,the ,department of ,justice4 7,k7 ,the ,federal ,energy ,regulatory ,commission4 7,l7 ,the ,department of the ,treasury4 7,m7 ,such other ,federal departments1 agencies1 and offices as the ,administrator determines to be appropriate1 particularly offices relating to public engagement4 7#b7 ,selection of representatives ,the head of a department or agency described in paragraph 7#a7 shall1 in appointing to the ,committee a representative of the department or agency1 select a representative-- 7,a7 of a component of the department or agency that is among the components that are the most relevant to the responsibilities of the ,committee2 or 7,b7 who has expertise in areas relevant to those responsibilities1 such as demographic indicators relating to socioeconomic hardship1 environmental justice1 public engagement1 public health1 exposure to pollution1 future climate and extreme weather mapping1 affordable energy1 sustainable transportation1 and access to water1 food1 and green space4 7#c7 ,co-chairs 7,a7 ,in general ,the members of the ,committee shall select #c members to serve as co-chairs of the ,committee-- 7i7 #a of whom shall be a representative of the ,environmental ,protection ,agency2 7ii7 #a of whom shall be a representative of the ,council on ,environmental ,quality2 and 7iii7 #a of whom shall have substantial experience in public engagement4 7,b7 ,terms ,each co-chair shall serve for a term of not more than #c years4 7,c7 ,responsibilities of co-chairs ,the co-chairs of the ,committee shall-- 7i7 determine the agenda of the ,committee1 in consultation with other members of the ,committee2 7ii7 direct the work of the ,committee1 including the oversight of a meaningful public engagement process2 and 7iii7 convene meetings of the ,committee not less frequently than once each fiscal quarter4 7c7 ,administrative support 7#a7 ,in general ,the ,administrator shall provide technical and administrative support to the ,committee4 7#b7 ,funding ,the ,administrator may carry out paragraph 7#a7 using1 in addition to any amounts made available under section #g1 amounts authorized to be appropriated to the ,administrator before the date of enactment of this ,act and available for obligation as of that date of enactment4 7d7 ,consultation 7#a7 ,in general ,in carrying out the duties of the ,committee1 the ,committee shall consult with relevant stakeholders4 7#b7 ,advisory council 7,a7 ,in general ,the ,committee shall establish an advisory council composed of a balanced proportion of relevant stakeholders1 at least of whom shall represent environmental justice communities4 7,b7 ,chair ,the advisory council shall be chaired by an environmental justice advocate or other relevant stakeholder with substantial experience in environmental justice4 7,c7 ,requirements ,consultation described in paragraph 7#a7 shall include-- 7i7 early and regular engagement with the advisory council1 including in carrying out public engagement under paragraph 7#c72 and 7ii7 consideration of the recommendations of the advisory council4 7,d7 ,recommendations not used ,if the ,committee does not use a recommendation of the advisory council1 not later than #fj days after the date on which the ,committee receives notice of the recommendation1 the ,committee shall-- 7i7 make available to the public on an internet website of the ,environmental ,protection ,agency a written report describing the rationale of the ,committee for not using the recommendation2 and 7ii7 submit the report described in clause 7i7 to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7,e7 ,outreach ,the advisory council may carry out public outreach activities using amounts made available under section #g to supplement public engagement carried out by the ,committee under paragraph 7#c74 7#c7 ,public engagement 7,a7 ,in general ,the ,committee shall1 throughout the process of carrying out the duties of the ,committee described in section #e-- 7i7 meaningfully engage with relevant stakeholders1 particularly-- 7,i7 members and representatives of environmental justice communities2 7,,ii7 environmental justice advocates2 and 7,,iii7 individuals with expertise in cumulative impacts and geospatial data2 and 7ii7 ensure that the input of the stakeholders described in clause 7i7 is central to the activities of the ,committee4 7,b7 ,plan 7i7 ,in general ,in carrying out subparagraph 7,a71 the ,committee shall develop a plan1 in consultation with the advisory council1 for comprehensive public engagement with1 and incorporation of feedback from1 environmental justice advocates and members of environmental justice communities4 7ii7 ,strategies to overcome barriers to public engagement ,the plan developed under clause 7i7 shall include strategies to overcome barriers to public engagement1 including-- 7,i7 language barriers2 7,,ii7 transportation barriers2 7,,iii7 economic barriers2 and 7,,iv7 lack of internet access4 7iii7 ,consideration ,in developing the plan under clause 7i71 the ,committee shall consider the diverse and varied experiences of environmental justice communities relating to the scope and types of environmental hazards and socioeconomic injustices4 7,c7 ,consultation and solicitation of public comment 7i7 ,in general ,in carrying out subparagraph 7,a71 not less frequently than once each fiscal quarter1 the ,committee shall consult with the advisory council and solicit meaningful public comment1 particularly from relevant stakeholders1 on the activities of the ,committee4 7ii7 ,requirements ,the ,committee shall carry out clause 7i7 through means including-- 7,i7 public notice of a meeting of the ,committee occurring during the applicable fiscal quarter1 which shall include-- 7aa7 notice in publications relevant to environmental justice communities2 7bb7 notification to environmental justice communities through direct means1 such as community centers and schools2 and 7cc7 direct outreach to known environmental justice groups2 7,,ii7 public broadcast of that meeting1 including soliciting and receiving comments by virtual means2 and 7,,iii7 public availability of a transcript of that meeting through publication on an accessible website4 7iii7 ,languages ,the ,committee shall provide each notice1 notification1 direct outreach1 broadcast1 and transcript described in clause 7ii7 in each language commonly used in the applicable environmental justice community1 including through oral interpretation1 if applicable4 7,d7 ,funding ,of amounts made available under section #g1 the ,administrator shall make available to the ,committee such sums as are necessary for participation by relevant stakeholders in public engagement under this paragraph1 as determined by the ,administrator1 in consultation with the advisory council4 #e4 ,duties of ,committee 7a7 ,in general ,the ,committee shall-- 7#a7 establish a tool described in subsection 7b7 to identify environmental justice communities1 including the identification of-- 7,a7 criteria to be used in the tool2 and 7,b7 a methodology to determine the cumulative impacts of those criteria2 7#b7 assess and address data gaps in accordance with subsection 7d72 and 7#c7 collect data for the environmental justice data repository established under section #f4 7b7 ,establishment of tool 7#a7 ,in general ,the ,committee1 in consultation with relevant stakeholders and the advisory council1 shall establish an interactive1 transparent1 integrated1 and ,federal ,government-wide tool for assessing and mapping environmental justice communities based on the cumulative impacts of all indicators selected by the ,committee to be integrated into the tool4 7#b7 ,requirements ,in establishing the tool under paragraph 7#a71 the ,committee shall-- 7,a7 integrate into the tool multiple data layers of indicators that fall into categories including-- 7i7 demographics1 particularly relating to socioeconomic hardship and social stressors1 such as-- 7,i7 race and ethnicity2 7,,ii7 low income2 7,,iii7 high unemployment2 7,,iv7 low levels of home ownership2 7,v7 high rent burden2 7,,vi7 high transportation burden2 7,,vii7 low levels of educational attainment2 7,,viii7 linguistic isolation2 7,,ix7 energy insecurity or high utility rate burden2 7,x7 food insecurity2 7,,xi7 health insurance status and access to healthcare2 and 7,,xii7 membership in an ,indian ,tribe2 7ii7 public health1 particularly data that are indicative of sensitive populations1 such as-- 7,i7 rates of asthma2 7,,ii7 rates of cardiovascular disease2 7,,iii7 child leukemia or other cancers that correlate with environmental hazards2 7,,iv7 low birth weight2 7,v7 maternal mortality2 7,,vi7 rates of lead poisoning2 and 7,,vii7 rates of diabetes2 7iii7 pollution burdens1 such as pollution burdens created by-- 7,i7 toxic chemicals2 7,,ii7 air pollutants2 7,,iii7 water pollutants2 7,,iv7 soil contaminants2 and 7,v7 perfluoroalkyl and polyfluoroalkyl substances2 and 7iv7 environmental effects1 such as effects created by proximity to-- 7,i7 risk management plan sites2 7,,ii7 hazardous waste facilities2 7,,iii7 sites on the ,national ,priorities ,list developed by the ,president in accordance with section #aje7;a77#h77;,b7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifje7;a77#h77;,b772 and 7,,iv7 fossil fuel infrastructure2 7,b7 investigate how further indicators of vulnerability to the impacts of climate change 7including proximity and exposure to sea level rise1 wildfire smoke1 flooding1 drought1 rising average temperatures1 extreme storms1 and extreme heat1 and financial burdens from flood and fire insurance7 should be incorporated into the tool as an additional set of layers2 7,c7 identify and consider the effects of other indicators relating to environmental justice for integration into the tool as layers1 including-- 7i7 safe1 sufficient1 and affordable drinking water1 sanitation1 and stormwater services2 7ii7 access to and the quality of-- 7,i7 green space and tree canopy cover2 7,,ii7 healthy food2 7,,iii7 affordable energy and water2 7,,iv7 transportation2 7,v7 reliable communication systems1 such as broadband internet2 7,,vi7 child care2 7,,vii7 high-quality public schools1 early childhood education1 and child care2 and 7,,viii7 heath care facilities2 7iii7 length of commute2 7iv7 indoor air quality in multiunit dwellings2 7v7 mental health2 7vi7 labor market categories1 particularly relating to essential workers2 and 7vii7 each type of utility expense2 7,d7 consider the implementation of specific regional indicators1 with the potential-- 7i7 to create regionally and locally downscaled maps in addition to a national map2 7ii7 to provide incentives for ,states to collect data and conduct additional analyses to capture conditions specific to their localities2 7iii7 to provide resources for and engage in ground-truthing to identify and verify important data with community members2 and 7iv7 to develop companion resources for1 and provide technical support to1 regional1 ,state1 local1 or ,tribal governments to create their own maps and environmental justice scores with relevant regional1 ,state1 local1 and ,tribal data2 7,e7 identify a methodology to account for the cumulative impacts of all indicators selected by the ,committee under subparagraph 7,a71 in addition to other indicators as the ,committee determines to be necessary1 to provide relative environmental justice scores for regions that are-- 7i7 as small as practicable to identify communities2 and 7ii7 not larger than a census tract2 7,f7 ensure that the tool is capable of providing maps of environmental justice communities based on environmental justice scores described in subparagraph 7,e72 7,g7 ensure that users of the tool are able to map available layers together or independently as desired2 7,h7 implement a method for users of the tool to generate a map and environmental justice score based on a subset of indicators1 particularly for the purpose of using the tool in addressing various policy needs1 permitting processes1 and investment goals2 7,i7 make the tool customizable to address specific policy needs1 permitting processes1 and investment goals2 7,j7 account for conditions that are not captured by the quantitative data used to develop the #a or more maps and environmental justice scores comprising the tool1 by-- 7i7 developing and executing a plan to perform outreach to relevant communities2 and 7ii7 establishing a mechanism by which communities can self-identify as environmental justice communities to be included in the tool1 which may include citing qualitative data on conditions for which quantitative data are lacking1 such as cultural loss in ,tribal communities2 7,k7 consider that the tool-- 7i7 will be used across the ,federal ,government in screening ,federal policies1 permitting processes1 and investments for environmental and climate justice impacts2 and 7ii7 may be used to assess communities for pollution reduction programs2 and 7,l7 carry out such other activities as the ,committee determines to be appropriate4 7c7 ,transparency and updates 7#a7 ,in general 7,a7 ,notice and comment ,the ,committee shall establish the tool described in subsection 7b7 after providing notice and an opportunity for public comment4 7,b7 ,hearings ,in carrying out subparagraph 7,a71 the ,committee shall hold hearings1 which shall be time- and language-appropriate1 in communities affected by environmental justice issues in geographically disparate ,states and ,tribal areas4 7#b7 ,updates 7,a7 ,annual updates ,the ,committee shall update the tool described in subsection 7b7 not less frequently than annually to account for data sets that are updated annually4 7,b7 ,other updates ,not less frequently than once every #c years1 the ,committee shall-- 7i7 update the indicators1 methodology1 or both for the tool described in subsection 7b72 and 7ii7 reevaluate data submitted by ,federal departments and agencies that is used for the tool4 7,c7 ,reports ,after the initial establishment of the tool described in subsection 7b7 and each update under subparagraph 7,a7 or 7,b71 the ,committee shall publish a report describing-- 7i7 the process for identifying indicators relating to environmental justice in the development of the tool2 7ii7 the methodology described in subsection 7b77#b77;,e72 and 7iii7 the use of public input and community engagement in that process4 7#c7 ,training tutorials and sessions 7,a7 ,in general ,the ,committee shall-- 7i7 develop virtual training tutorials and sessions for environmental justice communities for the use of the tool described in subsection 7b72 and 7ii7 where practicable1 provide in-person training sessions for environmental justice communities for the use of that tool4 7,b7 ,languages ,the tutorials and sessions under subparagraph 7,a7 shall be made available in each language commonly used in the applicable environmental justice community4 7#d7 ,public availability 7,a7 ,in general ,the ,committee shall make available to the public on an internet website of the ,environmental ,protection ,agency-- 7i7 the tool described in subsection 7b72 7ii7 each update under subparagraphs 7,a7 and 7,b7 of paragraph 7#b72 7iii7 each report under paragraph 7#b77;,c72 and 7iv7 the training tutorials and sessions developed under paragraph 7#c77;,a77i74 7,b7 ,accessibility ,the ,committee shall make the tool1 updates1 and reports described in subparagraph 7,a7 accessible to the public by publication in relevant languages and with accessibility functions1 as appropriate4 7,c7 ,requirement ,in carrying out subparagraph 7,a77i71 the ,committee shall take measures to prevent the tool from being misused to discriminate against environmental justice communities1 such as by providing safeguards against the use of downscaled data that may enable the identification of individuals4 7d7 ,data gap audit 7#a7 ,in general ,in establishing the tool described in subsection 7b71 the ,committee shall direct relevant ,federal departments and agencies to conduct an audit of data collected by the department or agency to identify any data that are relevant to environmental justice concerns1 including data relating to-- 7,a7 public health metrics2 7,b7 toxic chemicals2 7,c7 socioeconomic demographics2 7,d7 air quality2 7,e7 water quality2 and 7,f7 killings of individuals by law enforcement officers4 7#b7 ,requirements ,an audit described in paragraph 7#a7 shall-- 7,a7 examine the granularity and accessibility of the data2 7,b7 address the need for improved air quality monitoring2 and 7,c7 include recommendations to other ,federal departments and agencies on means to improve the quality1 granularity1 and transparency of1 and public involvement in1 data collection and dissemination4 7#c7 ,improvements ,the ,committee shall direct a ,federal department or agency1 in conducting an audit under paragraph 7#a71 to address gaps in existing data collection that will assist the ,committee in establishing and operating the tool described in subsection 7b71 including by providing to the department or agency-- 7,a7 benchmarks to meet in addressing the gaps2 7,b7 instructions for consistency in data formatting that will allow for inclusion of data in the environmental justice data repository described in section #f2 and 7,c7 best practices for collecting data in collaboration with local organizations and partners1 such as engaging in ground-truthing4 7#d7 ,reports ,not later than #ahj days after a ,federal department or agency has conducted an audit under paragraph 7#a71 the ,committee shall-- 7,a7 make available to the public on an internet website of the ,environmental ,protection ,agency a report describing the findings and conclusions of the audit1 including the progress made by the ,federal department or agency in addressing environmental justice data gaps2 and 7,b7 submit the report described in subparagraph 7,a7 to-- 7i7 the ,committee on ,environment and ,public ,works of the ,senate2 7ii7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7iii7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7iv7 the ,committee on ,education and ,labor of the ,house of ,representatives4 #f4 ,environmental justice data repository 7a7 ,in general ,the ,administrator shall establish an environmental justice data repository to maintain-- 7#a7 the data collected by the ,committee through the establishment of the tool described in section #e7;b7 and the audits conducted under section #e7;d77#a72 and 7#b7 any subnational data collected under subsection 7c77#b74 7b7 ,updates ,the ,administrator shall update the data in the data repository described in subsection 7a7 as frequently as practicable1 including every year if practicable1 but not less frequently than once every #c years4 7c7 ,availability2 inclusion of subnational data ,the ,administrator-- 7#a7 shall make the data repository described in subsection 7a7 available to regional1 ,state1 local1 and ,tribal governments2 and 7#b7 may collaborate with the governments described in paragraph 7#a7 to include within that data repository subnational data in existence before the establishment of the tool described in section #e7;b7 and the completion of the audits under section #e7;d77#a74 7d7 ,requirement ,the ,administrator shall take measures to prevent the data in the data repository described in subsection 7a7 from being misused to discriminate against environmental justice communities1 such as by providing safeguards against the use of downscaled data that may enable the identification of individuals4 #g4 ,authorization of appropriations ,there are authorized to be appropriated to the ,administrator to carry out this ,act1 including any necessary administrative costs of the ,committee-- 7#a7 #bj1jjj1jjj for each of fiscal years #bjba and #bjbb2 and 7#b7 #ah1jjj1jjj for each of fiscal years #bjbc through #bjbe4 #h4 ,effect ,nothing in any provision of this ,act relating to the tool described in section #e7;b7 prohibits a ,state from developing a map relating to environmental justice or pollution burden that relies on different data1 or analyzes data differently1 than that tool4