BILL ANALYSIS Ó AB 1062 Page 1 Date of Hearing: April 29, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 1062 (Bonta) - As Amended April 7, 2015 ----------------------------------------------------------------- |Policy |Natural Resources |Vote:|9 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: SUMMARY: This bill increases the total Environmental Justice Small Grant Program (Program) from up to $1.5 million to not less than $5 million annually and requires each board, department or office within CalEPA to allocate appropriated funds from special funds, AB 1062 Page 2 settlements and penalties to implement the Program. Additionally, this bill allows grants awarded under the Program to include physical projects to improve the environment or environmental health of a community or address a specific environmental justice need. FISCAL EFFECT: Increased costs of up to $5 million annually from various special funds, settlements and penalties within CalEPA and its constituent boards, offices and departments. CalEPA awarded $540,000 in its most recent round of Program grants. Existing law authorizes CalEPA to spend up to $1.5 million per year but does not require it. COMMENTS: 1)Purpose. According to the author, this bill will ensure Environmental Justice Small Grants will be continuously funded by requiring the Boards, Departments and Agencies to contribute a total of $5 million to the Program annually. 2)Background. According to the Office of Environmental Health Hazard Assessment (OEHHA), approximately 8 million Californians (21%) live in zip codes that are considered "highly impacted" by environmental, public health, and socioeconomic stressors. Nearly half of all Californians live within six miles of a facility that is a significant greenhouse gas emitter (46%), but they are disproportionately people of color (62%). AB 1062 Page 3 Throughout California, people of color face a 50% higher risk of cancer from ambient concentrations of air pollutants listed under the Clean Air Act. The Air Resources Board estimates that air pollution exposure accounts for 19,000 premature deaths, 280,000 cases of asthma, and 1.9 million lost work days every year. 3)The Program. CalEPA Environmental Justice Small Grants, established in 2002, are available to help eligible non-profit community groups/organizations and federally recognized Tribal governments address environmental justice issues in areas adversely affected by environmental pollution and hazards. In 2013, $249,175 was awarded through Environmental Justice Small Grants projects. In 2014-15 $540,000 was awarded. A minimum of $250,000 in grant funds was made available for the 2015/2016 grant cycle. SB 861 (Budget and Fiscal Review), Chapter 35, Statutes of 2014, increased the maximum grant from $20,000 to $50,000 and authorized CalEPA to expend up to $1.5 million annually for the program. The stated goals of the program include: a. Improve access to safe and clean water; b. Reduce potential for exposure to pesticides and toxic chemicals; c. Promote community capacity building and improve communities' and tribes' understanding of the technical and procedural aspects of environmental decision making; d. Promote the development of community-based research that protects and enhances public health and the AB 1062 Page 4 environment; and, e. Address cumulative impact through collaboration between community-based organizations and local government. This bill adds the implementation of physical projects such as planning for open-space in park poor areas or the installation of air filters to address poor air quality to the list of objectives. 4)Environmental Justice. Environmental justice is the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies. SB 89 (Escutia), Chapter 728, Statutes of 2000, required CalEPA to convene the Environmental Justice Working Group and develop an agency-wide environmental justice strategy. Follow-up legislation, SB 828 (Alarcon), Chapter 765, Statutes of 2001, established a timeline for these requirements and required CalEPA to update its report to the Legislature every three years. In October of 2004, CalEPA released its Environmental Justice Action Plan. In 2012, SB 535 (De Leon), Chapter 830 required CalEPA to identify disadvantaged communities for investment opportunities using the Greenhouse Gas Reduction Fund. Pursuant to this requirement, OEHHA has developed the California Communities Environmental Health Screening Tool (CalEnviroScreen) that uses existing environmental, health, and socioeconomic data to determine the extent to which communities across the state are burdened by and vulnerable to pollution. OEHHA states that the results generated by CalEnviroScreen are not intended to assign responsibility for any issues identified. The intent is to provide information that enables the state to focus time, resources, and programs AB 1062 Page 5 on areas that are in the greatest need of assistance. 5)The CalEPA Environmental Justice Small Grant Program was established to provide grants to eligible community groups that are located in areas adversely affected by environmental pollution and hazards. Grants are awarded on a competitive basis and are limited to purposes of resolving environmental problems through information, improving coordination among public agencies and stakeholders, expanding community understanding about environmental issues, developing guidance on environmental risks, promoting community involvement, and using data to enhance community understanding and decision-making. Analysis Prepared by:Jennifer Galehouse / APPR. / (916) 319-2081 AB 1062 Page 6