BILL NUMBER: SB 89	CHAPTERED
	BILL TEXT

	CHAPTER   728
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 25, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 30, 2000
	AMENDED IN ASSEMBLY   AUGUST 29, 2000
	AMENDED IN ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   JUNE 20, 2000
	AMENDED IN ASSEMBLY   JUNE 13, 2000
	AMENDED IN SENATE   JANUARY 26, 2000
	AMENDED IN SENATE   JANUARY 14, 2000
	AMENDED IN SENATE   APRIL 14, 1999

INTRODUCED BY   Senator Escutia
   (Coauthors:  Senators Murray and Solis)
   (Coauthors:  Assembly Members Alquist, Aroner, Firebaugh,
Longville, Keeley, Romero, Shelley, Strom-Martin, and Wildman)

                        DECEMBER 7, 1998

   An act to amend Section 65040.12 of the Government Code, to amend
Section 72000 of, and to add Sections 72001.5, 72002, 72003, and
72004 to, the Public  Resources Code, relating to environmental
justice.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 89, Escutia.  Environmental quality:  minority and low-income
populations.
   Existing law establishes the Office of Planning and Research as
the coordinating agency in state government for environmental justice
programs.  Existing law defines "environmental justice" to mean the
fair treatment of people of all races, cultures, and incomes with
respect to the development, adoption, implementation, and enforcement
of environmental laws and policies.
   This bill would require the Secretary for Environmental
Protection, on or before January 15, 2002, to convene a Working Group
on Environmental Justice, composed of various representatives, as
specified, to assist the California Environmental Protection Agency
in developing an interagency environmental justice strategy.  The
bill would require the working group to take various actions relating
to the development and implementation of environmental justice
strategies.
   The bill would require the secretary, on or before January 15,
2002, to convene an advisory committee to assist the working group by
providing recommendations and information to, and serving as a
resource for, the working group.  The bill would also require the
secretary, not later than January, 1 2006, and every 3 years
thereafter, to prepare and submit to the Governor and the Legislature
a report on the implementation of the body of law of which this bill
would be a part.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 65040.12 of the Government Code is amended to
read:
   65040.12.  (a) The office shall be the coordinating agency in
state government for environmental justice programs.
   (b) The director shall do all of the following:
   (1) Consult with the Secretaries of the California Environmental
Protection Agency, the Resources Agency, the Trade and Commerce
Agency, and the Business, Transportation and Housing Agency, the
Working Group on Environmental Justice established pursuant to
Section 72002 of the Public Resources Code, any other appropriate
state agencies, and all other interested members of the public and
private sectors in this state.
   (2) Coordinate the office's efforts and share information
regarding environmental justice programs with the Council on
Environmental Quality, the United States Environmental Protection
Agency, the General Accounting Office, the Office of Management and
Budget, and other federal agencies.
   (3) Review and evaluate any information from federal agencies that
is obtained as a result of their respective regulatory activities
under federal Executive Order 12898, and from the Working Group on
Environmental Justice established pursuant to Section 72002 of the
Public Resources Code.
   (c) For the purposes of this section, "environmental justice"
means the fair treatment of people of all races, cultures, and
incomes with respect to the development, adoption, implementation,
and enforcement of environmental laws, regulations, and policies.
  SEC. 1.5.  Section 72000 of the Public Resources Code is amended to
read:
   72000.  The California Environmental Protection Agency, in
designing its mission for programs, policies, and standards, shall do
all of the following:
   (a) Conduct its programs, policies, and activities that
substantially affect human health or the environment in a manner that
ensures the fair treatment of people of all races, cultures, and
income levels, including minority populations and low-income
populations of the state.
   (b) Promote enforcement of all health and environmental statutes
within its jurisdiction in a manner that ensures the fair treatment
of people of all races, cultures, and income levels, including
minority populations and low-income populations in the state.
   (c) Ensure greater public participation in the agency's
development, adoption, and implementation of environmental
regulations and policies.
   (d) Improve research and data collection for programs within the
agency relating to the health of, and environment of, people of all
races, cultures, and income levels, including minority populations
and low-income populations of the state.
   (e) Coordinate its efforts and share information with the United
States Environmental Protection Agency.
   (f) Identify differential patterns of consumption of natural
resources among people of different socioeconomic classifications for
programs within the agency.
   (g) Consult with and review any information received from the
Working Group on Environmental Justice established to assist the
California Environmental Protection Agency in developing an
agencywide strategy pursuant to Section 72002 in meeting the
requirements of this section.
  SEC. 1.6.  Section 72001.5 is added to the Public Resources Code,
to read:
   72001.5.  In developing the model environmental justice mission
statement pursuant to Section 72001, the California Environmental
Protection Agency shall consult with, review, and evaluate any
information received from the Working Group on Environmental Justice
established pursuant to Section 72002.
  SEC. 1.7.  Section 72002 is added to the Public Resources Code, to
read:
   72002.  (a) On or before January 15, 2002, the Secretary for
Environmental Protection shall convene a Working Group on
Environmental Justice to assist the California Environmental
Protection Agency in developing an agencywide strategy for
identifying and addressing any gaps in existing programs, policies,
or activities that may impede the achievement of environmental
justice.
   (b) The working group shall be composed of the Secretary for
Environmental Protection, the Chairs of the State Air Resources
Board, the California Integrated Waste Management Board, and the
State Water Resources Control Board, the Director of Toxic Substances
Control, the Director of Pesticide Regulation, the Director of
Environmental Health Hazard Assessment, and the Director of Planning
and Research.
   (c) The working group shall do all of the following:
   (1) Examine existing data and studies on environmental justice,
and consult with state, federal, and local agencies and affected
communities.
   (2) Recommend criteria to the Secretary for Environmental
Protection for identifying and addressing any gaps in existing
programs, policies, or activities that may impede the achievement of
environmental justice.
   (3) Recommend procedures and provide guidance to the California
Environmental Protection Agency for the coordination and
implementation of intraagency environmental justice strategies.
   (4) Recommend procedures for collecting, maintaining, analyzing,
and coordinating information relating to an environmental justice
strategy.
   (5) Recommend procedures to ensure that public documents, notices,
and public hearings relating to human health or the environment are
concise, understandable, and readily accessible to the public.  The
recommendation shall include guidance for determining when it is
appropriate for the California Environmental Protection Agency to
translate crucial public documents, notices, and hearings relating to
human health or the environment for limited-English-speaking
populations.
   (6) Hold public meetings to receive and respond to public comments
regarding recommendations required pursuant to this section, prior
to the finalization of the recommendations.  The California
Environmental Protection Agency shall provide public notice of the
availability of draft recommendations at least one month prior to the
public meetings.
   (7) Make recommendations on other matters needed to assist the
agency in developing an intraagency environmental justice strategy.

  SEC. 2.  Section 72003 is added to the Public Resources Code, to
read:
   72003.  The Secretary for Environmental Protection shall, on or
before January 15, 2002, convene an advisory group to assist the
working group described in Section 72002 by providing recommendations
and information to, and serving as a resource for, the working
group.  The Secretary for Environmental Protection shall appoint
members to the advisory group according to the following categories:

   (a) Two representatives of local or regional land use planning
agencies.
   (b) Two representatives from air districts.
   (c) Two representatives from certified unified program agencies
(CUPAs).
   (d) Two representatives from environmental organizations.
   (e) Three representatives from the business community, one from a
small business and two from a large business, except that two of the
representatives of the business community may be from an association
that represents small or large businesses.  As used in this
subdivision, "small business" has the meaning given that term by
subdivision (c) of Section 1028.5 of the Code of Civil Procedure, and
a large business is any business other than a small business.
   (f) Two representatives from community organizations.  The
advisory group may form subcommittees to address specific types of
environmental program areas.  The California Environmental Protection
Agency shall provide a reasonable per diem for attendance at
advisory committee meetings by advisory committee members from
nonprofit organizations.
  SEC. 3.  Section 72004 is added to the Public Resources Code, to
read:
   72004.  The Secretary for Environmental Protection shall, not
later than January 1, 2006, and every three years thereafter, prepare
and submit to the Governor and the Legislature a report on the
implementation of this part.