Amended in Senate August 22, 2014

Amended in Senate September 6, 2013

Amended in Assembly April 9, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1330

Introduced by Assembly Member John A. Pérez

February 22, 2013

An act to amend Sections 12812.2 and 54954.3 of the Government Code begin delete , to amend Sections 25135 and 44050 of, and toadd Sections 25135.10, 25135.11, 25196.1, and 42410.1 to, the Health and Safety Code, and to amend Section 71116 of, end delete and to add begin delete Sections 45024.1, 45025.1, 71116.1, 71117.5, 71119, and 71119.5 to, end delete begin insert Section 71119 to end insert the Public Resources Code, relating to environmental begin delete justice, and making an appropriation therefor. end delete begin insert justice. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1330, as amended, John A. Pérez. Environmental justice.

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(1) Existing law requires the Secretary for Environmental Protection to convene a Working Group on Environmental Justice to assist the secretary in developing an agency wide strategy for identifying and addressing gaps in existing programs, policies, or activities of the boards, departments, and offices of the California Environmental Protection Agency that may impede the achievement of environmental justice. Existing law requires the agency to identify disadvantaged communities for investment opportunities under the California Global Warming Solutions Act of 2006.

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This bill would require the agency, on or before January 1, 2015, to establish a list of environmental justice communities identifying the top 15% of communities in the state, based on census tracts, that are disproportionately impacted by environmental hazards. The bill would require the agency to revise the list on a triennial basis.

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(2) Existing law imposes administrative, civil, and criminal fines and penalties for a violation of specified environmental laws and establishes the maximum amount of fines and penalties.

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This bill would require the enforcement agency with jurisdiction over those environmental laws and the courts to double the maximum amount of fines and penalties assessed if a violation occurs at a facility located in an environmental justice community that results in an increased level of emissions or discharges that exceeds the level permitted under that environmental law. The bill would require a specified amount of fines and penalties collected pursuant to this provision to be deposited into the Green Zone Trust Fund, which the bill would establish in the State Treasury. By requiring an enforcement agency to deposit a specified portion of fines and penalties it collects into the Green Zone Trust Fund, the bill would increase the level of service provided by the enforcement agency, thereby imposing a state-mandated local program. The bill would require moneys in the Green Zone Trust Fund, upon appropriation by the Legislature, to be expended by the California Environmental Protection Agency to support Green Zone Environmental Projects that are environmentally beneficial to environmental justice communities. The bill would require the agency, on or before January 1, 2015, to establish guidelines to designate Green Zone Environmental Projects.

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(3)

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begin insert (1) end insert  Existing law gives the responsibility and authority to a deputy to the Secretary for Environmental Protection to, in consultation with the Attorney General, establish a cross-media enforcement unit to assist a board, begin delete department end delete begin insert department, end insert office, or other agency that implements a law or regulation within the jurisdiction of the California Environmental Protection Agency. begin insert Existing law requires the agency to identify disadvantaged communities for investment opportunities under the California Global Warming Solutions Act of 2006. end insert

This bill would require the secretary to ensure that the unit give priority to enforcement actions for a violation occurring in begin delete an environmental justice community. end delete begin insert those disadvantaged communities. end insert

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(4) Existing law requires the Department of Toxic Substances Control to prepare, adopt, and review triennially a state hazardous management plan that serves as a comprehensive planning document for the state and as a useful source of information for the public, local government, and regional councils of government.

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This bill would require the department, on or before January 1, 2016, in consultation with the Hazardous Waste Reduction Advisory Committee, which the bill would establish, to prepare and submit to the Legislature the state hazardous waste reduction plan that identifies measures necessary to achieve significant reduction in hazardous waste generated and disposed of in California by 2025 to the maximum extent practicable. The bill would require the department, on or before January 1, 2017, and biennially thereafter, to report to the Legislature on its progress toward achieving the reduction goals in the plan.

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(5)

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begin insert (2) end insert  The Ralph M. Brown Act requires a local legislative body to provide an opportunity for members of the public to directly address the body concerning any item described in a notice of meeting. The act authorizes the legislative body to adopt reasonable regulations limiting the total amount of time allocated for public testimony for each individual speaker.

This bill would begin delete , if a local legislative body limits the time for public comment, end delete prohibit begin insert , if a local legislative body limits the time for public comment, end insert the body from counting the time used by a translator to translate comments from a begin delete non-English-speaking commenter end delete begin insert non-English speaker end insert in determining whether the speaker has exceeded his or her time limit unless simultaneous translation equipment is used to allow the body to hear the translated public testimony simultaneously.

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(6) Existing law requires the California Environmental Protection Agency to establish the Environmental Justice Small Grant Program to provide grants to eligible community groups that are involved in working to address environmental justice issues. Existing law caps the amount of a grant at $20,000.

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This bill would raise the grant cap to $50,000.

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(7)

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begin insert (3) end insert  This bill would require the California Environmental Protection Agency to maintain an agencywide public database of begin delete complaints and enforcement cases for end delete begin insert certain information related to entities regulated by end insert each board, department, and office of the agency.

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(8) This bill would appropriate $800,000 from the Hazardous Waste Control Account to the Department of Toxic Substances Control for the purposes of preparing the state hazardous waste reduction plan.

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(9)

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begin insert (4) end insert  The bill would declare that the provisions of the bill are severable.

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(10) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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(5) This bill would incorporate additional changes to Section 54954.3 of the Government Code proposed by AB 194 that would become operative if this bill and AB 194 are both chaptered and this bill is chaptered last.

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Vote: majority. Appropriation:  begin delete yes end delete begin insert no end insert . Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

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SECTION 1.  

(a) The Legislature finds and declares all of the
following:

(1) The Legislature, in 2001, enacted Senate Bill 828 of the
2001-02 Regular Session (Chapter 765 of the Statutes of 2001) to
require the California Environmental Protection Agency to convene
a Working Group on Environmental Justice to assist the agency
in developing an agencywide strategy for identifying and
addressing gaps in existing programs, policies, or activities that
may impede the achievement of environmental justice.

(2) After the development of the strategy, Senate Bill 828
requires each board, department, and office within the agency, in
coordination with the Secretary for Environmental Protection and
the Director of the Office of Planning and Research, to review its
programs, policies, or activities that may impede the achievement
of environmental justice.

(3) Senate Bill 828 also requires the secretary to submit, on a
triennial basis beginning on January 1, 2004, a report to the
Governor and the Legislature, on the implementation of the above
requirements.

(4) In September of 2004, the agency submitted to the Governor
and the Legislature a report on actions taken to implement Senate
Bill 828.

(5) In October of 2004, the agency issued the Environmental
Justice Action Plan identifying opportunities for the agency and
its boards, departments, and offices to take the initial steps toward
addressing environmental justice issues.

(6) Since 2004, the agency has not submitted a report to the
Governor or the Legislature on the implementation of the
Environmental Justice Action Plan.

(7) Additionally, issues regarding environmental justice not
addressed by the agency may have arisen since 2004.

(b) It is the intent of the Legislature that the agency should
update the Environmental Justice Action Plan to address issues
regarding environmental justice that may have arisen since 2004
that may have impeded the achievement of environmental justice.

(c) It is further the intent of the Legislature to ensure increased
public participation from individuals in the environmental justice
community in the governmental decisionmaking process.

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begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 12812.2 of the Government Code is
amended to read:

12812.2.  

(a) One of the deputies to the Secretary for
Environmental Protection 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) (A) 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 the 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 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.

(B) The Secretary for Environmental Protection shall ensure
that the unit shall give priority to enforcement actions for violations
that have occurred in a community listed pursuant to Section
begin delete 71117.5 end delete begin insert 39711 end insert of the begin delete Public Resources end delete begin insert Health and Safety end insert Code.

(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) The Environmental Protection Agency shall post on its
begin insert Internet end insert Web site, updated no later than December 1 of each year,
the status of the implementation of this section.

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begin insert SEC. 2. end insert   

Section 54954.3 of the Government Code is amended
to read:

54954.3.  

(a) Every agenda for regular meetings shall provide
an opportunity for members of the public to directly address the
legislative body on any item of interest to the public, before or
during the legislative body’s consideration of the item, that is
within the subject matter jurisdiction of the legislative body,
provided that no action shall be taken on any item not appearing
on the agenda unless the action is otherwise authorized by
subdivision (b) of Section 54954.2. However, the agenda need not
provide an opportunity for members of the public to address the
legislative body on any item that has already been considered by
a committee, composed exclusively of members of the legislative
body, at a public meeting wherein all interested members of the
public were afforded the opportunity to address the committee on
the item, before or during the committee’s consideration of the
item, unless the item has been substantially changed since the
committee heard the item, as determined by the legislative body.
Every notice for a special meeting shall provide an opportunity
for members of the public to directly address the legislative body
concerning any item that has been described in the notice for the
meeting before or during consideration of that item.

(b) The legislative body of a local agency may adopt reasonable
regulations to ensure that the intent of subdivision (a) is carried
out, including, but not limited to, regulations limiting the total
amount of time allocated for public testimony on particular issues
and for each individual speaker.

(c) (1) To ensure that a non-English speaker who uses a
translator receives the same opportunity to directly address the
legislative body of a local agency as a speaker who does not use
a translator, notwithstanding subdivision (b), if that body limits
time for public comment, the time used by a translator to translate
a non-English speaker’s comments into English shall not count
toward the speaker’s allotted time.

(2) Paragraph (1) shall not apply if the legislative body of a
local agency utilizes simultaneous translation equipment in a
manner that allows that body to hear the translated public testimony
simultaneously.

(d) The legislative body of a local agency shall not prohibit
public criticism of the policies, procedures, programs, or services
of the agency, or of the acts or omissions of the legislative body.
Nothing in this subdivision shall confer any privilege or protection
for expression beyond that otherwise provided by law.

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begin insert SEC. 2.5. end insert   

end insert

begin insert Section 54954.3 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

54954.3.  

(a) Every agenda for regular meetings shall provide
an opportunity for members of the public to directly address the
legislative body on any item of interest to the public, begin delete before or end delete
begin insert before, and end insert during the legislative body’s consideration of the item,
that is within the subject matter jurisdiction of the legislative body,
provided that no action shall be taken on any item not appearing
on the agenda unless the action is otherwise authorized by
subdivision (b) of Section 54954.2. However, the agenda need not
provide an opportunity for members of the public to address the
legislative body on any item that has already been considered by
a committee, composed exclusively of members of the legislative
body, at a public meeting wherein all interested members of the
public were afforded the opportunity to address the committee on
the item, before or during the committee’s consideration of the
item, unless the item has been substantially changed since the
committee heard the item, as determined by the legislative body.
Every notice for a special meeting shall provide an opportunity
for members of the public to directly address the legislative body
concerning any item that has been described in the notice for the
meeting before or during consideration of that item.

(b) The legislative body of a local agency may adopt reasonable
regulations to ensure that the intent of subdivision (a) is carried
out, including, but not limited to, regulations limiting the total
amount of time allocated for public testimony on particular issues
and for each individual begin delete speaker end delete begin insert speaker, and the procedure for
public comment on agenda items end insert .

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(c) (1) Subject to reasonable regulations promulgated pursuant
to subdivision (b), the legislative body of a local agency, or its
presiding officer or staff, acting in their official capacity on behalf
of the legislative body, shall not prohibit, limit, or otherwise
prevent any of the following:

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(c)The legislative body of a local agency shall not prohibit public

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begin insert (A) end insert   begin insert Public end insert criticism of the policies, procedures, programs, or
services of the agency, or of the acts or omissions of the legislative
body begin delete . Nothing in this subdivision shall confer any privilege or
protection for expression beyond that otherwise provided by law end delete begin insert end insert
begin insert or its officers or employees acting in their official capacity end insert .

begin insert

(B) Comment by a member of the public during presentation of
an agenda item that has not provided notice of his or her desire
to comment prior to consideration of the agenda item by the
legislative body.

end insert begin insert

(C) Comment by a member of the public based on his or her
viewpoint where the comment is within the subject matter
jurisdiction of the legislative body.

end insert begin insert

(2) If a legislative body limits the total amount of time allocated
for public testimony on a particular issue or for each individual
speaker, the questioning or interrupting of the speaker by the
legislative body, its officers or employees, and the speaker’s
response to questioning shall not reduce the total time allocated
for public testimony on the particular issue or allocated for an
individual speaker.

end insert begin insert

(3)  This subdivision shall not be construed to confer any
privilege or protection for expression beyond that otherwise
provided by law.

end insert begin insert

(d) (1) To ensure that a non-English speaker that uses a
translator receives the same opportunity to directly address the
legislative body of a local agency as a speaker who does not use
a translator, notwithstanding subdivision (b), if that body limits
time for public comment, the time used by a translator to translate
a non-English speaker’s comments into English shall not count
toward the speaker’s allotted time.

end insert begin insert

(2) Paragraph (1) shall not apply if the legislative body of a
local agency utilizes simultaneous translation equipment in a
manner that allows that body to hear the translated public
testimony simultaneously.

end insert

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SEC. 4.  

Section 25135 of the Health and Safety Code is
amended to read:

25135.  

(a)  The Legislature finds and declares as follows:

(1)  An effective planning process involving public and private
sector participation exists at the county level for establishing new,
or expanding existing, solid waste facilities, but an equivalent
process has not been established at the local level to plan for the
management of hazardous wastes.

(2)  Counties are presently required to prepare solid waste
management plans for all waste disposal within each county and
for all waste originating in each county. While the department has
requested that counties include in their solid waste management
plans a hazardous waste management element, there is not presently
a clear mandate that they do so.

(3)  Hazardous waste management planning at the local level
has been hampered because the department has not provided the
counties with adequate and comprehensive planning guidelines,
there is a lack of accurate data on hazardous waste generation,
handling, and disposal practices, adequate funding has not been
available, and local expertise in hazardous waste planning has not
been developed.

(4)  The failure to plan for the safe and effective management
of hazardous wastes has contributed to the public’s general
uncertainty in viewing proposals to site hazardous waste facilities
at various locations throughout the state. Because advance planning
has not taken place, local governments are not prepared to consider
siting proposals and the public has not received adequate answers
to questions concerning the need for proposed facilities.

(5)  Safe and responsible management of hazardous wastes is
one of the most important environmental problems facing the state
at the present time. It is critical to the protection of the public health
and the environment, and to the economic growth of the state. If
environmentally sound hazardous waste facilities are not available
to effectively manage the hazardous wastes produced by the many
industries of the state, economic activity will be hampered and the
economy cannot prosper.

(6) The Legislature has given the Department of Toxic
Substances Control responsibility for the state’s hazardous waste
management system to protect public health and the environment
from toxic harm.

(7) California needs a statewide strategy to reduce the amount
of hazardous waste it generates and disposes.

(b)  The Legislature, therefore, declares that it is in the public
interest to establish an effective process for hazardous waste
management planning at the local level. This process is consistent
with the responsibility of local governments to assure that adequate
treatment and disposal capacity is available to manage the
hazardous wastes generated within their jurisdictions.

(c)  It is the intent of the Legislature that the hazardous waste
management plans prepared pursuant to this article serve as the
primary planning document for hazardous waste management at
the local level; that the plans be integrated with other local land
use planning activities to ensure that suitable locations are available
for needed hazardous waste facilities; that land uses adjacent to,
or near, hazardous waste facilities, or proposed sites for these
facilities, are compatible with their operation; and that the plans
are prepared with the full and meaningful involvement of the
public, environmental groups, civic associations, generators of
hazardous wastes, and the hazardous waste management industry.

(d)  It is further the intent of the Legislature, in enacting this
article, to define the respective responsibilities of state and local
governments in hazardous waste management planning; to establish
a comprehensive planning process in which state and local
government, the public, and industry jointly develop safe and
effective solutions for the management and disposal of hazardous
wastes; to ensure that local governments are assisted adequately
by the state in carrying out their responsibilities; and to provide
funding for local-level planning.

(e) It is further the intent of the Legislature to create significant
disincentives for new releases of hazardous substances that can
contaminate soil, buildings, and other environmental media, thereby
preventing the generation of hazardous waste in the future.

(f) It is further the intent of the Legislature to ensure that
reducing hazardous waste disposal in hazardous waste landfills
does not result in increased health and environmental burdens to
other communities.

(g) It is further the intent of the Legislature to reduce the impact
of hazardous waste generation and disposal on individuals in
low-income communities by ensuring that individuals in these
impacted communities have a greater role in shaping governmental
priorities and decisionmaking and that environmental justice
concerns are considered during hazardous waste facility permitting
and decisionmaking.

(h) It is further the intent of the Legislature to look to the private
sector to develop new technologies and increase pollution
prevention practices to reduce hazardous waste generation.

(i) It is further the intent of the Legislature to look to the private
sector to develop new technologies and practices to remediate sites
contaminated by hazardous substances.

(j) It is further the intent of the Legislature to ensure that
California significantly reduce its generation and disposal of
hazardous waste. This is accomplished by requiring a statewide
hazardous waste management plan to provide thorough analysis,
reduction measures, and specific guidelines to achieve these
reductions by 2025.

SEC. 5.  

Section 25135.10 is added to the Health and Safety
Code, to read:

25135.10.  

(a) For the purposes of this section, “generation”
means the act or process of generating hazardous waste, but does
not include the removal of contaminated soil or water.

(b) (1) On or before January 1, 2016, the department, in
consultation with the advisory committee established pursuant to
Section 25135.11, shall prepare and submit, in compliance with
Section 9795 of the Government Code, to the Legislature the state
hazardous waste reduction plan that identifies measures necessary
to achieve significant reduction in hazardous waste generated and
disposed of in California by 2025 to the maximum extent
practicable. The hazardous waste reduction plan prepared pursuant
to this section shall serve as a comprehensive planning document
to ensure that the best practices are implemented to reduce
hazardous waste generation and disposal.

(2) In preparing the plan, the department shall take into
consideration methods that can serve to reduce the generation of
hazardous waste, including pollution prevention, hazardous waste
disposal practices in the state, and the impacts of hazardous waste
disposal in or near low-income communities.

(3) In developing the plan, the department shall hold public
meetings to discuss elements that could be included in the plan.

(c) The plan shall include, but need not be limited to, all of the
following elements:

(1) A description of preferred hazardous waste management
practices, programs, incentives, requirements, prohibitions, or
other measures necessary to reduce hazardous waste generation
and disposal. At a minimum, the description shall include steps
for all of the following:

(A) Reducing the generation of hazardous wastes to the
maximum extent feasible.

(B) Reducing the use of hazardous materials and increasing the
use of less hazardous or nonhazardous alternatives.

(C) Reducing the disposal of hazardous waste that may pose a
significant threat to human health or the environment to the
maximum extent practicable.

(D) Reducing the risk of exposure to communities threatened
by releases of hazardous substances and hazardous wastes.

(E) Reducing the risk of exposure to communities near sites
contaminated by hazardous waste substances and hazardous waste.

(2) Identification of the hazardous waste streams produced in
the state.

(3) A recommendation for a baseline of statewide hazardous
waste disposal and a baseline for hazardous waste generation in
the state from which the identified reductions are to be measured.

(4) An evaluation of hazardous waste generated and disposed
of in California and an evaluation of the feasibility of implementing
waste reduction options.

(5) A list of those waste reduction measures that have been
determined to be technically feasible, an assessment of the potential
for the amount of waste reduction that might be achieved if
implemented, and an evaluation of factors that could influence the
achievement of those reductions.

(6) Identification of statutory and regulatory changes to
permitting of hazardous waste facilities that would reduce the
health and environmental burden on communities adjacent to
hazardous waste landfills.

(7) A target for the reduction of hazardous waste generation
and disposal by 2025 and a set of recommendations for achieving
those reductions.

(8) An implementation schedule for carrying out the
recommendations. The schedule shall include the following:

(A) Any changes in departmental policies or procedures that do
not require statutory or regulatory changes to implement, and a
proposed timetable for their adoption. The schedule shall project
the adoption of departmental policies or procedures no later than
January 1, 2017.

(B) Any regulations within the department’s statutory authority
that would need to be adopted in order to carry out the
recommendations in the plan, and a proposed timetable for their
adoption.

(C) Any statutory changes that would need to be enacted in
order to carry out the recommendations in the plan.

(d) The plan shall avoid proposals that would do either of the
following:

(1) Weaken the health and environmental protections to
surrounding communities from the remediation of sites
contaminated by hazardous substances or lead to reduced cleanups
of contaminated sites.

(2) Attempt to accomplish hazardous waste disposal reductions
through shipping the waste out of state.

(3) Rely on strategies that produce disproportionate impacts on
low-income communities and communities of color.

(e) The department shall release and post on the department’s
Internet Web site a draft of the hazardous waste reduction plan for
public review and comment. The comment period shall be no less
than 60 days, and the department shall hold at least one public
hearing that includes the advisory committee on the draft plan
during the public comment period.

(f) The requirement for submitting a report imposed under
paragraph (1) of subdivision (c) is inoperative on January 1, 2020,
pursuant to Section 10231.5 of the Government Code.

(g) Notwithstanding Section 10321.5 of the Government Code,
on or before January 1, 2017, and every two years thereafter, the
department shall report to the Legislature, in compliance with
Section 9795 of the Government Code, on its progress toward
achieving the reduction goals in the state hazardous waste reduction
plan. The report shall include all of the efforts the department has
made to achieve these goals, as well as identify those
recommendations in the plan that were not implemented, and an
explanation as to why the recommendations were not implemented.
If the goals are not on track to be met, the report shall also include
recommendations for additional steps that would be necessary to
meet the reduction goals specified in the plan.

SEC. 6.  

Section 25135.11 is added to the Health and Safety
Code, to read:

25135.11.  

(a) The Hazardous Waste Reduction Advisory
Committee is hereby created. The advisory committee shall consist
of seven members, as follows:

(1) Two members appointed by the Speaker of the Assembly.

(2) Two members appointed by the Senate Committee on Rules.

(3) One member appointed by the Governor.

(4) One member appointed by the Secretary of the California
Environmental Protection Agency.

(5) One member appointed by the President of the University
of California.

(b) The members shall include:

(1) At least one representative from an environmental justice
organization that works in one of the communities listed pursuant
to Section 71117.5 of the Public Resources Code.

(2) One representative from an environmental justice
organization, a public health organization, or an academic school
of public health that works in one of the communities listed
pursuant to Section 71117.5 of the Public Resources Code.

(3) Two academic experts in hazardous waste reduction.

(4) One representative of an organized labor group that works
in hazardous waste facilities.

(5) One academic expert in public health and environmental
hazards posed by toxic substances.

(6) One expert in regulation and enforcement related to
hazardous waste law.

(7) The director or designated appointee from the director’s
executive team serving as an ex officio member.

(c) Beginning March 1, 2014, the advisory committee shall meet
at least three times each year to solicit public input with the goal
of assisting the department in its preparation of a state hazardous
waste reduction plan pursuant to Section 25135.10. In advising
the department, the advisory committee, at a minimum, shall do
both of the following:

(1) Recommend statutory, regulatory, policy, and permitting
changes that would reduce the generation and the quantity of
hazardous waste in the state, encourage the use of nonhazardous
alternatives, and fulfill all the goals and requirements of the plan
developed pursuant to Section 25135.10.

(2) Recommend regulatory steps for enhancing enforcement of
toxic laws and regulations to create significant disincentives for
contaminating soil, buildings, and other environmental media with
hazardous materials that are used and stored.

(d) The department shall assist and support the advisory
committee in holding public meetings to discuss the hazardous
waste reduction plan, including soliciting input on ways to reduce
the generation and disposal of hazardous waste, and participation
at each meeting of the advisory committee by the appropriate
member of the director’s executive team for each of the agenda
items to be discussed at the meeting.

SEC. 7.  

Section 25196.1 is added to the Health and Safety
Code, to read:

25196.1.  

(a) Notwithstanding any provision of this article
establishing the maximum amount of administrative, civil, or
criminal fines or penalties, for a violation that occurs in a facility
located in a community listed pursuant to Section 71117.5 of the
Public Resources Code and that results in an increased level of
emissions or discharges that exceeds a level permitted by this
chapter, the department, unified program agency, or the court shall
double the maximum amount of fines or penalties assessed for the
violation.

(b) Fifty percent of the fines or penalties collected pursuant to
this section that are deposited into the Toxic Substances Control
Account pursuant to Section 25192 shall be expended, upon
appropriation by the Legislature, by the department for
environmentally beneficial projects, as defined in Section 71116.1
of the Public Resources Code, authorized pursuant to Section
25173.6 that are located within a community listed pursuant to
Section 71117.5 of the Public Resources Code.

SEC. 8.  

Section 42410.1 is added to the Health and Safety
Code, to read:

42410.1.  

(a) Notwithstanding any other provision of this article
establishing the maximum amount of administrative, civil, or
criminal fines or penalties, for a violation that occurs in a facility
located in a community listed pursuant to Section 71117.5 of the
Public Resources Code and that results in an increased level of
emission or discharges that exceeds the level permitted pursuant
to this division, the state board, district, or the court shall double
the maximum amount of fines or penalties assessed for the
violation.

(b) Fifty percent of the fines or penalties collected pursuant to
this section shall be deposited into the Green Zone Trust Fund
established pursuant to Section 71116.1 of the Public Resources
Code.

SEC. 9.  

Section 45024.1 is added to the Public Resources Code,
to read:

45024.1.  

(a) Notwithstanding any provision of this article
establishing the maximum amount of a civil fine or penalty for a
violation occurring in a facility located in a community listed
pursuant to Section 71117.5 that results in an increased level of
emissions or discharges that exceeds the level permitted by this
division, the department, local enforcement agency, or the court
shall double the maximum amount of the fines or penalties assessed
for the violation.

(b) Fifty percent of the fines or penalties collected pursuant to
this section shall be deposited into the Green Zone Trust Fund
established pursuant to Section 71116.1.

SEC. 10.  

Section 45025.1 is added to the Public Resources
Code, to read:

45025.1.  

(a) Notwithstanding paragraph (1) of subdivision (a)
of Section 45025, for a violation occurring in a facility located in
a community listed pursuant to Section 71117.5 that results in an
increased level of emissions or discharges that exceeds the level
permitted by this division, the court shall double the maximum
amount of criminal fines or penalties assessed for the violation.

(b) Fifty percent of the fines or penalties collected pursuant to
this section shall be deposited into the Green Zone Trust Fund
established pursuant to Section 71116.1.

SEC. 11.  

Section 71116 of the Public Resources Code is
amended to read:

71116.  

(a) The Environmental Justice Small Grant Program
is hereby established under the jurisdiction of the California
Environmental Protection Agency. The California Environmental
Protection Agency shall adopt regulations for the implementation
of this section. These regulations shall include, but need not be
limited to, all of the following:

(1) Specific criteria and procedures for the implementation of
the program.

(2) A requirement that each grant recipient submit a written
report to the agency documenting its expenditures of the grant
funds and the results of the funded project.

(3) Provisions promoting the equitable distribution of grant
funds in a variety of areas throughout the state, with the goal of
making grants available to organizations that will attempt to
address environmental justice issues.

(b) The purpose of the program is to provide grants to eligible
community groups, including, but not limited to, community-based,
grassroots nonprofit organizations that are located in areas
adversely affected by environmental pollution and hazards and
that are involved in work to address environmental justice issues.

(c) (1) Both of the following are eligible to receive moneys
from the fund.

(A) A nonprofit entity.

(B) A federally recognized tribal government.

(2) For the purposes of this section, “nonprofit entity” means
any corporation, trust, association, cooperative, or other
organization that meets all of the following criteria:

(A) Is operated primarily for scientific, educational, service,
charitable, or other similar purposes in the public interest.

(B) Is not organized primarily for profit.

(C) Uses its net proceeds to maintain, improve, or expand, or
any combination thereof, its operations.

(D) Is a tax-exempt organization under Section 501(c)(3) of the
federal Internal Revenue Code, or is able to provide evidence to
the agency that the state recognizes the organization as a nonprofit
entity.

(3) For the purposes of this section, “nonprofit entity”
specifically excludes an organization that is a tax-exempt
organization under Section 501(c)(4) of the federal Internal
Revenue Code.

(d) Individuals may not receive grant moneys from the fund.

(e) Grant recipients shall use the grant award to fund only the
project described in the recipient’s application. Recipients shall
not use the grant funding to shift moneys from existing or proposed
projects to activities for which grant funding is prohibited under
subdivision (g).

(f) Grants shall be awarded on a competitive basis for projects
that are based in communities with the most significant exposure
to pollution. Grants shall be limited to any of the following
purposes and no other:

(1) Resolve environmental problems through distribution of
information.

(2) Identify improvements in communication and coordination
among agencies and stakeholders in order to address the most
significant exposure to pollution.

(3) Expand the understanding of a community about the
environmental issues that affect their community.

(4) Develop guidance on the relative significance of various
environmental risks.

(5) Promote community involvement in the decisionmaking
process that affects the environment of the community.

(6) Present environmental data for the purposes of enhancing
community understanding of environmental information systems
and environmental information.

(g) (1) The agency shall not award grants for, and grant funding
shall not be used for, any of the following:

(A) Other state grant programs.

(B) Lobbying or advocacy activities relating to any federal,
state, regional, or local legislative, quasi-legislative, adjudicatory,
or quasi-judicial proceeding involving development or adoption
of statutes, guidelines, rules, regulations, plans or any other
governmental proposal, or involving decisions concerning siting,
permitting, licensing, or any other governmental action.

(C) Litigation, administrative challenges, enforcement action,
or any type of adjudicatory proceeding.

(D) Funding of a lawsuit against any governmental entity.

(E) Funding of a lawsuit against a business or a project owned
by a business.

(F) Matching state or federal funding.

(G) Performance of any technical assessment for purposes of
opposing or contradicting a technical assessment prepared by a
public agency.

(2) An organization’s use of funds from a grant awarded under
this section to educate a community regarding an environmental
justice issue or a governmental process does not preclude that
organization from subsequent lobbying or advocacy concerning
that same issue or governmental process, as long as the lobbying
or advocacy is not funded by a grant awarded under this section.

(h) The agency shall review, evaluate, and select grant recipients,
and screen grant applications to ensure that they meet the
requirements of this section.

(i) The maximum amount of a grant provided pursuant to this
section may not exceed fifty thousand dollars ($50,000).

(j) For the purposes of this section, “environmental justice” has
the same meaning as defined in Section 65040.12 of the
Government Code.

(k) This section shall be implemented only during fiscal years
for which an appropriation is provided for the purposes of this
section in the annual Budget Act or in another statute.

SEC. 12.  

Section 71116.1 is added to the Public Resources
Code, to read:

71116.1.  

(a) The Green Zone Trust Fund is hereby established
in the State Treasury and, upon appropriation by the Legislature,
shall be expended by the California Environmental Protection
Agency for the purposes to support projects that are
environmentally beneficial to environmental justice communities.

(b) On or before January 1, 2015, the California Environmental
Protection Agency shall adopt guidelines for the implementation
of this section on or before January 1, 2015. The guidelines shall
do all of the following:

(1) Establish criteria and procedures for designating Green Zone
Environmental Projects.

(2) Establish procedures for the disbursement of funds on an
annual basis from the Green Zone Trust Fund for Green Zone
Environmental Projects.

(3) Preferentially disburse funds derived from penalties for a
violation occurring in an environmental justice community, or
within two miles of an environmental justice community, for Green
Zone Environmental Projects that are in geographic proximity with
the environmental justice community for which the penalties are
collected.

(4) Allow a public entity, local government, or nonprofit
organization to submit applications for projects for inclusion as a
Green Zone Environmental Project, if the projects meet the criteria
established pursuant to paragraph (1).

(c) In establishing the guidelines, the California Environmental
Protection Agency shall solicit and consider comments from the
public, including releasing draft project criteria, implementing a
public comment period, and hosting a public workshop.

(d) The adoption of guidelines pursuant to this section is exempt
from the rulemaking provisions of the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code).

(e) On or before January 1, 2015, and annually thereafter, the
California Environmental Protection Agency shall solicit and
release a list of Green Zone Environmental Projects after a public
process. The public process shall include all of the following:

(1) A public request for proposals that is posted on the agency’s
Internet Web site and distributed via electronic mail. All proposals
shall meet the criteria established in the Green Zone Trust Fund
guidelines.

(2) A public list of Green Zone Environmental Projects online
that is updated on an annual basis.

(f) For the purposes of this section, the following definitions
shall apply:

(1) “Environmentally beneficial” means a project with a primary
purpose to improve, protect, or reduce risks to public health or the
environment.

(2) “Environmental Justice community” means a community
listed pursuant to Section 71117.5.

(3) “Green Zone Environmental Project” means an
environmentally beneficial project occurring within an
environmental justice community.

SEC. 13.  

Section 71117.5 is added to the Public Resources
Code, to read:

71117.5.  

(a) For the purposes of this section,
“disproportionately impacted by environmental hazards” means
public health or environmental effects from the emissions or
discharge of substances in a geographic area, including
environmental pollution for all sources whether in a single medium
or in multiple media, routinely, accidentally, or otherwise released
into the environment, taking into account sensitive populations
and socioeconomic factors, where applicable and to the extent data
is available.

(b) (1) On or before January 1, 2015, the California
Environmental Protection Agency shall establish a list identifying
the top 15 percent of communities in the state, based on census
tracts, that are disproportionately impacted by environmental
hazards. The communities shall be selected based on the criteria
specified in Section 39711 of the Health and Safety Code.

(2) The California Environmental Protection Agency shall
review and revise the list of communities on a triennial basis and
shall make the list publicly available on the agency’s Internet Web
site.

(3) In establishing or revising the list of communities, the
California Environmental Protection Agency shall solicit and
consider comments from the public and conduct a public hearing.

(c) The establishment of the list pursuant to subdivision (b) is
exempt from the rulemaking provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code).

end delete

begin delete SEC. 14. end delete
begin insert SEC. 3. end insert   

Section 71119 is added to the Public Resources Code,
to read:

71119.  

(a)  begin delete (1) end delete begin delete   end delete begin delete The end delete begin insert To the extent that information is normally
available to the public pursuant to the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code), the end insert California Environmental
Protection Agency shall maintain an agencywide public database
on its Internet Web site begin delete of complaints and enforcement cases for
each board, department, and office of the agency, to the extent the
information on the database would normally be available pursuant
to the Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code), and
compliance histories of its regulated entities that have committed
violations focusing on the date of last inspection, total number of
violations, total amount of fines, and information related to how
the entities rectified the violation. end delete begin insert containing all of the following
information: end insert

begin delete

(2) Information on the compliance

end delete begin insert

(1) Permits issued by each board, department, and office of the
California Environmental Protection Agency.

end insert begin insert

(2) Enforcement actions initiated by each board, department,
and office of the California Environmental Protection Agency.

end insert

begin insert (3) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert begin insert Compliance end insert histories of begin delete regulated end delete entities begin delete required
pursuant to paragraph (1) shall not include information prior to
2008. end delete begin insert regulated by each board, department, and office of the
California Environmental Protection Agency. end insert

begin insert

(B) The compliance history of each regulated entity shall specify
the date of last inspection, the total number of violations, if any,
the total amount of fines and penalties assessed, if any, and whether
the violations, if any, have been corrected. Information required
pursuant to this subparagraph shall include information subsequent
to 2008.

end insert begin insert

(C) To the extent possible, the agency shall include links to
inspection reports, draft orders, and enforcement actions taken
by other agencies.

end insert

(b) The public database shall begin delete be interactive and end delete utilize a
geographic information system platform that begin delete allows the public to
file an environmental complaint with the California Environmental
Protection Agency. end delete begin insert is searchable on the basis of location, category
of information, regulatory agency, and facility end insert begin insert . end insert

(c) On or before January 1, begin delete 2017, end delete begin insert 2018, end insert the California
Environmental Protection Agency shall post the public database
on its Internet Web site.

begin insert

(d) (1) On or before January 1, 2016, and on or before January
1, 2017, the California Environmental Protection Agency shall
provide to the Legislature an annual report on the progress and
the status of the database, in the manner provided in Section 9795
of the Government Code.

end insert begin insert

(2) Pursuant to Section 10231.5 of the Government Code, this
subdivision shall become inoperative on January 1, 2020.

end insert

begin delete

SEC. 15.  

Section 71119.5 is added to the Public Resources
Code, to read:

71119.5.  

(a) Subject to applicable legal requirements, in
awarding grants or funding, a state agency administering a funding
program shall give priority to projects located in environmental
justice communities.

(b) A state agency subject to this section shall provide
information on the methods for compliance with this section in
any solicitation issued by that state agency for grants or funding
and shall provide public notice that demonstrates compliance with
this section when awarding those grants or funding.

(c) For the purpose of this section, “environmental justice
community” means a community listed pursuant to Section
71117.5.

(d) For the purposes of the section, “state agency” means the
following:

(1) A board, department, or office of the California
Environmental Protection Agency.

(2) An agency, commission, department, and other subdivisions
of the Natural Resources Agency.

(3) The Strategic Growth Council.

SEC. 16.  

The sum of eight hundred thousand dollars ($800,000)
is hereby appropriated from the Hazardous Waste Control Account
to the Department of Toxic Substances Control for the purposes
of revising the state hazardous waste management plant pursuant
to Section 25135.10 of the Health and Safety Code.

end delete

begin delete SEC. 17. end delete
begin insert SEC. 4. end insert   

The provisions of this act are severable. If any
provision of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.

begin delete

SEC. 18.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.

end delete

begin insert

begin insert SEC. 5. end insert   

end insert begin insert

Section 2.5 of this bill incorporates amendments to
Section 54954.3 of the Government Code proposed by both this
bill and Assembly Bill 194. It shall only become operative if (1)
both bills are enacted and become effective on or before January
1, 2015, (2) each bill amends Section 54954.3 of the Government
Code, and (3) this bill is enacted after Assembly Bill 194, in which
case Section 2 of this bill shall not become operative.

end insert