BILL ANALYSIS Ó
SENATE GOVERNANCE & FINANCE COMMITTEE
Senator Lois Wolk, Chair
BILL NO: AB 1330 HEARING: 7/3/13
AUTHOR: John A. Pérez FISCAL: Yes
VERSION: 4/9/13 TAX LEVY: No
CONSULTANT: Ewing
BROWN ACT AND ENVIRONMENTAL JUSTICE
Directs the California Environmental Protection Agency to
update the Environmental Justice Action Plan; requires
related agencies to post online, information on enforcement
actions; amends the Brown Act to ensure access to public
meetings by limited-English-speakers.
Background and Existing Law
Among other duties, the California Environmental Protection
Agency (CALEPA) is charged with:
Conducting its programs 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;
Promoting greater public participation in the
agency's development, adoption, and implementation of
environmental policies and rules, and
Improving 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 (SB 828, Alarcón,
2001).
State law requires CALEPA to develop a model environmental
justice mission statement for boards, departments, and
other units within the Agency, and to convene a Working
Group on Environmental Justice, comprised of leaders of
state agencies, and an advisory group representing local
officials, environmental experts, representatives from the
business community, community leaders, and others (SB 828,
Alarcón, 2001).
The Agency and each of its units are required to identify
gaps in their efforts to address issues of environmental
AB 1330 - 4/9/13 -- Page 2
justice and develop recommendations for improvement,
including proposals to improve the involvement of the
limited-English-speaking populations in governmental
activities and decisions affecting health or environmental
justice. State law requires the Agency to report, every
three years, on its efforts to address challenges relating
to environmental justice (SB 828, Alarcón, 2001).
Some public officials and community leaders are concerned
that the state has not made adequate progress in addressing
issues of environmental justice or increasing the access
that limited-English-speakers have to public agency
meetings and deliberations. They cite research indicating
that communities of color and those living in poverty face
disproportionate health risks associated with pollution and
face barriers to participation in the deliberations and
decisions of public agencies.
Proposed Law
Assembly Bill 1330 does the following:
Amends the Ralph M. Brown Act to ensure that local
agency regulations, which may set time limits for
public testimony, recognize the need for additional
time for interpreter services so that language
barriers do not result in reduced opportunities for
public testimony for some speakers.
Directs the California Environmental Protection
Agency to update the Environmental Justice Action
Plan.
Requires the Agency to periodically revise and
update is existing requirements to identify gaps and
develop recommendations to address issues that impede
environmental justice.
Requires the Agency to report to the Governor and
Legislature, no later than July 1, 2014, on its
progress.
Sunsets the Agency's reporting requirement on July
1, 2018.
Directs the Agency to establish on its website, and
the websites of each entity within the Agency, a
database of public information on ongoing enforcement
cases and compliance histories of regulated entities.
Declares the Legislature's intent to increase
public participation of persons in the environmental
justice community in governmental decision-making.
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State Revenue Impact
Unknown.
Comments
1. Purpose of the bill . Assembly Bill 1330 directs the
California Environmental Protection Agency to update and
refocus its efforts to address the challenges of
environmental justice throughout the state. Despite
progress, communities of color and those struggling with
poverty face disproportionate health risks linked to the
environment, the proximity of their homes and schools to
sources of pollution, and related challenges. AB 1330
directs the Agency to analyze barriers to achieving goals
for environmental justice in existing agency programs,
develop recommendations for improvement and report its
progress to the Governor and Legislature. AB 1330 also
will improve opportunities for all residents to participate
in governmental decisions by ensuring that restrictions on
public testimony do not unfairly disadvantage speakers
using the services of an interpreter.
2. Reporting versus oversight . It is not clear that the
California Environmental Protection Agency is currently in
compliance with existing statutory requirements to document
barriers to achieving goals for environmental justice and
issue statutory reports to the Legislature, including
identifying and addressing gaps in its efforts to achieve
its goals. As a result, it is unclear whether a new
directive will result in different outcomes.
3. Related legislation . Assembly Bill 1330 is not the
only bill relating to environmental justice. AB 1329 (V.
Manuel Pérez) requires the Department of Toxic Substances
Control to adopt a hazardous waste management plan to
reduce the prevalence and impacts of hazardous waste
facilities in low-income communities and to address matters
of environmental justice.
Assembly Actions
AB 1330 - 4/9/13 -- Page 4
Assembly Natural Resources Committee8-0
Assembly Appropriations Committee 16-1
Assembly Floor 74-2
Support and Opposition (6/27/13)
Support : American Association of University Women -
California; Asian Pacific Environmental Network; Breathe
California; California Environmental Justice Alliance;
Center for Community Action and Environmental Justice;
Center on Race, Poverty and the Environment; Central Basis
Municipal Water District; Communities for A Better
Environment; Environmental Health Coalition; People
Organizing to Demand Environmental and Economic Rights.
Opposition : Unknown.