BILL NUMBER: SB 828 CHAPTERED
BILL TEXT
CHAPTER 765
FILED WITH SECRETARY OF STATE OCTOBER 12, 2001
APPROVED BY GOVERNOR OCTOBER 11, 2001
PASSED THE SENATE SEPTEMBER 13, 2001
PASSED THE ASSEMBLY SEPTEMBER 12, 2001
AMENDED IN ASSEMBLY JUNE 25, 2001
AMENDED IN SENATE APRIL 23, 2001
AMENDED IN SENATE APRIL 16, 2001
INTRODUCED BY Senator Alarcon
FEBRUARY 23, 2001
An act to amend and renumber Sections 72000, 72001, 72001.5,
72002, 72003, and 72004 of, to add the heading of Part 3 (commencing
with Section 71110) to Division 34 of, and to repeal the heading of
Part 3 (commencing with Section 72000) of Division 34 of, the Public
Resources Code, relating to the environment.
LEGISLATIVE COUNSEL'S DIGEST
SB 828, Alarcon. Environmental justice.
Existing law requires the Secretary for Environmental Protection,
on or before January 15, 2002, to convene a Working Group on
Environmental Justice, composed of various representatives, as
specified, to assist the California Environmental Protection Agency
(Cal-EPA) in developing an interagency environmental justice
strategy. Existing law defines "environmental justice" to mean the
fair treatment of people of all races, cultures, and incomes with
respect to the development, adoption, implementation, and enforcement
of environmental laws and policies. Existing law requires the
working group to examine existing data and studies on environmental
justice, make recommendations to various entities and hold public
meetings, among other things.
This bill would require the secretary to convene the working group
on or before January 1, 2002. The bill would require the working
group to assist Cal-EPA in developing that agencywide strategy by
July 1, 2002, and to examine data, make recommendations, and hold
public meetings, among other things, on or before April 1, 2002. The
bill would require each board, department, and office within Cal-EPA
to review its programs and identify gaps that may impede achievement
of environmental justice by December 31, 2003. The bill would
renumber various provisions of the Public Resources Code.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Part 3 (commencing with Section 71110)
is added to Division 34 of the Public Resources Code, to read:
PART 3. ENVIRONMENTAL JUSTICE
SEC. 2. The heading of Part 3 (commencing with Section 72000) of
Division 34 of the Public Resources Code is repealed.
SEC. 3. Section 72000 of the Public Resources Code is amended and
renumbered to read:
71110. The California Environmental Protection Agency, in
designing its mission for programs, policies, and standards, shall do
all of the following:
(a) Conduct its programs, policies, and activities that
substantially affect human health or the environment in a manner that
ensures the fair treatment of people of all races, cultures, and
income levels, including minority populations and low-income
populations of the state.
(b) Promote enforcement of all health and environmental statutes
within its jurisdiction in a manner that ensures the fair treatment
of people of all races, cultures, and income levels, including
minority populations and low-income populations in the state.
(c) Ensure greater public participation in the agency's
development, adoption, and implementation of environmental
regulations and policies.
(d) Improve research and data collection for programs within the
agency relating to the health of, and environment of, people of all
races, cultures, and income levels, including minority populations
and low-income populations of the state.
(e) Coordinate its efforts and share information with the United
States Environmental Protection Agency.
(f) Identify differential patterns of consumption of natural
resources among people of different socioeconomic classifications for
programs within the agency.
(g) Consult with and review any information received from the
Working Group on Environmental Justice established to assist the
California Environmental Protection Agency in developing an
agencywide strategy pursuant to Section 71113 that meets the
requirements of this section.
SEC. 4. Section 72001 of the Public Resources Code is amended and
renumbered to read:
71111. On or before January 1, 2001, the California Environmental
Protection Agency shall develop a model environmental justice
mission statement for boards, departments, and offices within the
agency. For purposes of this section, environmental justice has the
same meaning as defined in subdivision (c) of Section 65040.12 of the
Government Code.
SEC. 5. Section 72001.5 of the Public Resources Code is amended
and renumbered to read:
71112. In developing the model environmental justice mission
statement pursuant to Section 71111, the California Environmental
Protection Agency shall consult with, review, and evaluate any
information received from the Working Group on Environmental Justice
established pursuant to Section 71113.
SEC. 6. Section 72002 of the Public Resources Code is amended and
renumbered to read:
71113. (a) On or before January 1, 2002, the Secretary for
Environmental Protection shall convene a Working Group on
Environmental Justice to assist the California Environmental
Protection Agency in developing, on or before July 1, 2002, an
agencywide strategy for identifying and addressing any gaps in
existing programs, policies, or activities that may impede the
achievement of environmental justice.
(b) The working group shall be composed of the Secretary for
Environmental Protection, the Chairs of the State Air Resources
Board, the California Integrated Waste Management Board, and the
State Water Resources Control Board, the Director of Toxic Substances
Control, the Director of Pesticide Regulation, the Director of
Environmental Health Hazard Assessment, and the Director of Planning
and Research.
(c) The working group shall do all of the following on or before
April 1, 2002:
(1) Examine existing data and studies on environmental justice,
and consult with state, federal, and local agencies and affected
communities.
(2) Recommend criteria to the Secretary for Environmental
Protection for identifying and addressing any gaps in existing
programs, policies, or activities that may impede the achievement of
environmental justice.
(3) Recommend procedures and provide guidance to the California
Environmental Protection Agency for the coordination and
implementation of intraagency environmental justice strategies.
(4) Recommend procedures for collecting, maintaining, analyzing,
and coordinating information relating to an environmental justice
strategy.
(5) Recommend procedures to ensure that public documents, notices,
and public hearings relating to human health or the environment are
concise, understandable, and readily accessible to the public. The
recommendation shall include guidance for determining when it is
appropriate for the California Environmental Protection Agency to
translate crucial public documents, notices, and hearings relating to
human health or the environment for limited-English-speaking
populations.
(6) Hold public meetings to receive and respond to public comments
regarding recommendations required pursuant to this section, prior
to the finalization of the recommendations. The California
Environmental Protection Agency shall provide public notice of the
availability of draft recommendations at least one month prior to the
public meetings.
(7) Make recommendations on other matters needed to assist the
agency in developing an intraagency environmental justice strategy.
SEC. 7. Section 72003 of the Public Resources Code is amended and
renumbered to read:
71114. The Secretary for Environmental Protection shall, on or
before January 1, 2002, convene an advisory group to assist the
working group described in Section 71113 by providing recommendations
and information to, and serving as a resource for, the working
group. The Secretary for Environmental Protection shall appoint
members to the advisory group according to the following categories:
(a) Two representatives of local or regional land use planning
agencies.
(b) Two representatives from air districts.
(c) Two representatives from certified unified program agencies
(CUPAs).
(d) Two representatives from environmental organizations.
(e) Three representatives from the business community, one from a
small business and two from a large business, except that two of the
representatives of the business community may be from an association
that represents small or large businesses. As used in this
subdivision, "small business" has the meaning given that term by
subdivision (c) of Section 1028.5 of the Code of Civil Procedure, and
a large business is any business other than a small business.
(f) Two representatives from community organizations. The
advisory group may form subcommittees to address specific types of
environmental program areas. The California Environmental Protection
Agency shall provide a reasonable per diem for attendance at
advisory committee meetings by advisory committee members from
nonprofit organizations.
SEC. 8. Section 71114.1 is added to the Public Resources Code, to
read:
71114.1. After the California Environmental Protection Agency
develops the strategy pursuant to Section 71113 and before December
31, 2003, each board, department, and office within the agency shall,
in coordination with the Secretary for Environmental Protection and
the Director of the Office of Planning and Research, review its
programs, policies, and activities and identify and address any gaps
in its existing programs, policies, or activities that may impede the
achievement of environmental justice.
SEC. 9. Section 72004 of the Public Resources Code is amended and
renumbered to read:
71115. The Secretary for Environmental Protection shall, not
later than January 1, 2004, and every three years thereafter, prepare
and submit to the Governor and the Legislature a report on the
implementation of this part.