BILL NUMBER: AB 1787	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 16, 2016

INTRODUCED BY   Assembly Member Gomez

                        FEBRUARY 4, 2016

   An act to amend Section  12812.2   54594.3
 of the Government Code, relating to  environmental
protection.   ope   n meetings. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1787, as amended, Gomez.  California Environmental
Protection Agency: cross-media enforcement unit.   Open
meetings: public comments: translation.  
   The Ralph M. Brown Act requires a local legislative body to
provide an opportunity for members of the public to directly address
the body concerning any item described in a notice of meeting. The
act authorizes the legislative body to adopt reasonable regulations
limiting the total amount of time allocated for public testimony for
each individual speaker.  
   This bill, if a local legislative body limits the time for public
comment, would require the legislative body to provide at least twice
the allotted time to a member of the public who utilizes a
translator to ensure that non-English speakers receive the same
opportunity to directly address the legislative body, unless
simultaneous translation equipment is used to allow the body to hear
the translated public testimony simultaneously.  
   By imposing new requirements on cities, counties, cities and
counties, and special districts, this bill would impose a
state-mandated local program.  
   The California Constitution requires local agencies, for the
purpose of ensuring public access to the meetings of public bodies
and the writings of public officials and agencies, to comply with a
statutory enactment that amends or enacts laws relating to public
records or open meetings and contains findings demonstrating that the
enactment furthers the constitutional requirements relating to this
purpose.  
   This bill would make legislative findings to that effect. 

   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   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   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 54954.3 of the  
Government Code   is amended to read: 
   54954.3.  (a) Every agenda for regular meetings shall provide an
opportunity for members of the public to directly address the
legislative body on any item of interest to the public, before or
during the legislative body's consideration of the item, that is
within the subject matter jurisdiction of the legislative body,
provided that no action shall be taken on any item not appearing on
the agenda unless the action is otherwise authorized by subdivision
(b) of Section 54954.2. However, the agenda need not provide an
opportunity for members of the public to address the legislative body
on any item that has already been considered by a committee,
composed exclusively of members of the legislative body, at a public
meeting wherein all interested members of the public were afforded
the opportunity to address the committee on the item, before or
during the committee's consideration of the item, unless the item has
been substantially changed since the committee heard the item, as
determined by the legislative body. Every notice for a special
meeting shall provide an opportunity for members of the public to
directly address the legislative body concerning any item that has
been described in the notice for the meeting before or during
consideration of that item.
   (b)  (1)    The legislative body of a local
agency may adopt reasonable regulations to ensure that the intent of
subdivision (a) is carried out, including, but not limited to,
regulations limiting the total amount of time allocated for public
testimony on particular issues and for each individual speaker. 
   (2) Notwithstanding paragraph (1), when the legislative body of a
local agency limits time for public comment, the legislative body of
a local agency shall provide at least twice the allotted time to a
member of the public who utilizes a translator to ensure that
non-English speakers receive the same opportunity to directly address
the legislative body of a local agency.  
   (3) Paragraph (2) shall not apply if the legislative body of a
local agency utilizes simultaneous translation equipment in a manner
that allows the legislative body of a local agency to hear the
translated public testimony simultaneously. 
   (c) The legislative body of a local agency shall not prohibit
public criticism of the policies, procedures, programs, or services
of the agency, or of the acts or omissions of the legislative body.
Nothing in this subdivision shall confer any privilege or protection
for expression beyond that otherwise provided by law.
   SEC. 2.    The Legislature finds and declares that
Section 1 of this act, which amends Section 54594.3 of the Government
Code, furthers, within the meaning of paragraph (7) of subdivision
(b) of Section 3 of Article I of the California Constitution, the
purposes of that constitutional section as it relates to the right of
public access to the meetings of local public bodies or the writings
of local public officials and local agencies. Pursuant to paragraph
(7) of subdivision (b) of Section 3 of Article I of the California
Constitution, the Legislature makes the following findings: 

   Because this act restricts the authority of a legislative body of
a local agency under the Ralph M. Brown Act to limit time for public
comment by a speaker who uses a translator, the act furthers the
purpose of Section 3 of Article I of the California Constitution.

   SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district under this act would result from a
legislative mandate that is within the scope of paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution.  
  SECTION 1.    Section 12812.2 of the Government
Code is amended to read:
   12812.2.  (a) One of the deputies to the Secretary for
Environmental Protection shall be a deputy secretary for law
enforcement and counsel, who, subject to the direction and
supervision of the secretary, shall have the responsibility and
authority to do all of the following:
   (1) Develop a program to ensure that the boards, departments,
offices, and other agencies that implement laws or regulations within
the jurisdiction of the California Environmental Protection Agency
take consistent, effective, and coordinated compliance and
enforcement actions to protect public health and the environment. The
program shall include training and cross-training of inspection and
enforcement personnel of those boards, departments, offices, or other
agencies to ensure consistent, effective, and coordinated
enforcement.
   (2) (A) In consultation with the Attorney General, establish a
cross-media enforcement unit to assist a board, department, office,
or other agency that implements a law or regulation within the
jurisdiction of the California Environmental Protection Agency, to
investigate and prepare matters for enforcement action in order to
protect public health and the environment. The unit may inspect and
investigate a violation of a law or regulation within the
jurisdiction of the board, department, office, or other agency,
including a violation involving more than one environmental medium
and a violation involving the jurisdiction of more than one board,
department, office, or agency. The unit shall exercise its authority
consistent with the authority granted to the head of a department
pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of
Part 1. In exercising its authority pursuant to this section, the
unit shall prioritize the state's most disadvantaged communities.
   (B) For purposes of this paragraph, "state's most disadvantaged
communities" means communities identified by the California
Environmental Protection Agency, through the California Communities
Environmental Health Screening Tool, also known as CalEnviroScreen,
created pursuant to Section 39711 of the Health and Safety Code, as
the disadvantaged communities most disproportionately burdened and
vulnerable to multiple sources of pollution.
   (3) Refer a violation of a law or regulation within the
jurisdiction of a board, department, office, or other agency that
implements a law or regulation within the jurisdiction of the
California Environmental Protection Agency to the Attorney General, a
district attorney, or city attorney for the filing of a civil or
criminal action.
   (4) Exercise the authority granted pursuant to paragraph (3) only
after providing notice to the board, department, office, or other
agency unless the secretary determines that notice would compromise
an investigation or enforcement action.
   (b) Nothing in this section shall authorize the deputy secretary
for law enforcement and counsel to duplicate, overlap, compromise, or
otherwise interfere with an investigation or enforcement action
undertaken by a board, department, office, or other agency that
implements a law or regulation subject to the jurisdiction of the
California Environmental Protection Agency.
   (c) The Environmental Protection Agency shall post on its Web
site, updated no later than December 1 of each year, the status of
the implementation of this section.