BILL NUMBER: SB 89 AMENDED
BILL TEXT
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
DECEMBER 7, 1998
An act to amend Section 72001 of, and to add
Sections 72002, 72003 , and 72004 to, the Public
Resources Code, relating to environmental justice.
LEGISLATIVE COUNSEL'S DIGEST
SB 89, as amended, 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, 2001
2002 , to convene a Working Group on Environmental Justice,
composed of various representatives as determined by the
secretary, including representatives of local government, as
prescribed specified . The bill would make the
existing definition of "environmental justice" applicable to its
provisions and 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,
2001 2002 , to convene a
technical 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 72001 of the Public Resources Code is amended
to read:
72001. (a) On or before January 1, 2001, the California
Environmental Protection Agency shall develop a model environmental
justice mission statement for boards, departments, and offices within
the agency.
(b) For purposes of this part, environmental justice has the same
meaning as defined in subdivision (c) of Section 65040.12 of the
Government Code.
SEC. 2.
SECTION 1. Section 72002 is added to the Public Resources
Code, to read:
72002. (a) On or before January 15, 2001
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 various
representatives of groups or entities concerned with achieving
environmental justice, as determined by the Secretary for
Environmental Protection, including representatives of local
governments. 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) On or before January 1, 2002, the working group shall do all
of the following:
(1) Examine existing data and studies on environmental justice.
(2) Recommend criteria to the California Environmental
Protection Agency for 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 , as appropriate, to
receive 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. 3.
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, 2001, convene a technical
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 technical advisory group shall be composed of
representatives from local and regional land use planning agencies,
air pollution control districts, certified unified program agencies
(CUPAs), the public, and the business community. The technical
advisory group may form 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) Two representatives from the business community.
(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. 4.
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.