Amended in Senate August 2, 2016

Amended in Assembly April 7, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2781


Introduced by Assembly Member Eduardo Garcia

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(Coauthor: Senator Hueso)

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February 19, 2016


An act to amend Section 71118begin delete of, and to add Section 71119 to,end deletebegin insert ofend insert the Public Resources Code, relating to environmental justice.

LEGISLATIVE COUNSEL’S DIGEST

AB 2781, as amended, Eduardo Garcia. Supplemental environmental projects.

Existing law requires each board, department, and office within the California Environmental Protection Agency that has enforcement authority to establish a policy on supplemental environmental projects that benefits disadvantagedbegin delete communities and that includes,end deletebegin insert communities, as defined. Existing law requires that policy to includeend insert among other things, allowing the amount of a supplemental environmental project to be up to 50% of the enforcement action.

This bill would requirebegin delete the policy to also include a requirementend deletebegin insert an assuranceend insert thatbegin insert no less thanend insert 10% ofbegin delete anend deletebegin insert theend insert enforcement action monetarybegin delete penalty be deposited in the Supplemental Environmental Projects in the Disadvantaged Communities Fund, which would be created by the bill. The bill would require the moneys in the fund, upon appropriation, to be used to implement environmental projects in disadvantaged communities, as specified.end deletebegin insert penalties received by each board, department, and office within the agency is allocated to supplemental environmental projects in disadvantaged communities. The bill would require each board, department, and office within the agency to compile and submit specified information to the agency and would require the agency to consolidate that information and post it on the agency’s Internet Web site.end insert

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

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

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begin insertSECTION 1.end insert  

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begin insertThe Legislature finds and declares all of the
2following:end insert

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3
(a) 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.

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

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(c) 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.

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17
(d) Currently, pursuant to Chapter 585 of the Statutes of 2015,
18boards, departments, and offices within the California
19 Environmental Protection Agency have been directed to develop
20policies on supplemental environmental projects, and those policies
21authorize up to 50 percent of an enforcement action brought under
22the jurisdiction of a board, department, or office within the agency
23be a supplemental environmental project.

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(e) Supplemental environmental projects bring needed
25investments to communities that bear the environmental damage
26of environmental violations in which the damage is done.

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(f) Because the individual regulatory agency is best able to
28evaluate the best projects to benefit those communities in which
29the damage was done, that agency should oversee supplement
30environmental projects within its jurisdiction.

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

Section 71118 of the Public Resources Code is
3amended to read:

4

71118.  

(a) For purposes of this section, the following terms
5have the following meanings:

6(1) “Agency” means the California Environmental Protection
7Agency.

8(2) “Disadvantaged community” means a community identified
9pursuant to Section 39711 of the Health and Safety Code.

10(3) “Supplemental environmental project” means an
11environmentally beneficial project that a person subject to an
12enforcement action voluntarily agrees to undertake in settlement
13of the action and to offset a portion of a civil penalty.

14(b) Each board, department, and office within the agency that
15has enforcement authority shall establish a policy on supplemental
16environmental projects that benefits disadvantaged communities.
17The policy shall include, but need not be limited to, all of the
18following:

19(1) A public process to solicit potential supplemental
20environmental projects from disadvantaged communities.

21(2) Allowing the amount of a supplemental environmental
22project to be up to 50 percent of the enforcement action brought
23under the jurisdiction of a board, department, or office within the begin delete24 agency and requiring 10 percent of the enforcement action
25 monetary penalty be deposited in the Supplemental Environmental
26Projects in the Disadvantaged Communities Fund, created pursuant
27to Section 71119.end delete
begin insert agency.end insert

28(3) An annual list of potential supplemental environmental
29projects that may be selected to settle a portion of an enforcement
30action under the jurisdiction of a board, department, or office within
31the agency.

32(4) A consideration of the relationship between the location of
33the violation and the location of the proposed supplemental
34environmental project.

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35
(c) Each board, department, and office within the agency that
36has enforcement authority shall ensure that no less than 10 percent
37of the enforcement action penalties received from actions brought
38pursuant to the jurisdiction of the board, department, or office
39within the agency is allocated to supplemental environmental
40projects in disadvantaged communities.

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(d) (1) Each board, department, and office within the agency
2that has enforcement authority shall compile and submit to the
3agency the information required pursuant to subdivision (b).

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4(c)

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5begin insert(2)end insert The Secretary for Environmental Protection shall consolidate
6thebegin delete projects compiled pursuant to paragraph (3) of subdivision (b)end delete
7begin insert information received pursuant to paragraph (1)end insert into one list and
8post that list on the agency’s Internet Web site.

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9

SEC. 2.  

Section 71119 is added to the Public Resources Code,
10to read:

11

71119.  

The Supplemental Environmental Projects in the
12Disadvantaged Communities Fund is hereby created. All moneys
13deposited in the fund shall be available, upon appropriation by the
14Legislature, to implement environmental projects in disadvantaged
15communities, as identified pursuant to Section 39711 of the Health
16and Safety Code. Priority shall be given to projects on the list
17compiled pursuant to subdivision (c) of Section 71118.

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