Amended in Assembly April 14, 2016

Amended in Assembly April 4, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2292


Introduced by Assembly Member Gordon

(Coauthor: Assembly Member Ting)

February 18, 2016


An act to amend Section 39711 of the Health and Safety Code, relating to environmental justice.

LEGISLATIVE COUNSEL’S DIGEST

AB 2292, as amended, Gordon. California Global Warming Solutions Act of 2006: disadvantaged communities.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state boardbegin delete from the auction or sale of allowancesend delete as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. Existing lawbegin delete requires the California Environmental Protection Agency to identify disadvantaged communities, also known as the California Communities Environmental Health Screening, andend delete requires the Department of Finance, in consultation with the state board and any other relevant state agency, to develop, as specified, a 3-year investment plan for the moneys deposited in the Greenhouse Gas Reduction Fund.begin insert Existing law requires the California Environmental Protection Agency to identify disadvantaged communities, also known as the California Communities Environmental Health Screening Tool, for investment opportunities related to the plan.end insert

This bill would require the agency, no later than July 1, 2017, to update the California Communities Environmental Health Screeningbegin insert Toolend insert to include specifiedbegin delete factorsend deletebegin insert factors, using the best-available data,end insert when identifying disadvantaged communities for investment opportunities related to the 3-year investment plan.

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

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

P2    1

SECTION 1.  

Section 39711 of the Health and Safety Code is
2amended to read:

3

39711.  

(a) (1) The California Environmental Protection
4Agency shall identify disadvantaged communities for investment
5opportunities related to this chapter. These communities shall be
6identified based on geographic, socioeconomic, public health, and
7environmental hazard criteria, and may include, but are not limited
8to, either of the following:

9(A) Areas disproportionately affected by environmental pollution
10and other hazards that can lead to negative public health effects,
11exposure, or environmental degradation.

12(B) Areas with concentrations of people that are of low income,
13high unemployment, low levels of homeownership, high rent
14burden, sensitive populations, or low levels of educational
15attainment.

16(2) The California Environmental Protection Agency shall hold
17at least one public workshop prior to the identification of
18disadvantaged communities pursuant to this section.

19 (3) The Administrative Procedure Act (Chapter 3.5
20(commencing with Section 11340) of the Part 1 of Division 3 of
21Title 2 of the Government Code) does not apply to the
22identification of disadvantaged communities pursuant to this
23section.

24(b) No later than July 1, 2017, the California Environmental
25Protection Agency shall update the identification of disadvantaged
26communities for investment opportunities related to this chapter,
27as established pursuant to subdivision (a), to includebegin delete factorsend deletebegin insert factors,
P3    1using the best-available data,end insert
that include, but need not be limited
2to, areas of the state that are disproportionately impacted by any
3of the following:

4(1) High poverty rates.

5(2) High rent burden and severe rent burden where households
6pay more than 50 percent of their household income in gross rent.

7(3) High cost of living.



O

    97