as amended, Gomez.
begin deleteCalifornia Environmental Protection Agency: cross-media enforcement unit. end delete
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.end delete
This bill would require the cross-media enforcement unit to prioritize the state’s most disadvantaged communities, as specified.end delete
Fiscal committee: yes.
State-mandated local program:
begin deleteno end delete.
The people of the State of California do enact as follows:
(a) Every agenda for regular meetings shall provide
4an opportunity for members of the public to directly address the
5legislative body on any item of interest to the public, before or
6during the legislative body’s consideration of the item, that is
7within the subject matter jurisdiction of the legislative body,
8provided that no action shall be taken on any item not appearing
9on the agenda unless the action is otherwise authorized by
10subdivision (b) of Section 54954.2. However, the agenda need not
11provide an opportunity for members of the public to address the
P3 1legislative body on any item that has already been considered by
2a committee, composed exclusively of members of the legislative
3body, at a public meeting wherein all interested members of the
4public were afforded the opportunity to address the committee on
5the item, before or during the committee’s consideration of the
6item, unless the item has been substantially changed since the
7committee heard the item, as determined by the legislative body.
8Every notice for a special meeting shall provide an opportunity
9for members of the public to directly address the legislative body
10concerning any item that has been described in the notice for the
11meeting before or during consideration of that item.
12(b) The legislative body of a local agency may adopt
13reasonable regulations to ensure that the intent of subdivision (a)
14is carried out, including, but not limited to, regulations limiting
15the total amount of time allocated for public testimony on particular
16issues and for each individual speaker.
27(c) The legislative body of a local agency shall not prohibit
28public criticism of the policies, procedures, programs, or services
29of the agency, or of the acts or omissions of the legislative body.
30Nothing in this subdivision shall confer any privilege or protection
31for expression beyond that otherwise provided by law.
Section 12812.2 of the Government Code is
12amended to read:
(a) One of the deputies to the Secretary for
14Environmental Protection shall be a deputy secretary for law
15enforcement and counsel, who, subject to the direction and
16supervision of the secretary, shall have the responsibility and
17authority to do all of the following:
18(1) Develop a program to ensure that the boards, departments,
19offices, and other agencies that implement laws or regulations
20within the jurisdiction of the California Environmental Protection
21Agency take consistent, effective, and coordinated compliance
22and enforcement actions to protect public health and the
23environment. The program shall include training and cross-training
24of inspection and enforcement personnel of those boards,
25departments, offices, or other agencies to ensure consistent,
26effective, and coordinated enforcement.
27(2) (A) In consultation with the Attorney General, establish a
28cross-media enforcement unit to assist a board, department, office,
29or other agency that implements a law or regulation within the
30jurisdiction of the California Environmental Protection Agency,
31to investigate and prepare matters for enforcement action in order
32to protect public health and the environment. The unit may inspect
33and investigate a violation of a law or regulation within the
34jurisdiction of the board, department, office, or other agency,
35including a violation involving more than one environmental
36medium and a violation involving the jurisdiction of more than
37one board, department, office, or agency. The unit shall exercise
38its authority consistent with the authority granted to the head of a
39department pursuant to Article 2 (commencing with Section 11180)
40of Chapter 2 of Part 1. In exercising its authority pursuant to this
P5 1section, the unit shall prioritize the state’s most disadvantaged
3(B) For purposes of this paragraph, “state’s most disadvantaged
4communities” means communities identified by the California
5Environmental Protection Agency, through the California
6Communities Environmental Health Screening Tool, also known
7as CalEnviroScreen, created pursuant to Section 39711 of the
8Health and Safety Code, as the disadvantaged communities most
9disproportionately burdened and vulnerable to multiple sources of
11(3) Refer a violation
of a law or regulation within the jurisdiction
12of a board, department, office, or other agency that implements a
13law or regulation within the jurisdiction of the California
14Environmental Protection Agency to the Attorney General, a
15district attorney, or city attorney for the filing of a civil or criminal
17(4) Exercise the authority granted pursuant to paragraph (3)
18only after providing notice to the board, department, office, or
19other agency unless the secretary determines that notice would
20compromise an investigation or enforcement action.
21(b) Nothing in this section shall authorize the deputy secretary
22for law enforcement and counsel to duplicate, overlap, compromise,
23or otherwise interfere with an investigation or enforcement action
24undertaken by a board, department, office, or other agency that
25implements a law or regulation subject to the jurisdiction of the
26California Environmental Protection Agency.
27(c) The Environmental Protection Agency shall post on its Web
28site, updated no later than December 1 of each year, the status of
29the implementation of this section.