2001 Legislative Package

AB 1011 (Sher)

Environmental Protection: Executive Reorganization
Sponsor: Cal/EPA

Summary:

This bill will reorganize the primary authorizing statutes for the California Environmental Protection Agency (Cal/EPA) from numerous provisions in the Government and Health & Safety Codes to a new, consolidated location in the Public Resources Code. This bill will also establish new authorities for the Secretary for Environmental Protection to address program deficiencies identified in a recent organizational review, and clarify the standing of the Environmental Policy Council for the purpose of open meeting requirements.

Background:

Cal/EPA was created in 1991 through a Governor’s Reorganization Plan (GRP-1). Its boards, departments, and office (BDOs) were placed within Cal/EPA in order to create a cabinet-level voice for the protection of human health and the environment, and to assure the coordinated deployment of State resources against the most serious environmental risks. Since GRP-1, Cal/EPA’s authorizing statutes have been added to in a piecemeal fashion with provisions located in several different codes.

The Governor’s budget proposal for the 1999/2000 fiscal year directed the Secretary to undertake a review of the programmatic and fiscal issues facing the Agency. Specifically, the Secretary was directed to report on the following: (1) the manner in which environmental programs are delivered; (2) the structure of environmental organizations; and (3) the funding mechanisms that are used to support environmental activities. In addition, Supplemental Language in the Budget directed the Secretary to report the results of the Secretary’s review of the Agency’s structure to the chairs of the fiscal and pertinent policy committees of both houses. Cal/EPA contracted with R&G Associates to assist in the review and their subsequent report, “Organizational and Fiscal Review,” was published on January 10, 2000.

The Environmental Policy Council is comprised of the Secretary and the respective chairpersons and directors of the Agency’s BDOs. The Council was established as part of the consolidated permit program and is vested with assisting the Secretary in coordinating the implementation of cross-cutting environmental programs, among other responsibilities.

Problem:

Existing law relating to the powers and responsibility of Cal/EPA are scattered across several codes. This can lead to confusion and misunderstanding. These various provisions should be reorganized in a central location so that proximity would at least provide ease of cross-reference and greater contextual clarity.

The R&G Report on Cal/EPA’s recent organizational and fiscal review highlighted several programmatic deficiencies that need to be addressed. In particular, the findings of the report identified that Cal/EPA cannot fulfill one of its prime directives, “to assure the coordinated deployment of State resources,” without a clear mandate to establish a policy that all BDOs consider and address cross media environmental issues in their budgeting process. The report also noted that Cal/EPA is not currently maximizing its use of the latest information technology.

Finally, the report warns that there could be an unintended consequence, given the composition of the Environmental Policy Council, that the Secretary could be in violation of the Bagley-Keene Act if he conducts even a routine meeting of the executives of his own BDOs without public notice.

Analysis:

This language would-

• Reorganize the primary authorizing statutes for Cal/EPA from numerous provisions in the Government and Heath & Safety Codes to a new, consolidated location in Division 34 (commencing with Section 71000) of the Public Resources Code. No substantive changes were made to any of these provisions. They have simply been moved and renumbered. Where appropriate, editorial changes have been made to reflect the new context for the sections, and to remove historical startup dates and other obsolete references. These relocated sections cover such diverse topics as scientific peer review, fee accountability, environmental technology, consolidated permits, and the “Environmental Report of the Governor.”
• Require the Secretary to develop and implement a policy to ensure that the budget of the Agency and the respective BDOs consider and address cross media environmental issues. Proposed Section 70600 would clarify the Secretary’s authority and responsibility in this regard. Cal/EPA currently operates in this manner under an informal policy.
• Require the Secretary to develop an Agency information technology and management policy to address the feasibility of using standardized data electronic reporting by all of the Agency’s BDOs. Proposed Section 70605 would simply mandate the adoption of such a policy on or before January 1, 2003. Cal/EPA is currently developing a policy using existing resources.
• Clarify that meetings of the Environmental Policy Council are not subject to the requirements of the Bagley-Keene Open Meetings Act unless the Council is convening to take an action required by statute.

Contact:

Steven Monk
Office of the Secretary, California Environmental Protection Agency
(916) 323-2794

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