Bill Text: CA AB2108 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Water policy: environmental justice: disadvantaged and tribal communities.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2022-09-16 - Chaptered by Secretary of State - Chapter 347, Statutes of 2022. [AB2108 Detail]
Download: California-2021-AB2108-Amended.html
environmental justice disadvantaged or tribal communities. One member shall not be required to have specialized experience.
Bill Title: Water policy: environmental justice: disadvantaged and tribal communities.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2022-09-16 - Chaptered by Secretary of State - Chapter 347, Statutes of 2022. [AB2108 Detail]
Download: California-2021-AB2108-Amended.html
|
Amended
IN
Assembly
March 15, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2108
| Introduced by Assembly Members Robert Rivas and Cristina Garcia (Coauthors: Assembly Members Eduardo Garcia and Ramos) |
February 14, 2022 |
An act to amend Sections 175 and 13201 of, and to add Sections 13001.5 and 13149.2 to, the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 2108, as amended, Robert Rivas.
Water policy: environmental justice justice: disadvantaged and tribal community representation.
Existing law establishes the State Water Resources Control Board (state board) in the California Environmental Protection Agency. The state board consists of 5 members appointed by the Governor, including one member who is not required to have specialized experience. Existing law requires one of those members, excluding the member who is not required to have specialized experience, to additionally be qualified in the field of water supply and water quality relating to irrigated agriculture.
Existing law also establishes 9 California regional water quality control boards. Each regional board consists of 7 members appointed by the Governor, of whom 6 are appointed on the basis of demonstrated interest or proven ability in the field of water quality and one as a public member not specifically associated with any enumerated qualification.
This bill would require that one of the persons appointed by the Governor to the state board be qualified in the field of water supply and water quality relating to environmental justice disadvantaged or tribal communities. The bill would also require that at least one person appointed to each regional board have specialized experience to represent environmental justice disadvantaged or tribal communities.
Existing law requires the state board to formulate and adopt state policy for water quality control. Existing law requires the regional board to
prescribe requirements as to the nature of any proposed discharge, existing discharge, or material change in an existing discharge, except discharges into a community sewer system, with relation to the conditions existing in the disposal area or receiving waters upon, or into which, the discharge is made or proposed. Existing law also authorizes the state board or a regional board to waive these requirements as to a specific discharge or type of discharge if the state board or a regional board determines, after any necessary state board or regional board meeting, that the waiver is consistent with any applicable state or regional water quality control plan and is in the public interest.
This bill would require the state board and each regional board to begin addressing issues of environmental justice and social equity as early as possible in project planning processes. The bill would require the state board and each regional board to include an analysis of
environmental justice impacts or racial equity concerns when issuing statewide, regional, or otherwise significant waste discharge requirements or waivers, or a national pollution discharge elimination system permit, and would require, to the extent appropriated funds are available, the state board to fund 2 separate environmental justice and tribal community coordinator positions for specified purposes. The bill would require the state board to establish an Environmental Justice and Tribal Community Hardship Stipend program, as specified. The bill would also set forth related findings and declarations.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) Environmental justice Disadvantaged communities are disproportionally impacted by water quality pollution. The California Communities Environmental Health Screening, also known as CalEnviroScreen, mapping tool identifies communities that are disproportionately impacted by a combination of environmental stressors and socioeconomic disadvantages. The tool’s
state’s 2021 update reveals that the top 10 percent of least polluted neighborhoods are 67 percent White, and the top 10 percent of most polluted neighborhoods are 90 percent Black, Indigenous, and people of color. Contaminated drinking water sources disproportionately burden low-income and Black, Indigenous, and people of color communities throughout California, further exacerbating persistent inequities, which can be seen in data collected by the Human Right to Water Framework and Data Tool 1.0. human right to water framework.
(b) The 2021 Pollution and Prejudice story map from the California Environmental Protection Agency (CalEPA) demonstrates
that historically redlined neighborhoods are generally associated with worse environmental conditions and greater population vulnerability to the effects of pollution today. People of color are overrepresented in the neighborhoods that are the most environmentally degraded and are still experiencing severe racial wealth gaps caused by redlining and other land-use practices designed to oppress them. Many of these communities lack access to parks, open spaces, greenways, and green infrastructure to provide, for example, natural flood protection, water treatment, and groundwater recharge and replenishment.
(c) In 2021, the State Water Resources Control Board released the 2021 Drinking Water Needs Assessment, which identifies approximately 345 water systems that fail to meet the goals of the human right to water. In addition, the needs assessment
identified 617 at-risk public water systems, 611 at-risk state small water systems, and 80,000 at-risk domestic wells. It also identified 13 federally regulated tribal water systems that failed to meet the goals of the human right to water and 22 at-risk tribal water systems.
(d) Historically, the boards’ programs were established over a structural framework that perpetuated inequities based on race. These inequities persist and the boards need to specifically address the role racism has played in creating inequities in affordability and access to clean and safe water and in the allocation and protection of water resources.
(e) In California, race predicts a person’s access to government services and the quality and affordability of the services they receive. This
includes the availability of safe drinking water and the collection, treatment, and reuse of wastewater. In fact, race is the strongest predictor of water and sanitation access.
(f) On a community scale, race is strongly correlated with more severe pollution burdens. However, until recently, few of the water boards’ policies, programs, or plans expressly considered or addressed racial inequities. As a government agency, the State Water Resources Control Board recognizes the need to acknowledge racial inequity and to take action to address racial inequity within the agency and as part of the programs the regional water quality control boards carry out for the communities served.
(g) Over the last decade, the regional water quality control boards have increasingly emphasized actions to
address environmental injustices, including: (1) creating the Safe and Affordable Funding for Equity and Resilience (SAFER) Program, a comprehensive approach to implementing the state’s commitment to the human right to water by ensuring the estimated 1,000,000 Californians being served contaminated water have solutions for safe, affordable drinking water; (2) improving engagement with California Native American tribes and recognizing and protecting tribal beneficial uses; (3) developing a comprehensive response to climate change, including addressing disproportionate impacts on vulnerable communities; and (4) administering funding for projects that remediate the harm—or threat of harm—to human health, safety, and the environment caused by existing or threatened surface water and groundwater contamination.
(h) The regional water quality
control boards recognize the need to further address environmental injustice and racial inequity. To better represent and serve California’s communities, the regional water quality control boards need to address the connection between protecting and managing water resources and systemic and institutional racism while fostering greater workforce diversity, equity, and inclusion within the agency.
(i) The state is committed to the protection of public health and beneficial uses of waterbodies in all communities, particularly in Black, Indigenous, and people of color communities disproportionately burdened by environmental pollution through cleanup of contaminated soil, soil vapor, and groundwater; control of wastes discharged to land and surface water; restoration of impaired surface waters and degraded aquifers; and promotion of multibenefit
water quality projects to increase access to parks, open spaces, greenways, and other green infrastructure.
SEC. 2.
Section 175 of the Water Code is amended to read:175.
(a) There is in the California Environmental Protection Agency the State Water Resources Control Board consisting of five members appointed by the Governor. One of the members appointed shall be an attorney admitted to practice law in this state who is qualified in the fields of water supply and water rights, one shall be a registered civil engineer under the laws of this state who is qualified in the fields of water supply and water rights, one shall be a registered professional engineer under the laws of this state who is experienced in sanitary engineering and who is qualified in the field of water quality, and one shall be qualified in the field of water quality. One of the above-appointed persons, in addition to having the specified qualifications, shall be qualified in the field of water supply and water quality relating to irrigated agriculture. One of the persons appointed pursuant to this subdivision, in addition to having the qualifications described in this section, shall be qualified in the field of water supply and water quality relating to(b) Each member shall represent the state at large and not any particular portion thereof and shall serve full time. The board shall, to the extent possible, be composed of members from different regions of the state. The appointments made
by the Governor shall be subject to confirmation by the Senate in accordance with Article 2 (commencing with Section 1770) of Chapter 4 of Division 4 of Title 1 of the Government Code.
(c) The disadvantaged or tribal community candidate to be appointed pursuant to subdivision (a) shall have a proven history of advocating for the environmental justice or tribal rights of the communities.
SEC. 3.
Section 13001.5 is added to the Water Code, to read:13001.5.
Addressing issues of environmental justice and social equity shall begin as early as possible in project planning processes. In accordance with this section, the state board and each regional board shall do all of the following:(a) Engage in equitable, culturally relevant community outreach to meaningfully involve potentially impacted communities for major projects and appropriate minor projects in underrepresented or identified vulnerable or disadvantaged communities, and ensure that outreach and engagement shall continue throughout the review and permitting processes.
(b) Provide evidence of how community concerns were addressed.
If the previous outreach and engagement did not occur, further outreach and engagement needs to be conducted prior to action.
(c) Identify potential disproportionate impacts in collaboration with the potentially impacted community.
(d) Take measures through environmental review and permitting processes, within the scope of its authority, to require mitigation for disproportionate adverse project impacts on the identified vulnerable or disadvantaged communities in which the project is proposed.
SEC. 4.
Section 13149.2 is added to the Water Code, to read:13149.2.
(a) The state board and each regional board shall include an analysis of environmental justice impacts or racial equity concerns when issuing statewide, regional, or otherwise significant waste discharge requirements or waivers, or national pollutant discharge elimination system permits, in compliance with Section 13370 or 13260. This analysis shall be done so as to accomplish all of the following:(1) Adhere to related environmental justice goals, policies, and objectives integrated in city or county general plans, pursuant to subdivision (h) of Section 65302 of the Government
Code, to reduce the unique or compounded health risks in disadvantaged communities by means that include, but are not limited to, the reduction of pollution exposure, including the improvement of water quality and access to water and sanitation.
(2) Promote meaningful civic engagement in the public decisionmaking process.
(3) Prioritize permit conditions that address the needs of disadvantaged communities.
(b) To the extent appropriated funds are available, the state board shall fund two separate environmental justice and tribal community coordinator positions for
solely dedicated to the purpose of achieving all of the following goals:
(1) Adhering to related environmental justice goals, policies, and objectives pursuant to paragraph (1) of subdivision (a).
(2) Promoting meaningful civic engagement in the public decisionmaking process pursuant to paragraph (2) of subdivision (a).
(3) Informing permit conditions that address the needs of disadvantaged communities pursuant to paragraph (3) of subdivision (a).
(4) Informing regulatory mitigation and remediation prior to board decisions and during enforcement actions.
(5) Soliciting and informing supplemental environmental project proposals.
(c) To the extent appropriated funds are available, the state board shall direct resources to the Office of Public Participation within the state board to conduct trainings for state board and regional board staff for the purpose of achieving all of the following goals:
(1) Adhering to related environmental justice goals, policies, and objectives pursuant to paragraph (1) of subdivision (a).
(2) Promoting meaningful civic engagement in the public decisionmaking process pursuant to paragraph (2) of subdivision (a).
(3) Reducing barriers for civic engagement.
(d) The state board shall use available tools, such as the California Communities Environmental Health Screening, also known as CalEnviroScreen, to identify and prioritize enforcement of this code in disadvantaged communities, pursuant to Section 39711 of the Health and Safety Code, low-income areas disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation, pursuant to Section 65302 of the Government Code, or other environmental justice considerations, pursuant to Section 30107.3 of the Public Resources Code.
(e) The state board shall establish an Environmental Justice and Tribal Community Hardship Stipend program to promote
community capacity and engagement.
(1) Persons eligible for the Environmental Justice and Tribal Community Hardship Stipend shall be limited to the following:
(A) State and regional board members appointed as the representatives of disadvantaged or tribal communities.
(B) State and regional board advisory or technical committees’ public members who can demonstrate an economic hardship.
(C) Subject matter experts who volunteered to be present at a state board or regional board public event, workshop, or hearing who can demonstrate an economic hardship.
(2) Moneys from the Environmental Justice and Tribal Community Hardship Stipend shall be allocated for, but not be limited to, the
following:
(A) Travel expenses.
(B) Technology and equipment to close the digital divide, including computers or internet-access when necessary.
(C) Per diems that are in addition to existing per diems authorized by law.
SEC. 5.
Section 13201 of the Water Code is amended to read:13201.
(a) There is a regional board for each of the regions described in Section 13200. Each board shall consist of seven members appointed by the Governor, each of whom shall represent, and act on behalf of, all the people and shall reside or have a principal place of business within the region.(b) Except as specified in subdivision (c), each member shall be appointed on the basis of that member’s demonstrated interest or proven ability in the field of water quality, including water pollution control, water resource management, water use, or water protection. The Governor shall consider appointments from the public and nonpublic sectors. In regard to appointments from the nonpublic
sector, the Governor shall consider including members from key economic sectors in a given region, such as agriculture, industry, commercial activities, forestry, and fisheries.
(c) At least one member shall be appointed as a public member who is not required to meet the criteria established pursuant to subdivision (b). At least one member appointed pursuant to subdivision (a) shall have specialized experience to represent environmental justice disadvantaged or tribal communities.
(d) All persons appointed to a regional board shall be subject to Senate confirmation, but shall not be required to appear before any
committee of the Senate for purposes of such confirmation
unless specifically requested to appear by the Senate Committee on Rules.
(e) Insofar as practicable, appointments shall be made so as to result in representation on the board from all parts of the region.
(f) Insofar as practicable, appointments shall be made so as to result in representation on the board from diverse experiential backgrounds.
(g) Each member shall be appointed on the basis of
that member’s ability to attend substantially all meetings of the board and to actively discharge all duties and responsibilities of a member of the board.
(h) The reduction in the number of members of each regional board required by Chapter 39 of the Statutes of 2012 shall be achieved according to the ordinary expiration of the terms of incumbents and other vacancies. Notwithstanding Section 13202, the Governor shall not fill a vacancy on any regional board until the number of members
serving on that regional board falls below seven members. If the number of members serving on the regional board falls below seven members, the Governor shall appoint or reappoint individuals pursuant to this section.
(i) The disadvantaged or tribal community candidate to be appointed pursuant to subdivision (c) shall be well respected by disadvantaged or tribal communities, organizations, and leaders in the region and shall have a proven history of advocating for the environmental justice or tribal rights of the communities.
