BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2781 (Eduardo Garcia) - Supplemental environmental projects
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|Version: April 7, 2016 |Policy Vote: E.Q. 6 - 1 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 8, 2016 |Consultant: Narisha Bonakdar |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 2781 requires each board, department, or office
(BDO) within the California Environmental Protection Agency
(CalEPA) with enforcement authority to ensure that at least 10
percent of enforcement penalties are spent on supplemental
environmental projects allocated to disadvantaged communities.
Fiscal
Impact:
Redirection of at least 10 percent of penalty revenues from
various special funds administered by BDOs within the CalEPA.
Unknown, likely minor, costs (various special funds), for each
BDO to track, report, and oversee SEPs.
Background: Under existing law, penalties for violations of environmental
laws can be partially offset by a commitment to undertake a SEP.
Under CalEPA's recommended guidance on SEPs, released in 2003,
SEPs must improve, protect, or reduce risks to public health or
the environment at large. The enforcing agency is required to
AB 2781 (Eduardo Garcia) Page 1 of
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help shape the scope of the project prior to approval, though
the project must remain a voluntary action that the defendant is
not legally required to perform. There must also be a
relationship between the violation and the SEP. For example, the
SEP may remediate or reduce the environmental or public health
impacts of the violations. Various CalEPA BDOs have adopted
their own SEP policies since the release of the CalEPA
guidelines.
Proposed Law:
This bill:
1) Requires each BDO within the CalEPA with enforcement
authority to ensure that at least 10 percent of enforcement
penalties are allocated to disadvantaged communities.
2) Requires each BDO to submit to the CalEPA a list of
potential projects that may be undertaken to satisfy the
requirement above requirement.
3) Requires the CalEPA to compile the lists provided by the
BDOs into one list and post it on its website.
Related
Legislation: AB 1071 (Atkins, Chapter 585, Statutes of 2015)
required each board, department, and office within the CalEPA to
establish a policy on supplemental environmental projects that
benefits environmental justice communities.
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Staff
Comments: By requiring that at least 10 percent of penalty
revenue is spent on SEPs in disadvantaged communities, this bill
will result in decreased penalty revenues to various special
funds in the millions of dollars.
State Water Resources Control Board (SWRCB). The SWRCB collected
between $10 million and $12 million per year for fiscal years
2012 through 2014. For that board, this bill would result in at
least a $1 million redirection of funds.
Impact on Air Pollution Control Fund. Currently, penalty monies
from air pollution violations are deposited in the Air Pollution
Control Fund and appropriated for programs that mitigate air
pollution-related impacts. In 2014, the amount of penalties
totaled over $17 million. This bill would result in a loss of
about $1.7 million in revenue. Currently, there is pressure on
the Air Pollution Control Fund. As such, this redirection could
result in reduced spending on air quality measures.
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