BILL ANALYSIS
SB 89
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Date of Hearing: June 26, 2000
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Howard Wayne, Chair
SB 89 (Escutia) - As Amended: June 20, 2000
SENATE VOTE : 24-13
SUBJECT : Environmental quality: minority and low-income
populations.
SUMMARY : This bill requires the Secretary of the California
Environmental Protection Agency (CalEPA) to convene a working
group on environmental justice and to convene an advisory
committee to advise the working group. It also requires
periodic reports updating the implementation of environmental
justice laws in California.
EXISTING LAW :
1)Sec. 65040.12 of the Government Code defines environmental
justice in California as 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."
1)The same section establishes that the coordinating agency in
state government for environmental justice programs is the
Office of Planning and Research (OPR). OPR is to consult with
cabinet agencies and other appropriate state and federal
government entities and the public to facilitate the
implementation of environmental justice in California.
1)Sec. 72001 of the Public Resources Code requires CalEPA to
develop a model environmental justice mission statement for
its departments, boards, and offices.
THIS BILL:
1)Establishes a Working Group on environmental justice to work
within CalEPA and that is specifically charged with assisting
the agency in developing the mission statement that is
required by Sec. 72001 of the Public Resources Code.
1)The eight members of the Working Group are the Secretary of
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CalEPA, and all the directors of CalEPA departments or boards.
The only non-CalEPA member is the director of the Office of
Planning and Research, whose agency is by law charged with
serving as the coordinating agency for environmental justice
efforts in California.
1)The Working Group is charged with several responsibilities,
including:
a) Examining existing environmental justice studies and
consulting with state, federal, and local agencies as well
as affected communities;
b) Making recommendations to the Secretary regarding gaps
or deficiencies in existing programs that might hinder
achievement of environmental justice;
c) Identifying common terminology that can be used for
addressing any disproportionately high and adverse human
health or environmental effects;
d) Making recommendations regarding the translation of
documents into other languages and assisting in holding
meaningful public meetings;
e) Conducting public meetings and responding to public
comments;
1)Requires the Secretary to appoint an advisory committee to
assist the Working Group. Its membership will be appointed by
the Secretary with the following groups represented:
a) Two local or regional land use planning agencies;
b) Two air district representatives;
c) Two representatives from certified unified program
agencies (CUPAs);
d) Three representatives of the business community, one
from a small business and two representing large
businesses.
e) Two representatives from community organizations.
1)CalEPA is to provide a reasonable per diem for attendance at
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advisory committee meetings to non-governmental organizational
representatives.
1)The Secretary of CalEPA is to prepare a report on the
implementation of this statute every three years, beginning no
later than January 1, 2006.
FISCAL EFFECT : Unknown.
COMMENTS :
1)Background
The working group that is to be established will be appointed by
the Secretary and will be comprised of representatives of state
agencies with specific technical or programming
responsibilities. The working group is to complete by 2003 a
series of recommendations on implementing environmental justice
procedures and policies into CalEPA's programs. These
recommendations are to involve proposals to collect and
coordinate data about environmental justice, to increase public
participation, and to propose whatever else is necessary to
create an interagency environmental justice strategy.
The technical group that is to be appointed is to represent
local and regional land use planning agencies, air pollution
control districts, certified unified program agencies, the
public, and the business community. The technical committee is
to advise the working group.
The reporting requirement in the bill states that the Secretary,
not later than January 1, 2006, and every three years
thereafter, shall report to the Governor and the Legislature on
the implementation of CalEPA's environmental justice strategy.
1)Effect of Amendments
The general thrust of the amendments reflected in the June 20th
version of the bill is to delete duplicate references to
existing law, to delay the timelines in the bill by one year,
and to synthesize this bill with the environmental justice work
now being undertaken by CalEPA and OPR. Two amendments link SB
89 to the previous environmental justice bill of Senator Solis
(SB 115) from last year and involve the SB 89 working group with
the review being undertaken by CalEPA and the development of a
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CalEPA mission statement on environmental justice.
Other amendments made in the June 20th version of the bill that
are of particular interest require CalEPA to identify the common
terminology the agency will use in addressing the environmental
justice issue, and require the agency to define the membership
of the advisory group. Another amendment requires the agency to
pay a reasonable per diem to advisory committee members who come
from non-governmental organizations. This is an attempt to help
with the public participation of those who are likely unable to
afford to participate otherwise.
REGISTERED SUPPORT / OPPOSITION :
Support
American Lung Association
California Catholic Conference
California League of Conservation Voters
City of Commerce
City of Los Angeles
City of Southgate
East Bay Municipal Utility District
Planning and Conservation League
Sierra Club California
Opposition
Printing Industries of California
Orange County Business Council
Analysis Prepared by : William Craven / NAT. RES. / (916)
319-2092