Legislation

Assembly Bills | Senate Bills | Federal Executive Order

Assembly Bills

AB 1360 (Chapter 664, Statutes 2003)Authored by Assembly Member Darrell Steinberg (D-Sacramento), requires the Office of Environmental Health Hazard Assessment (OEHHA), on behalf of the office of the Secretary for Environmental Protection, beginning on July 1, 2004, and, to the extent that funds are appropriated by the Legislature, to develop and maintain a system of environmental indicators that meets specified objectives including providing policymakers and the public with (1) an improved understanding of the condition of the state's environment and the effects of the release of contaminants on public health and the environment; and (2) information to evaluate the effectiveness of the agency's programs in improving environmental quality and protecting public health throughout the state, including environmental quality and public health in low-income communities and communities of color. The bill explicitly defines the term "environmental indicator." The bill also requires the Secretary of the Cal/EPA to (1) periodically assess the ability of the environmental indicators system to meet each of those objectives and the ability of the system to support the development and implementation of the agencywide environmental justice strategy; and (2) submit a report on those environmental indicators to the Governor and the Legislature on or before January 1, 2006, and by January 1 every two years thereafter.

AB 1390 (Chapter 763, Statutes of 2001)
Authored by Assembly Member Marco Firebaugh (D-East Los Angeles) extends until January 1, 2001, the policy enacted in the 2001-02 State Budget that directs air districts to target at least 50 percent of the $48 million General Fund appropriated to three diesel emission reduction programs to environmental justice communities. It exempts small air districts from this requirement. It also makes federal agencies eligible to receive grants to purchase Zero Emission Vehicles that would be located in low income and minority communities.

AB 1497  (Chaptered 823, Statutes 2003)
Authored by Assembly Member Cindy Montañez (D-San Fernando Valley), requires an enforcement agency to submit its proposed determination regarding whether a change to the solid waste facility will be approved to the California Integrated Waste Management Board (Board) for comment, and to hold at least one public hearing on the proposed determination, in accordance with specified notice requirements including the consideration of environmental justice issues when preparing and distributing the notice to ensure that the notice is concise and understandable for limited-English-speaking populations. In addition, while formulating and adopting regulations pursuant to paragraph (1) of Public Resources Code section 44004, subdivision (i), the Board shall consider recommendations of the Working Group on Environmental Justice and the advisory group made pursuant to Public Resources Code sections 71113 and 71114 and the report required pursuant to Public Resources Code section 71115.

AB 1553 (Chapter 762, Statutes of 2001)
Authored by Assembly Member Fred Keeley (D-Boulder Creek) requires the Office of Planning and Research (OPR) to adopt guidelines for local agencies when addressing environmental justice issues in its general plans. OPR would be required to adopt the guidelines by July 1, 2003.

AB 2312 (Chapter 994, Statutes 2002)
Authored by Assembly member Judy Chu (D-Monterey Park), establishes an Environmental Justice Small Grant Program administered by Cal/EPA. It will provide grants of up to $20,000 to local community nonprofit organizations for projects that address environmental justice issues.

Senate Bills

SB 32 (Chapter 764, Statutes of 2001)
Authored by Senator Martha Escutia (D-Whittier) authorizes local governments to investigate and cleanup small parcels of property contaminated with hazardous waste. The bill also requires the California Environmental Protection Agency to conduct scientific peer review of screening values. Screening values are advisory numbers that estimate what cleanup efforts are needed for developing a property. SB 32 also requires the development of a guidance document to assist communities, developers, and local governments in understanding the complicated factors and procedures used for cleaning up hazardous waste.

SB 89 (Chapter 728, Statutes of 2000)
Authored by Senate Member Martha Escutia (D-Montebello) requires the Secretary for Environmental Protection to convene a Working Group on Environmental Justice. This Working Group would assist Cal/EPA in developing an agency-wide strategy to identify and address any gaps in existing programs, policies or activities that could impede the achievement of environmental justice. The bill also requires the Secretary to convene an Advisory Group on Environmental Justice to provide information and recommendations to the Working Group.

SB 115 (Chapter 690, Statutes of 1999)
Authored by Senate Member Hilda Solis (D-El Monte) defines “environmental justice” in Statute. The Governor’s Office of Planning and Research is the coordinating agency with the California Environmental Protection Agency for environmental justice programs. The bill also requires Cal/EPA to develop a model environmental justice mission statement for its boards, departments, and offices by January 1, 2001.

SB 828 (Chapter 765, Statutes of 2001)
Authored by Senator Richard Alarcón (D-Sun Valley) adds due dates for developing an interagency environmental justice strategy affecting boards, departments and offices (BDOs) within the California Environmental Protection Agency. Subsequently, the bill will require each of the Cal/EPA boards, departments, and offices, by December 31, 2003, to review, identify, and address program obstacles impeding environmental justice.

SB 1542 (Chapter 1003, Statutes 2002)
Authored by Senate Member Martha Escutia (D-Whittier), requires the CA Integrated Waste Management Board to provide environmental justice models and information to local jurisdictions (and private businesses) to assist with their consideration of environmental justice concerns when amending a Countywide Siting Element that is submitted to the Board on or after January 1, 2003. The models and information must be provided by April 1, 2003. For Countywide Siting Elements submitted (or revised) after January 1, 2003, local jurisdictions are required to describe actions taken to solicit public participation by members of the affected communities, including minority and low-income populations. Also expands Cal/EPA’s Advisory Committee on Environmental Justice from a (13) member committee to a (17) seventeen member committee including representatives from a federally recognized tribe (1), environmental justice organizations (2), and a small business (1).

Federal Executive Order

Federal Executive Order 12898
Concern that minority populations and/or low-income populations bear a disproportionate amount of adverse health and environmental effects, led to the issuance of  Federal Executive Order 12898 in 1994. Current US EPA Administrator, Christine Whitman, has reaffirmed US EPA’s commitment to environmental justice and its integration into all programs, policies, and activities consistent with existing environmental laws and their regulations.