Amended in Senate August 18, 2015

Amended in Assembly May 7, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1071


Introduced by Assembly Members Atkins and Eduardo Garcia

February 26, 2015


An act to add Section 71118 to the Public Resources Code, relating to environmental justice.

LEGISLATIVE COUNSEL’S DIGEST

AB 1071, as amended, Atkins. Supplemental environmental projects.

Existing law requires the Secretary for Environmental Protection to convene a Working Group on Environmental Justice to assist the secretary in developing an agencywide strategy for identifying and addressing gaps in existing programs, policies, or activities of thebegin delete agency’send deletebegin insert California Environmental Protection Agency’send insert boards, departments, and offices that may impede the achievement of environmental justice.

This bill would require each board, department, and office within thebegin delete California Environmental Protection Agencyend deletebegin insert agencyend insert to establish a specified policy on supplemental environmental projects, as defined, that benefitsbegin delete environmental justiceend deletebegin insert disadvantagedend insert communities, as defined.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insert(a)end insertbegin insertend insertbegin insertThe Legislature finds and declares all of the
2following:end insert

begin insert

3(1) Many communities across California are located in areas
4disproportionately impacted from multiple sources of pollution,
5including air and water pollution, leading to higher rates of
6respiratory illness, hospitalizations, and premature death.

end insert
begin insert

7(2) These environmentally impacted communities, also known
8as environmental justice communities, need resources to
9appropriately address environmental health impacts and to
10implement community-led solutions.

end insert
begin insert

11(3) One way that environmental justice communities can see
12direct environmental and public health benefits in their
13neighborhoods is through the implementation of supplemental
14environmental projects, which allow entities in violation of
15environmental laws to voluntarily undertake environmental projects
16as part of a settlement of an enforcement action.

end insert
begin insert

17(4) Currently, not all boards, departments, and offices within
18the California Environmental Protection Agency have policies on
19supplemental environmental projects, and those with policies
20largely lack a focus on how to best help environmental justice
21communities.

end insert
begin insert

22(b) Therefore, it is the intent of the Legislature that all boards,
23departments, and offices develop a policy on supplemental
24environmental projects that includes a focus on benefiting
25environmental justice communities and engaging community-based
26organizations through an accessible and open public process.

end insert
27

begin deleteSECTION 1.end delete
28begin insertSEC. 2.end insert  

Section 71118 is added to the Public Resources Code,
29to read:

30

71118.  

(a) For purposes of this section, the following terms
31have the following meanings:

32(1) “Agency” means the California Environmental Protection
33Agency.

34(2) begin delete“Environmental justice end deletebegin insert“Disadvantaged end insertcommunity” means
35a community identified pursuant to Section 39711 of the Health
36and Safety Code.

37(3) “Supplemental environmental project” means an
38environmentally beneficial project that a person subject to an
P3    1enforcement action voluntarily agrees to undertake in settlement
2of the action and to offsetbegin delete someend deletebegin insert a portionend insert of a civil penalty.

3(b) Each board, department, and office within the agency shall
4establish a policy on supplemental environmental projects that
5benefitsbegin delete environmental justiceend deletebegin insert disadvantagedend insert communities. The
6policy shall include, but need not be limited to, all of the following:

7(1) A public process to solicit potential supplemental
8environmental projects frombegin delete environmental justiceend deletebegin insert disadvantagedend insert
9 communities.

10(2) Allowing the amount of a supplemental environmental
11project to be up to 50 percent of the enforcement action brought
12under the jurisdiction of a board, department, or office within the
13agency.

14(3) An annual list of supplemental environmental projects that
15may be selected to settle a portion of an enforcement action under
16the jurisdiction of a board, department, or office within the agency.

begin insert

17(4) A consideration of the relationship between the location of
18the violation and the location of the proposed supplemental
19environmental project.

end insert

20(c) The Secretary for Environmental Protection shall consolidate
21the projects compiled pursuantbegin insert toend insert subdivision (b) into one list and
22post that list on the agency’s Internet Web site.



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