BILL ANALYSIS �
SB 763
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: SB 763
AUTHOR: Steinberg
AMENDED: April 28, 2011
FISCAL: Yes HEARING
DATE:May 2, 2011
URGENCY: No CONSULTANT:
Rachel Machi Wagoner
SUBJECT : ENVIRONMENTAL PROTECTION: CALIFORNIA PERFORMANCE
PLUS PROGRAM
SUMMARY :
Existing law creates the California Environmental Protection
Agency (CalEPA) under the supervision of an executive officer
known as the secretary, appointed by the Governor and
confirmed by the California State Senate. CalEPA is comprised
of the following boards, departments and offices: The
California Air Resources Board, the California Water Resources
Control Board, the Department of Pesticide Regulation, the
Department of Toxic Substance Control and the Office of
Environmental Health Hazards Assessment.
This bill :
1) Authorizes the Secretary for Environmental Protection to
establish programs to, among other things, recognize
facilities and persons that have demonstrated a commitment
to enhanced environmental performance, including at a
minimum developing or initiating implementation of an
environmental management system.
2) Defines "environmental management system" as a
comprehensive, cohesive set of policies and procedures
adopted by a facility or person and used to establish
environmental goals, meet and maintain those goals,
evaluate environmental performance, and achieve measurable
improvement in environmental performance.
SB 763
Page 2
3) Requires the secretary to develop guidelines and procedures
for implementation of the program.
4) Requires for Governor's Performance Plus Awards to be
awarded annually to recognize participants in the program
that have demonstrated innovation in the implementation of
pollution prevention practices and other efforts to reduce
environmental impacts.
COMMENTS :
1) Purpose of Bill . According to the author, by rewarding
companies with public recognition from the Governor, SB 763
provides an additional incentive for industry to shrink its
environmental footprint while fostering innovation and
growing profitability. SB 763 will encourage businesses to
think about how they can improve California's environmental
quality and economic vitality by allowing participating
businesses to maximize their return on investment for
sustainability initiatives through recognition.
2) Other State Programs . Oregon, Massachusetts, Michigan and
Wisconsin have enacted similar programs to reward
sustainable businesses. Due to the unique nature of
California's environmental regulatory structure it would be
difficult to model a program directly after any of these
programs. These programs do however offer some examples of
programs from which to learn.
3) Above and Beyond Compliance . SB 763 aims to reward those
businesses that go beyond compliance with environmental
regulation and integrate sustainability into their business
philosophy and model to the benefit of both the business
and California. The bill sets up a three-level system to
define and evaluate the "sustainability" of a business or
facility. Those levels are broadly defined in the bill.
Because the term "sustainable" is not defined in California
statute, the bill should be amended to more narrowly
establish who is eligible for participation in this program
to prevent "green washing" and to truly capture the most
exemplary, sustainable businesses in California.
Additionally, as this is a new program for California, it
may be worthwhile to begin this program as a pilot project
capturing 5 to 10 of the most exemplary sustainable
SB 763
Page 3
businesses from across the state and cross sectors to build
a successful program and ensure that the program does not
inadvertently capture practices or facilities that are not
sustainable.
The author should ensure that committee staff are involved
in the development of this program.
4) Sustainable . When the Legislature contemplates legislation
and policy in California on sustainability, it looks at
issues relating to air, water, soil quality as well as
waste reduction and energy and water use. CalEPA has
authority over air, water and soil quality but waste
reduction and energy and water use are regulated by other
agencies. The author may wish to require coordination
among all of California's agencies that regulate some
aspect of being sustainable.
SOURCE : The Sustainable Earth Initiative
SUPPORT : Bay Planning Coalition
OPPOSITION : None on file