BILL ANALYSIS                                                                                                                                                                                                    



                                                                    SB 89
                                                                    Page  1

          SENATE THIRD READING
          SB 89 (Escutia)
          As Amended August 25, 2000
          Majority vote 

           SENATE VOTE  :24-13  
          
           NATURAL RESOURCES   7-1         APPROPRIATIONS      14-6        
           
           ----------------------------------------------------------------- 
          |Ayes:|Wayne, Jackson, Keeley,   |Ayes:|Migden, Alquist, Aroner,  |
          |     |Lowenthal, Machado,       |     |Cedillo, Corbett, Davis,  |
          |     |Migden, Steinberg         |     |Kuehl, Papan, Romero,     |
          |     |                          |     |Shelley, Thomson, Wesson, |
          |     |                          |     |Wiggins, Wright           |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Oller                     |Nays:|Campbell, Ackerman,       |
          |     |                          |     |Ashburn, Brewer,          |
          |     |                          |     |Maldonado, Zettel         |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  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.  Specifically,  this bill:   
           
           1)Establishes a Working Group on environmental justice to work  
            within CalEPA that is specifically charged with assisting the  
            agency in developing the mission statement that is required by  
            Public Resources Code Section 72001. 

          2)The eight members of the working group are the Secretary of  
            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. 

          3)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  







                                                                    SB 89
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               as affected communities;

             b)   Making recommendations to the Secretary regarding gaps  
               or deficiencies in existing programs that might hinder  
               achievement of environmental justice; 

             c)   Making recommendations regarding the translation of  
               documents into other languages and assisting in holding  
               meaningful public meetings; and,

             d)   Conducting public meetings and responding to public  
               comments.

          4)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; and,

             e)   Two representatives from community organizations. 

          5)CalEPA is to provide a reasonable per diem for attendance at  
            advisory committee meetings to non-governmental organizational  
            representatives. 

          6)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. 

           EXISTING LAW  : 

          1)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."  
             (Government Code Section 65040.12)








                                                                    SB 89
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          2)Requires CalEPA to develop a model environmental justice  
            mission statement for its departments, boards, and offices.   
            (Public Resources Code Section 72001)

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee analysis, this bill will cost $150,000 in fiscal year  
          2001-2002. 

           COMMENTS  :  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.


           Analysis Prepared by  :  William Craven / NAT. RES. / (916)  
          319-2092                                               FN:  
          0006530