BILL NUMBER: AB 1102 CHAPTERED
BILL TEXT
CHAPTER 65
FILED WITH SECRETARY OF STATE JULY 6, 1999
APPROVED BY GOVERNOR JULY 6, 1999
PASSED THE ASSEMBLY JUNE 16, 1999
PASSED THE SENATE JUNE 15, 1999
AMENDED IN SENATE JUNE 15, 1999
INTRODUCED BY Assembly Members Jackson, Nakano, Correa, and Reyes
and Senator Sher
FEBRUARY 25, 1999
An act to add Sections 12812.2 and 12812.3 to the Government Code,
to add Part 1.5 (commencing with Section 71040) to Division 34 of,
and to add and repeal Part 1.6 (commencing with Section 71045) of
Division 34 of, the Public Resources Code, relating to environmental
protection.
LEGISLATIVE COUNSEL'S DIGEST
AB 1102, Jackson. Environmental protection.
(1) Existing law authorizes the Governor, with respect to the
California Environmental Protection Agency, to appoint not more than
3 deputies to the Secretary for Environmental Protection.
This bill would provide that one of those deputies shall be a
deputy secretary for law enforcement and counsel and another deputy
shall be a deputy secretary for external affairs. The bill would
prescribe the duties and responsibilities of those deputies.
(2) Existing law requires a business or entity to obtain various
environmental permits prior to undertaking any project that may have
an impact on the environment.
This bill would require the secretary to establish permit
assistance centers throughout the state to provide businesses and
other entities with assistance in complying with the laws and
regulations implemented by the boards, departments, and offices
within the agency. The bill would also require the secretary to
establish an electronic on-line permit assistance center, known as
the "California Government-On Line to Desktops" (CALGOLD) program, to
be available through the Internet to provide a business or entity
with assistance in complying with those laws and regulations.
The bill would also require the secretary to establish no more
than 8 pilot projects for the purpose of evaluating whether and how
the use of an environmental management system, as defined in the
bill, increases, among other things, public health and environmental
protection, over the protections provided through the issuance,
enforcement, and monitoring of any permit, requirement,
authorization, standard, certification, or other approval issued by a
federal, state, regional, or local agency for those purposes. The
bill would authorize the secretary to develop evaluation and
monitoring parameters for the evaluation and to develop a model
memorandum of understanding to be entered into by the secretary and
any regulated entity that agrees to participate in a pilot project.
Under the bill, the secretary would be required to submit quarterly
reports to the Governor and the Legislature on the status of the
pilot projects. The bill would provide for the repeal of the latter
provisions on January 1, 2002.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12812.2 is added to the Government Code, to
read:
12812.2. (a) One of the deputies to the Secretary for
Environmental Protection authorized pursuant to Section 12812.1 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) 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 such 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 such
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.
(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) Notwithstanding Section 7550.5 of the Government Code, the
Secretary for Environmental Protection shall report annually to the
Governor and the Legislature on the implementation of this section.
SEC. 2. Section 12812.3 is added to the Government Code, to read:
12812.3. One of the deputies to the Secretary for Environmental
Protection authorized pursuant to Section 12812.1 shall be a deputy
secretary for external affairs who shall provide public outreach,
communication to individuals and communities impacted by permitted
activities, and technical support to businesses subject to regulation
by one or more boards, departments, or offices within the California
Environmental Protection Agency.
SEC. 3. Part 1.5 (commencing with Section 71040) is added to
Division 34 of the Public Resources Code, to read:
PART 1.5. PERMIT ASSISTANCE CENTERS
71040. (a) The Secretary for Environmental Protection shall
establish permit assistance centers throughout the state to provide
businesses and other entities with assistance in complying with laws
and regulations implemented by every board, department, and office
within the California Environmental Protection Agency. Each permit
assistance center shall, to the extent feasible, incorporate permit
assistance activities of local and federal entities and of other
entities of the state into its operations.
(b) In addition to the centers authorized pursuant to subdivision
(a), the secretary shall establish an electronic on-line permit
assistance center through the Internet. The electronic on-line
permit assistance center shall be available for use by any business
or other entity subject to a law or regulation implemented by a
board, department, or office within the California Environmental
Protection Agency, and shall provide a business or other entity with
assistance in complying with those laws and regulations. The center,
which shall be called the "California Government-On Line to Desktops"
or "CALGOLD" program, shall provide special software, "hotlinks" and
other on-line resources and tools that may be used by a business or
other entity to streamline and expedite compliance with laws and
regulations implemented by a board, department, or office within the
California Environmental Protection Agency. The CALGOLD program
shall, to the extent feasible, incorporate permit assistance
activities of local and federal entities and of other entities of the
state into its operations.
(c) Notwithstanding Section 7550.5 of the Government Code, the
Secretary for Environmental Protection shall report annually to the
Governor and the Legislature on the number of permits issued,
expedited, or otherwise streamlined by each center; the number and
types of businesses assisted by each center; and how the assistance
provided to businesses has improved environmental protection. The
secretary, in consultation with the Secretary of the Trade and
Commerce Agency, shall report on the permit assistance activities of
both agencies and shall make recommendations to ensure that these
activities are coordinated and nonduplicative.
SEC. 4. Part 1.6 (commencing with Section 71045) is added to
Division 34 of the Public Resources Code, to read:
PART 1.6. ENVIRONMENTAL MANAGEMENT SYSTEMS
71045. For the purposes of this chapter, the following
definitions shall apply:
(a) "Environmental management system" means a system of standards
or guidelines for the management of the activities or processes of a
regulated entity that meets all of the following criteria:
(1) The system is voluntary on the part of the regulated entity.
(2) The system is in addition to, and not in lieu of, any permit
requirement, authorization, standard, certification, or other
approval issued by a federal, state, regional, or local agency.
(3) The system results in public health or environmental benefits
that exceed any benefits that may be otherwise obtained through
compliance with any permit, requirement, authorization, standard,
certification, or other approval issued by a federal, state,
regional, or local agency for the protection of public health or the
environment, including, but not limited to, pollution prevention,
reduction in energy consumption, reduction in water consumption,
reduced risk to workers, and reduction in solid or hazardous waste,
generated or disposed.
(4) The system results in increased quantity and quality of
information available to the public on the environmental effects of
the activities or processes of a regulated entity when compared to
that information available to the public through compliance with any
permit, requirement, authorization, standard, certification, or other
approval issued by a federal, state, regional, or local agency for
the protection of public health or the environment, or any other law
or regulation governing public disclosure of information.
(b) "Regulated entity" means a business, public agency, or other
entity subject to regulation by one or more boards, departments, or
offices within the California Environmental Protection Agency.
(c) "Secretary" means the Secretary for Environmental Protection.
71046. (a) The secretary, in consultation with the boards,
offices, and departments within the California Environmental
Protection Agency, other interested state, regional, and local
agencies, and any other interested party, and after holding at least
one public hearing for the purposes of obtaining public comment on
the pilot projects proposed to be selected, shall establish no more
than eight pilot projects for the purpose of evaluating both of the
following:
(1) Whether and how the use of an environmental management system
by a regulated entity that participates in a pilot project increases
public health and environmental protection over those protections
provided through the issuance, enforcement, and monitoring of any
permit, requirement, authorization, standard, certification, or other
approval issued by a federal, state, regional, or local agency to
the regulated entity for the protection of public health or the
environment.
(2) Whether and how the use of an environmental management system
by a regulated entity that participates in a pilot project provides
the public with greater information on the nature and extent of the
public health or environmental effects of activities or processes
engaged in by the regulated entity than that information provided
through the issuance, enforcement, and monitoring of any permit,
requirement, authorization, standard, certification, or other
approval issued to the regulated entity by a federal, state,
regional, or local agency for the protection of public health or the
environment, or any other law or regulation governing the disclosure
of public information.
(b) The secretary may develop evaluation and monitoring parameters
for the purpose of making the evaluation required under subdivision
(a) and may develop a model memorandum of understanding to be entered
into by the secretary and any regulated entity that agrees to
participate in a pilot project authorized pursuant to this section.
The notice of the parameters and model memorandum of understanding
shall be given to the public in draft form at least 30 days prior to
adoption, and shall be subject to at least one public hearing, prior
to adoption, for the purpose of obtaining public comment.
(c) The secretary may enter into a memorandum of understanding
with a regulated entity that voluntarily chooses to participate in a
pilot project if both of the following conditions are met:
(1) The environmental management system used by the regulated
entity can reasonably be expected to produce greater public health
and environmental protection than would otherwise be achieved through
the permits, requirements, authorizations, standards, approvals, or
certifications issued by a federal, state, regional, or local agency.
(2) The environmental management system used by the regulated
entity can be monitored to allow the secretary to perform the
evaluation required under subdivision (a).
(d) Notwithstanding Section 7550.5 of the Government Code,
beginning January 1, 2000, the secretary shall submit quarterly
reports to the Governor and the Legislature on the status of the
implementation of this section.
(e) Nothing in this section shall be construed as limiting,
abridging, or otherwise waiving any permit, requirement,
authorization, standard, certification, or other approval issued by a
federal, state, regional, or local agency pursuant to law or
regulation for the protection of public health or the environment.
71047. This part shall remain in effect only until January 1,
2002, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2002, deletes or extends
that date.
SEC. 5. The Legislature finds and declares that Sections 1 and 2
of this act are intended to establish in statute the authority and
duties of the positions of deputy secretary for law enforcement and
counsel and deputy secretary for external affairs, as created under
the Governor's Reorganization Plan No. 1 of 1991, which established
the California Environmental Protection Agency. It is the intent of
the Legislature that any funding provided in the annual Budget Act
for those positions shall be used to implement Sections 12812.2 and
12812.3 of the Government Code.
SEC. 6. The Legislature finds and declares that Section 3 of this
act is intended to establish in statute the duties and
responsibilities of the Secretary for Environmental Protection with
regard to establishing the permit assistance centers funded by the
Budget Act of 1999. It is the intent of the Legislature to ensure
future stable and predictable funding for the centers.
SEC. 7. It is the intent of the Legislature in enacting Section 4
of this act to establish the criteria under which funds appropriated
in the Budget Act of 1999 to the Secretary of Environmental
Protection may be expended for environmental management system pilot
projects.