Bill Text: CA AB2108 | 2021-2022 | Regular Session | Amended
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
May 19, 2022 |
Amended
IN
Assembly
April 19, 2022 |
Amended
IN
Assembly
March 15, 2022 |
Introduced by Assembly Members Robert Rivas and Cristina Garcia (Coauthors: Assembly Members Eduardo Garcia, Ramos, and Bennett) |
February 14, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
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: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 disadvantaged or tribal communities and shall not be the same member as the member appointed who is qualified in the field of water supply and water quality relating to irrigated agriculture. In appointing the member qualified in the field of water supply and water quality relating to disadvantaged or tribal communities, preference shall not be given on the basis of ethnicity or national origin. One member shall not be required to have specialized experience.(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.
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.
(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 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 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. 3.
Section 189.7 is added to the Water Code, to read:189.7.
(a) Addressing issues of environmental justice and social equity shall begin as early as possible in state board or regional board permit and policy planning processes. In accordance with that requirement, the state board and each regional board shall do both of the following:SEC. 4.
Section 13149.2 is added to the Water Code, to read:13149.2.
(a) It is the intent of the Legislature in enacting this section to facilitate the development of analyses and findings that apply environmental justice objectives, goals, and policies adopted by the state board and the regional boards in a transparent and inclusive manner.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.(i)The disadvantaged or tribal community candidate to be appointed pursuant to subdivision (c) shall have a proven history of advocating for the environmental justice or tribal rights of the communities.