BILL ANALYSIS Ó
AB 2781
Page 1
Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2781 (Eduardo Garcia) - As Amended April 7, 2016
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|Policy |Natural Resources |Vote:|9 - 0 |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill directs 10% of all penalties collected by California
Environmental Protection Agency (CalEPA) boards, departments,
and offices to fund environmental projects in disadvantaged
communities. Specifically, this bill:
1)Requires 10% of all enforcement action monetary penalties
collected by a CalEPA board, department, or office to be
deposited into the Supplemental Environmental Projects in
Disadvantaged Communities Fund (Fund).
AB 2781
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2)Specifies the Fund is available, upon appropriation, to
implement environmental projects in disadvantaged communities.
Prioritizes funding for projects on the list compiled by
CalEPA.
FISCAL EFFECT:
This bill redirects revenue from monetary penalties to the newly
created fund, likely in the $3 to $5 million dollar range
(special fund). Additionally, CalEPA would require an
additional $175,000 for administrative costs.
COMMENTS:
1)Purpose. According to the author, without requiring a
mandatory fund, disadvantaged communities will continue to be
overlooked and will not benefit from much needed environmental
mitigation. By securing resources that benefit disadvantaged
communities, the state can help decrease many of the
environmental stressors affecting these communities.
2)Background. AB 1071 (Atkins), Chapter 585, Statutes of 2015,
requires each board, department, and office within CalEPA to
establish a policy on supplemental environmental projects
(SEPs) to benefit environmental justice communities. SEPs are
environmentally beneficial projects that a violator agrees to
undertake as part of a settlement for an enforcement action,
but which the violator is not otherwise legally required to
perform.
In 2003, CalEPA released guidelines for the use of SEPs for
its boards, departments, and offices. The guidelines specify
that an SEP must improve, protect, or reduce risks to public
AB 2781
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health and the environment at large. The enforcing agency
must have the opportunity to help shape the scope of the
project before it is implemented and the project must not be
commenced until the enforcing agency has identified a
violation. Finally, the SEP must not be required by a
federal, state, or local law or regulation. CalEPA's SEP
guidelines suggest limiting the SEP to 25% of the total
enforcement action, but up to 50% of an enforcement action may
be allocated for SEPs.
AB 1071 also requires CalEPA to compile a list of SEPs and
post the list on its website. CalEPA is in the process of
implementing AB 1071. According to CalEPA, the draft SEP
policy will be available for public review this month; boards,
departments, and offices will begin soliciting SEP proposals
from the public in late summer, and CalEPA will post the
compiled SEP list to the website by December.
Analysis Prepared by:Jennifer Galehouse / APPR. / (916)
319-2081