Part 3ENVIRONMENTAL JUSTICE

Section § 71110

Explanation

The California Environmental Protection Agency (CalEPA) must ensure that its programs and policies treat all people fairly, especially those from different races, cultures, and income levels, including minority and low-income groups. This includes fair enforcement of health and environmental laws, promoting public involvement in creating and implementing these policies, and enhancing research on the impacts on these communities.

Additionally, CalEPA is required to work with the U.S. Environmental Protection Agency, understand resource consumption differences among socioeconomic groups, and collaborate with the Working Group on Environmental Justice to develop strategies that meet these objectives.

The California Environmental Protection Agency, in designing its mission for programs, policies, and standards, shall do all of the following:
(a)CA Public Resources Code § 71110(a) Conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the state.
(b)CA Public Resources Code § 71110(b) Promote enforcement of all health and environmental statutes within its jurisdiction in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations in the state.
(c)CA Public Resources Code § 71110(c) Ensure greater public participation in the agency’s development, adoption, and implementation of environmental regulations and policies.
(d)CA Public Resources Code § 71110(d) Improve research and data collection for programs within the agency relating to the health of, and environment of, people of all races, cultures, and income levels, including minority populations and low-income populations of the state.
(e)CA Public Resources Code § 71110(e) Coordinate its efforts and share information with the United States Environmental Protection Agency.
(f)CA Public Resources Code § 71110(f) Identify differential patterns of consumption of natural resources among people of different socioeconomic classifications for programs within the agency.
(g)CA Public Resources Code § 71110(g) Consult with and review any information received from the Working Group on Environmental Justice established to assist the California Environmental Protection Agency in developing an agencywide strategy pursuant to Section 71113 that meets the requirements of this section.
Environmental Justice Fair Treatment Public Participation Minority Populations Low-Income Communities Health Impact Environmental Regulation Socioeconomic Classification CalEPA Coordination Resource Consumption Patterns Data Collection Community Involvement US EPA Collaboration Health and Environment Environmental Standards
(Added by renumbering Section 72000 by Stats. 2001, Ch. 765, Sec. 3. Effective January 1, 2002.)

Section § 71111

Explanation

By January 1, 2001, the California Environmental Protection Agency had to create a model mission statement focused on environmental justice for its various boards, departments, and offices. 'Environmental justice' is defined according to a specific section of the Government Code.

On or before January 1, 2001, the California Environmental Protection Agency shall develop a model environmental justice mission statement for boards, departments, and offices within the agency. For purposes of this section, environmental justice has the same meaning as defined in subdivision (e) of Section 65040.12 of the Government Code.
California Environmental Protection Agency environmental justice mission statement model mission statement boards and departments agency's offices Section 65040.12 Government Code definition environmental equity justice initiatives agency development deadline environmental policy state agency mission board objectives departmental guidelines
(Amended by Stats. 2002, Ch. 1109, Sec. 9. Effective January 1, 2003.)

Section § 71112

Explanation

This section requires the California Environmental Protection Agency to work closely with the Working Group on Environmental Justice. Their goal is to gather and examine information to help create a model mission statement focused on environmental justice.

In developing the model environmental justice mission statement pursuant to Section 71111, the California Environmental Protection Agency shall consult with, review, and evaluate any information received from the Working Group on Environmental Justice established pursuant to Section 71113.
California Environmental Protection Agency environmental justice mission statement Working Group on Environmental Justice information evaluation collaboration community input model mission statement stakeholder consultation policy development
(Added by renumbering Section 72001.5 by Stats. 2001, Ch. 765, Sec. 5. Effective January 1, 2002.)

Section § 71113

Explanation

This law requires the Secretary for Environmental Protection to create a working group by January 1, 2002, to help the California Environmental Protection Agency (CalEPA) develop a strategy to address environmental justice. The aim is to identify and fix any program or policy gaps that hinder achieving fairness in environmental matters. The group, including various environmental leaders, must examine data, consult with agencies and communities, and propose recommendations by April 1, 2002. This includes creating clear and accessible public documents and holding public meetings for comments on their suggestions.

(a)CA Public Resources Code § 71113(a) On or before January 1, 2002, the Secretary for Environmental Protection shall convene a Working Group on Environmental Justice to assist the California Environmental Protection Agency in developing, on or before July 1, 2002, an agencywide strategy for identifying and addressing any gaps in existing programs, policies, or activities that may impede the achievement of environmental justice.
(b)CA Public Resources Code § 71113(b) The working group shall be composed of the Secretary for Environmental Protection, the Chairs of the State Air Resources Board, the California Integrated Waste Management Board, and the State Water Resources Control Board, the Director of Toxic Substances Control, the Director of Pesticide Regulation, the Director of Environmental Health Hazard Assessment, and the Director of Planning and Research.
(c)CA Public Resources Code § 71113(c) The working group shall do all of the following on or before April 1, 2002:
(1)CA Public Resources Code § 71113(c)(1) Examine existing data and studies on environmental justice, and consult with state, federal, and local agencies and affected communities.
(2)CA Public Resources Code § 71113(c)(2) Recommend criteria to the Secretary for Environmental Protection for identifying and addressing any gaps in existing programs, policies, or activities that may impede the achievement of environmental justice.
(3)CA Public Resources Code § 71113(c)(3) Recommend procedures and provide guidance to the California Environmental Protection Agency for the coordination and implementation of intraagency environmental justice strategies.
(4)CA Public Resources Code § 71113(c)(4) Recommend procedures for collecting, maintaining, analyzing, and coordinating information relating to an environmental justice strategy.
(5)CA Public Resources Code § 71113(c)(5) Recommend procedures to ensure that public documents, notices, and public hearings relating to human health or the environment are concise, understandable, and readily accessible to the public. The recommendation shall include guidance for determining when it is appropriate for the California Environmental Protection Agency to translate crucial public documents, notices, and hearings relating to human health or the environment for limited-English-speaking populations.
(6)CA Public Resources Code § 71113(c)(6) Hold public meetings to receive and respond to public comments regarding recommendations required pursuant to this section, prior to the finalization of the recommendations. The California Environmental Protection Agency shall provide public notice of the availability of draft recommendations at least one month prior to the public meetings.
(7)CA Public Resources Code § 71113(c)(7) Make recommendations on other matters needed to assist the agency in developing an intraagency environmental justice strategy.
environmental justice working group California Environmental Protection Agency strategic development policy gaps environmental fairness public meetings public documents community consultation data examination program coordination policy recommendations limited-English-speaking populations public notices intraagency strategies
(Added by renumbering Section 72002 by Stats. 2001, Ch. 765, Sec. 6. Effective January 1, 2002.)

Section § 71114

Explanation

This section of the law requires the Secretary for Environmental Protection to set up an advisory group before January 1, 2002. This advisory group is meant to support another working group by giving advice and serving as a resource. The Secretary will appoint members to this group from a variety of areas: local planning agencies, air pollution districts, unified program agencies, environmental organizations, businesses (both small and large), community organizations, a federally recognized Indian tribe, and environmental justice organizations. There are specific requirements for business representatives, ensuring inclusion from small and large businesses. Small business is defined separately under a different code section.

The advisory group is allowed to create subcommittees to concentrate on specific environmental programs. The law also ensures that nonprofit organization representatives are compensated for attending meetings.

(a)CA Public Resources Code § 71114(a) The Secretary for Environmental Protection shall, on or before January 1, 2002, convene an advisory group to assist the working group described in Section 71113 by providing recommendations and information to, and serving as a resource for, the working group. The Secretary for Environmental Protection shall appoint members to the advisory group according to the following categories:
(1)CA Public Resources Code § 71114(a)(1) Two representatives of local or regional land use planning agencies.
(2)CA Public Resources Code § 71114(a)(2) Two representatives from air pollution control districts or air quality management districts.
(3)CA Public Resources Code § 71114(a)(3) Two representatives from certified unified program agencies (CUPAs).
(4)CA Public Resources Code § 71114(a)(4) Two representatives from environmental organizations.
(5)CA Public Resources Code § 71114(a)(5) Four representatives from the business community, two from a small business and two from a large business, except that three of these representatives may be from an association that represents small or large businesses, and at least one of the small business representatives shall be from an association that represents small businesses. As used in this paragraph, “small business” has the meaning given that term by subdivision (c) of Section 1028.5 of the Code of Civil Procedure, and a large business is any business other than a small business.
(6)CA Public Resources Code § 71114(a)(6) Two representatives from community organizations.
(7)CA Public Resources Code § 71114(a)(7) One representative from a federally recognized Indian tribe.
(8)CA Public Resources Code § 71114(a)(8) Two representatives from environmental justice organizations.
(b)CA Public Resources Code § 71114(b) The advisory group may form subcommittees to address specific types of environmental program areas. The California Environmental Protection Agency shall provide a reasonable per diem for attendance at advisory committee meetings by advisory committee members from nonprofit organizations.
environmental protection advisory group local land use planning air pollution control unified program agencies environmental organizations small business representation business community community organizations federally recognized Indian tribe environmental justice organizations California Environmental Protection Agency advisory committee subcommittees per diem compensation nonprofit organizations
(Amended by Stats. 2002, Ch. 1003, Sec. 3. Effective January 1, 2003.)

Section § 71114.1

Explanation

This law requires each part of the California Environmental Protection Agency to look at their work and find areas that might hinder environmental justice. They must do this before the end of 2003 and collaborate with specific leaders to fix any issues.

After the California Environmental Protection Agency develops the strategy pursuant to Section 71113 and before December 31, 2003, each board, department, and office within the agency shall, in coordination with the Secretary for Environmental Protection and the Director of the Office of Planning and Research, review its programs, policies, and activities and identify and address any gaps in its existing programs, policies, or activities that may impede the achievement of environmental justice.
environmental justice program review policy gaps California Environmental Protection Agency strategy development environmental protection Office of Planning and Research collaboration gap identification policy improvement activity assessment
(Added by Stats. 2001, Ch. 765, Sec. 8. Effective January 1, 2002.)

Section § 71115

Explanation

This law requires the Secretary for Environmental Protection to create and present a report to the Governor and Legislature by January 1, 2004, and then every three years after that. The report must cover how this specific part of the legal code is being implemented.

The Secretary for Environmental Protection shall, not later than January 1, 2004, and every three years thereafter, prepare and submit to the Governor and the Legislature a report on the implementation of this part.
Secretary for Environmental Protection report submission implementation report Governor Legislature environmental protection reporting requirement three-year cycle state government accountability environmental policies California environmental laws report deadline document submission policy implementation government reporting
(Added by renumbering Section 72004 by Stats. 2001, Ch. 765, Sec. 9. Effective January 1, 2002.)

Section § 71116

Explanation

The Environmental Justice Small Grant Program in California supports organizations working on environmental justice issues. The program, run by the California Environmental Protection Agency, offers grants to community and grassroots nonprofits and federally recognized tribal governments in areas harmed by pollution. Grants, capped at $50,000, help with projects that address pollution exposure, improve community involvement, and enhance environmental understanding but cannot fund lobbying, lawsuits, or assessments against government entities. Nonprofits must be primarily focused on public interest activities and hold 501(c)(3) status. A total of $2 million is available annually, with $500,000 specifically for sea level rise projects in disadvantaged communities.

(a)CA Public Resources Code § 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)CA Public Resources Code § 71116(a)(1) Specific criteria and procedures for the implementation of the program.
(2)CA Public Resources Code § 71116(a)(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)CA Public Resources Code § 71116(a)(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)CA Public Resources Code § 71116(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)Copy CA Public Resources Code § 71116(c)
(1)Copy CA Public Resources Code § 71116(c)(1) Both of the following are eligible to receive moneys from the fund:
(A)CA Public Resources Code § 71116(c)(1)(A) A nonprofit entity.
(B)CA Public Resources Code § 71116(c)(1)(B) A federally recognized tribal government.
(2)CA Public Resources Code § 71116(c)(2) For purposes of this section, “nonprofit entity” means any corporation, trust, association, cooperative, or other organization that meets all of the following criteria:
(A)CA Public Resources Code § 71116(c)(2)(A) Is operated primarily for scientific, educational, service, charitable, or other similar purposes in the public interest.
(B)CA Public Resources Code § 71116(c)(2)(B) Is not organized primarily for profit.
(C)CA Public Resources Code § 71116(c)(2)(C) Uses its net proceeds to maintain, improve, or expand, or any combination thereof, its operations.
(D)CA Public Resources Code § 71116(c)(2)(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)CA Public Resources Code § 71116(c)(3) For 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)CA Public Resources Code § 71116(d) Individuals may not receive grant moneys from the fund.
(e)CA Public Resources Code § 71116(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)CA Public Resources Code § 71116(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)CA Public Resources Code § 71116(f)(1) Resolve environmental problems through distribution of information.
(2)CA Public Resources Code § 71116(f)(2) Identify improvements in communication and coordination among agencies and stakeholders in order to address the most significant exposure to pollution.
(3)CA Public Resources Code § 71116(f)(3) Expand the understanding of a community about the environmental issues that affect their community.
(4)CA Public Resources Code § 71116(f)(4) Develop guidance on the relative significance of various environmental risks.
(5)CA Public Resources Code § 71116(f)(5) Promote community involvement in the decisionmaking process that affects the environment of the community.
(6)CA Public Resources Code § 71116(f)(6) Present environmental data for the purposes of enhancing community understanding of environmental information systems and environmental information.
(g)Copy CA Public Resources Code § 71116(g)
(1)Copy CA Public Resources Code § 71116(g)(1) The agency shall not award grants for, and grant funding shall not be used for, any of the following:
(A)CA Public Resources Code § 71116(g)(1)(A) Other state grant programs.
(B)CA Public Resources Code § 71116(g)(1)(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)CA Public Resources Code § 71116(g)(1)(C) Litigation, administrative challenges, enforcement action, or any type of adjudicatory proceeding.
(D)CA Public Resources Code § 71116(g)(1)(D) Funding of a lawsuit against any governmental entity.
(E)CA Public Resources Code § 71116(g)(1)(E) Funding of a lawsuit against a business or a project owned by a business.
(F)CA Public Resources Code § 71116(g)(1)(F) Matching state or federal funding.
(G)CA Public Resources Code § 71116(g)(1)(G) Performance of any technical assessment for purposes of opposing or contradicting a technical assessment prepared by a public agency.
(2)CA Public Resources Code § 71116(g)(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)CA Public Resources Code § 71116(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)CA Public Resources Code § 71116(i) The maximum amount of a grant provided pursuant to this section may not exceed fifty thousand dollars ($50,000).
(j)CA Public Resources Code § 71116(j) For purposes of this section, “environmental justice” has the same meaning as defined in Section 65040.12 of the Government Code.
(k)Copy CA Public Resources Code § 71116(k)
(1)Copy CA Public Resources Code § 71116(k)(1) The Secretary for Environmental Protection may expend up to two million dollars ($2,000,000) per year for the purposes of this section.
(2)Copy CA Public Resources Code § 71116(k)(2)
(A)Copy CA Public Resources Code § 71116(k)(2)(A) Of the amount described in paragraph (1), up to five hundred thousand dollars ($500,000) shall be expended by the Secretary for Environmental Protection for grants to organizations working to address and mitigate the effects of sea level rise in disadvantaged communities impacted by sea level rise.
(B)CA Public Resources Code § 71116(k)(2)(A)(B) For purposes of this section, “disadvantaged community” shall have the same meaning as defined in Section 71118.
(l)CA Public Resources Code § 71116(l) Board, departments, and offices within the California Environmental Protection Agency may allocate funds from various special funds, settlements, and penalties to implement this program.
Environmental Justice Small Grant Program California Environmental Protection Agency community organizations nonprofit entities pollution exposure grant funding environmental justice issues 501(c)(3) status federally recognized tribal governments disadvantaged communities sea level rise community involvement public interest organizations environmental understanding grant application requirements
(Amended by Stats. 2021, Ch. 236, Sec. 6. (SB 1) Effective January 1, 2022.)

Section § 71118

Explanation

This section outlines how different parts of the California Environmental Protection Agency should handle supplemental environmental projects, especially in disadvantaged communities. These projects are voluntary initiatives that people or entities undertake to help the environment as part of settling enforcement actions. The law mandates that each agency department create a policy to support these projects and outlines specific tasks: they should solicit project ideas from disadvantaged communities, allow projects to offset up to 50% of a civil penalty, maintain annual lists of potential projects, and consider where violations and projects are located. The Secretary for Environmental Protection will combine these projects into a single list available online.

(a)CA Public Resources Code § 71118(a) For purposes of this section, the following terms have the following meanings:
(1)CA Public Resources Code § 71118(a)(1) “Agency” means the California Environmental Protection Agency.
(2)CA Public Resources Code § 71118(a)(2) “Disadvantaged community” means a community identified pursuant to Section 39711 of the Health and Safety Code.
(3)CA Public Resources Code § 71118(a)(3) “Supplemental environmental project” means an environmentally beneficial project that a person subject to an enforcement action voluntarily agrees to undertake in settlement of the action and to offset a portion of a civil penalty.
(b)CA Public Resources Code § 71118(b) Each board, department, and office within the agency that has enforcement authority shall establish a policy on supplemental environmental projects that benefits disadvantaged communities. The policy shall include, but need not be limited to, all of the following:
(1)CA Public Resources Code § 71118(b)(1) A public process to solicit potential supplemental environmental projects from disadvantaged communities.
(2)CA Public Resources Code § 71118(b)(2) Allowing the amount of a supplemental environmental project to be up to 50 percent of the enforcement action brought under the jurisdiction of a board, department, or office within the agency.
(3)CA Public Resources Code § 71118(b)(3) An annual list of supplemental environmental projects that may be selected to settle a portion of an enforcement action under the jurisdiction of a board, department, or office within the agency.
(4)CA Public Resources Code § 71118(b)(4) A consideration of the relationship between the location of the violation and the location of the proposed supplemental environmental project.
(c)CA Public Resources Code § 71118(c) The Secretary for Environmental Protection shall consolidate the projects compiled pursuant to subdivision (b) into one list and post that list on the agency’s Internet Web site.
California Environmental Protection Agency disadvantaged communities supplemental environmental projects enforcement action civil penalty environmental policy public process project solicitation settlement of enforcement annual project list location consideration Secretary for Environmental Protection environmental benefits agency enforcement internet web list
(Added by Stats. 2015, Ch. 585, Sec. 2. (AB 1071) Effective January 1, 2016.)