AB 1787, as introduced, Gomez. California Environmental Protection Agency: cross-media enforcement unit.
Existing law establishes the California Environmental Protection Agency (CalEPA) under the supervision of the Secretary for Environmental Protection, and requires CalEPA, among other things, to identify disadvantaged communities for certain investment opportunities based on geographic, socioeconomic, public health, and environmental hazard criteria, as specified. Existing law requires the secretary’s deputy secretary for law enforcement and counsel to, in consultation with the Attorney General, establish a cross-media enforcement unit to assist boards, departments, offices, or other agencies that implement a law or regulation within the jurisdiction of CalEPA, as specified.
This bill would require the cross-media enforcement unit to prioritize the state’s most disadvantaged communities, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 12812.2 of the Government Code is
2amended to read:
(a) One of the deputies to the Secretary for
4Environmental Protection shall be a deputy secretary for law
5enforcement and counsel, who, subject to the direction and
6supervision of the secretary, shall have the responsibility and
7authority to do all of the following:
8(1) Develop a program to ensure that the boards, departments,
9offices, and other agencies that implement laws or regulations
10within the jurisdiction of the California Environmental Protection
11Agency take consistent, effective, and coordinated compliance
12and enforcement actions to protect public health and the
13environment. The program shall include training and cross-training
14of inspection and enforcement personnel of those boards,
15departments, offices, or other agencies to ensure consistent,
16effective, and coordinated enforcement.
17(2) In consultation with the Attorney General, establish a
18cross-media enforcement unit to assist a board, department, office,
19or other agency that implements a law or regulation within the
20jurisdiction of the California Environmental Protection Agency,
21to investigate and prepare matters for enforcement action in order
22to protect public health and the environment. The unit may inspect
23and investigate a violation of a law or regulation within the
24jurisdiction of the board, department, office, or other agency,
25including a violation involving more than one environmental
26medium and a violation involving the jurisdiction of more than
27one board, department, office, or agency. The unit shall exercise
28its authority consistent with the authority granted to the head of a
29department pursuant to Article 2 (commencing with Section 11180)
30of Chapter 2 of Part 1.
3(3) Refer a violation of a law or regulation within the jurisdiction
4of a board, department, office, or other agency that implements a
5law or regulation within the jurisdiction of the California
6Environmental Protection Agency to the Attorney General, a
7district attorney, or city attorney for the filing of a civil or criminal
9(4) Exercise the authority granted pursuant to paragraph (3)
10only after providing notice to the board, department, office, or
11other agency unless the secretary determines that notice would
12compromise an investigation or enforcement action.
13(b) Nothing in this section shall authorize the deputy secretary
14for law enforcement and counsel to duplicate, overlap, compromise,
15or otherwise interfere with an investigation or enforcement action
16undertaken by a board, department, office, or other agency that
17implements a law or regulation subject to the jurisdiction of the
18California Environmental Protection Agency.
19(c) The Environmental Protection Agency shall post on its Web
20site, updated no later than December 1 of each year, the status of
21the implementation of this section.