Bill Text: CA AB1330 | 2013-2014 | Regular Session | Amended
Bill Title: Environmental justice.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-25 - Read second time. Ordered to third reading. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c). [AB1330 Detail]
Download: California-2013-AB1330-Amended.html
BILL NUMBER: AB 1330 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN SENATE SEPTEMBER 6, 2013
AMENDED IN ASSEMBLY APRIL 9, 2013
INTRODUCED BY Assembly Member John A. Pérez
FEBRUARY 22, 2013
An act to amend Sections 12812.2 and 54954.3 of the Government
Code , 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, and to add
Sections 45024.1, 45025.1, 71116.1, 71117.5, 71119, and
71119.5 to, Section 71119 to the Public
Resources Code, relating to environmental justice, and
making an appropriation therefor. justice.
LEGISLATIVE COUNSEL'S DIGEST
AB 1330, as amended, John A. Pérez. Environmental justice.
(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.
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.
(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.
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.
(3)
(1) 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, department
department, office, or other agency that implements a law
or regulation within the jurisdiction of the California Environmental
Protection Agency. Existing law requires the agency to identify
disadvantaged communities for investment opportunities under the
California Global Warming Solutions Act of 2006.
This bill would require the secretary to ensure that the unit give
priority to enforcement actions for a violation occurring in
an environmental justice community. those
disadvantaged communities.
(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.
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.
(5)
(2) 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 , if a local legislative body limits the
time for public comment, prohibit , if a
local legislative body limits the time for public comment, the
body from counting the time used by a translator to translate
comments from a non-English-speaking commenter
non-English speaker 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.
(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.
This bill would raise the grant cap to $50,000.
(7)
(3) This bill would require the California
Environmental Protection Agency to maintain an agencywide public
database of complaints and enforcement cases for
certain information related to entities regulated by each
board, department, and office of the agency.
(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.
(9)
(4) The bill would declare that the provisions of the
bill are severable.
(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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(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.
Vote: majority. Appropriation: yes no
. Fiscal committee: yes. State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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.
SEC. 2. SECTION 1. 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
71117.5 39711 of the Public Resources
Health and Safety 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
Internet Web site, updated no later than December 1 of each
year, the status of the implementation of this section.
SEC. 3. SEC. 2. 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.
SEC. 2.5. 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 before, and 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 speaker, and
the procedure for public comment on agenda items .
(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:
(c)The legislative body of a local agency shall not prohibit
public
(A) 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 or
its officers or employees acting in their official capacity .
(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.
(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.
(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.
(3) This subdivision shall not be construed to confer any
privilege or protection for expression beyond that otherwise provided
by law.
(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.
(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.
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).
SEC. 14. SEC. 3. Section 71119 is
added to the Public Resources Code, to read:
71119. (a) (1) The
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 California Environmental Protection
Agency shall maintain an agencywide public database on its Internet
Web site 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. containing all of the following
information:
(2) Information on the compliance
(1) Permits issued by each board, department, and office of the
California Environmental Protection Agency.
(2) Enforcement actions initiated by each board, department, and
office of the California Environmental Protection Agency.
(3) (A) Compliance
histories of regulated entities
required pursuant to paragraph (1) shall not include information
prior to 2008. regulated by each board, department,
and office of the California Environmental Protection Agency.
(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.
(C) To the extent possible, the agency shall include links to
inspection reports, draft orders, and enforcement actions taken by
other agencies.
(b) The public database shall be interactive and
utilize a geographic information system platform that
allows the public to file an environmental complaint with the
California Environmental Protection Agency. is
searchable on the basis of location, category of information,
regulatory age ncy, and facility .
(c) On or before January 1, 2017, 2018,
the California Environmental Protection Agency shall post the
public database on its Internet Web site.
(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.
(2) Pursuant to Section 10231.5 of the Government Code, this
subdivision shall become inoperative on January 1, 2020.
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.
SEC. 17. SEC. 4. 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.
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.
SEC. 5. 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.
