BILL ANALYSIS
SB 1408
Page 1
Date of Hearing: June 19, 2000
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Howard Wayne, Chair
SB 1408 (Alarcon) - As Amended: May 2, 2000
SENATE VOTE : 23-15
SUBJECT : Environmental Justice Technical Assistance Grant
Demonstration Project.
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)Creates the Environmental Justice Technical Assistance Grant
Demonstration Program within OPR that would allocate grants of
up to $25,000 to community-based, non-profit organizations.
Those who receive the grants are required to be in low-income
or minority communities that have a history of being
disproportionately and adversely affected by exposure to
toxics, pollution, or other adverse human or environmental
effects. A similar grant program exists at the federal level.
2)The purpose of the grants program is to provide assistance
with permitting issues that affect these communities, and to
provide funding that will increase the participation of
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community organizations in issues that affect the siting and
clean-up of facilities that affect those communities.
3)The bill applies to CalEPA, and to decisions involving permits
issued by the California Department of Transportation, and in
decisions involving a certification by the State Energy
Resources Conservation and Development Commission.
4)Priority for funding grant applicants is provided in the bill,
and eight factors are listed. These generally involve
including public participation, improving communication
between community groups and agencies, resolving environmental
problems, and funding monitoring and implementation of
mitigation measures.
5)The bill sunsets after three years and requires OPR to submit
an evaluation to the Legislature.
FISCAL EFFECT : Unknown.
COMMENTS :
1) Background
Although not unanimous, the literature on this topic generally
supports the view that low-income and minority communities have
been disproportionately affected by exposure to pollution,
adverse siting decisions, and human health effects caused by the
proximity of polluting facilities to residential neighborhoods.
California is only now beginning to deal with these issues at
the state level.
The author believes that the historic record amply justifies a
grants program that will help alleviate the present and future
adverse environmental and human health consequences that affect
minority and low-income communities.
Opponents have previously argued that the bill is premature
because existing legislation has not been fully implemented.
Some opponents disagree with the premise that adverse human
health and environmental consequences disproportionately affect
low income and minority neighborhoods.
The author believes it is important to include the California
Department of Transportation in the bill in order to expand
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opportunities for affected communities to provide input into
transportation options that will enhance their communities and
their transportation options. Too often, according to the
author, transportation agencies have sometimes adversely
affected minority and low-income neighborhoods by designing
transportation corridors (principally freeways) that do not
provide benefits to those communities. In fact, those corridors
may in fact damage those affected communities.
For similar reasons, the author believes it is important to
include the State Energy Resources Conservation and Development
Commission in the bill. The author stated that there are 42 new
power plants currently pending or anticipated in the next few
years, but community concerns and considerations would not be
taken into account in the siting of those facilities because the
Commission is not part of CalEPA, which is the only agency
affected by existing law (SB 115) on environmental justice. The
Commission instead is a part of the Resources Agency.
Moreover, Title VI of the federal Civil Rights Act of 1964
prohibits recipients of federal financial assistance from
discriminating on the basis of race, color, or national origin
in their programs or activities. To ensure that the Energy
Commission fully complies with this federal mandate, it is
necessary for the siting process to adequately identify and
address environmental justice concerns.
2)Suggested Committee Amendment
The Committee may want to consider amending the bill on page 3,
line 28, to reference the definition of environmental justice in
existing law. That can be accomplished by simply adding to the
end of line 28 the phrase "as referenced in Government Code
Section 65040.12(c)."
REGISTERED SUPPORT / OPPOSITION :
Support
American Lung Association of California
California League of Conservation Voters
California Public Interest Research Group
Communities for a Better Environment
National Organization for Women
Sierra Club California
SB 1408
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Opposition
Printing Industries of California
Western States Petroleum Association
Analysis Prepared by : William Craven / NAT. RES. / (916)
319-2092