AB 1062: Environmental Justice Small Grant Program.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-04-07
Existing law establishes the Environmental Justice Small Grant Program under the jurisdiction of the California Environmental Protection Agency, and prescribes specific criteria and procedures for the implementation of the program. Existing law requires that grants be awarded on a competitive basis for projects that are based in communities with the most significant exposure to pollution, and limits grants to be used for specified purposes relating to, among other things, resolving environmental problems, promoting coordination among public agencies and stakeholders, developing guidance on environmental risks, and facilitating and encouraging community understanding and decisionmaking that affects the environment of a community.
This bill would additionally include the implementation, physical projects, including planning, engineering, significant infrastructure improvements, and constructing, of physical projects and construction, monitoring or filtering technology, and environmental assessments that improve the environment or the environmental health of the community, or that address a specific environmental justice need, among the purposes for which a grant may be awarded.
Existing law provides that the maximum amount of a grant shall not exceed $50,000, and authorizes the Secretary for Environmental Protection to expend up to $1,500,000 per year for the grant program.
This bill would require the secretary to expend at least $5,000,000 per year for the grant program, upon appropriation by the Legislature, and each board, department, office, or other entity or office within the agency, except as provided, to expend an amount equal to not less than 1% of its annual operating budget for the award of grants pursuant to the program agency to allocate appropriated funds from special funds, settlements, and penalties to implement the grant program.
Existing law establishes the Environmental Justice Small Grant Program under the jurisdiction of the California Environmental Protection Agency, and prescribes specific criteria and procedures for the implementation of the program. Existing law requires that grants be awarded on a competitive basis for projects that are based in communities with the most significant exposure to pollution, and limits grants to be used for specified purposes relating to, among other things, resolving environmental problems, promoting coordination among public agencies and stakeholders, developing guidance on environmental risks, and facilitating and encouraging community understanding and decisionmaking that affects the environment of a community.
This bill would additionally include the implementation, including planning, engineering, significant infrastructure improvements, and constructing, of physical projects that improve the environment or the environmental health of the community, or that address a specific environmental justice need, among the purposes for which a grant may be awarded.
Existing law provides that the maximum amount of a grant shall not exceed $50,000, and authorizes the Secretary for Environmental Protection to expend up to $1,500,000 per year for the grant program.
This bill would require each board, department, office, or other entity within the agency, except as provided, to expend an amount equal to not less than 1% of its annual operating budget for the award of grants pursuant to the program.
(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)Specific criteria and procedures for the implementation of the program.
(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)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)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)(1)Both of the following are eligible to receive moneys from the fund:
(A)A nonprofit entity.
(B)A federally recognized tribal government.
(2)For the purposes of this section, nonprofit entity means any corporation, trust, association, cooperative, or other organization that meets all of the following criteria:
(A)Is operated primarily for scientific, educational, service, charitable, or other similar purposes in the public interest.
(B)Is not organized primarily for profit.
(C)Uses its net proceeds to maintain, improve, or expand, or any combination thereof, its operations.
(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)For the 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)Individuals may not receive grant moneys from the fund.
(e)Grant recipients shall use the grant award to fund only the project described in the recipients 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)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)Resolve environmental problems through distribution of information.
(2)Identify improvements in communication and coordination among agencies and stakeholders in order to address the most significant exposure to pollution.
(3)Expand the understanding of a community about the environmental issues that affect their community.
(4)Develop guidance on the relative significance of various environmental risks.
(5)Promote community involvement in the decisionmaking process that affects the environment of the community.
(6)Present environmental data for the purposes of enhancing community understanding of environmental information systems and environmental information.
(7)Implement, Physical projects, including planning, engineering, significant infrastructure improvements, and constructing, physical projects and construction, monitoring or filtering technology, and environmental assessments that improve the environment or the environmental health of the community, or that address a specific environmental justice need in the community.
(g)(1)The agency shall not award grants for, and grant funding shall not be used for, any of the following:
(A)Other state grant programs.
(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)Litigation, administrative challenges, enforcement action, or any type of adjudicatory proceeding.
(D)Funding of a lawsuit against any governmental entity.
(E)Funding of a lawsuit against a business or a project owned by a business.
(F)Matching state or federal funding.
(G)Performance of any technical assessment for purposes of opposing or contradicting a technical assessment prepared by a public agency.
(2)An organizations 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)The agency shall review, evaluate, and select grant recipients, and screen grant applications to ensure that they meet the requirements of this section.
(i)The maximum amount of a grant provided pursuant to this section may not exceed fifty thousand dollars ($50,000).
(j)For the purposes of this section, environmental justice has the same meaning as defined in Section 65040.12 of the Government Code.
(k)The Secretary for Environmental Protection may shall expend up to one million five hundred thousand dollars ($1,500,000) not less than five million dollars ($5,000,000) per year for the purposes of this section, upon appropriation by the Legislature.
(l)Board, departments, and offices Each board, department, or office within the California Environmental Protection Agency may shall allocate, but is not limited to, appropriated funds from special funds, settlements, and penalties to implement this program.
(m)(1)Each board, department, office, or other entity within the California Environmental Protection Agency shall expend an amount equal to not less than 1 percent of its annual operating budget for grants awarded pursuant to this section.
(2)This subdivision does not apply to a certified local program agency, a local or regional air pollution control district, or a regional water quality control board.
(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)Specific criteria and procedures for the implementation of the program.
(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)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)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)(1)Both of the following are eligible to receive moneys from the fund:
(A)A nonprofit entity.
(B)A federally recognized tribal government.
(2)For the purposes of this section, nonprofit entity means any corporation, trust, association, cooperative, or other organization that meets all of the following criteria:
(A)Is operated primarily for scientific, educational, service, charitable, or other similar purposes in the public interest.
(B)Is not organized primarily for profit.
(C)Uses its net proceeds to maintain, improve, or expand, or any combination thereof, its operations.
(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)For the 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)Individuals may not receive grant moneys from the fund.
(e)Grant recipients shall use the grant award to fund only the project described in the recipients 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)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)Resolve environmental problems through distribution of information.
(2)Identify improvements in communication and coordination among agencies and stakeholders in order to address the most significant exposure to pollution.
(3)Expand the understanding of a community about the environmental issues that affect their community.
(4)Develop guidance on the relative significance of various environmental risks.
(5)Promote community involvement in the decisionmaking process that affects the environment of the community.
(6)Present environmental data for the purposes of enhancing community understanding of environmental information systems and environmental information.
(7)Implement, including planning, engineering, significant infrastructure improvements, and constructing, physical projects that improve the environment or the environmental health of the community, or that address a specific environmental justice need in the community.
(g)(1)The agency shall not award grants for, and grant funding shall not be used for, any of the following:
(A)Other state grant programs.
(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)Litigation, administrative challenges, enforcement action, or any type of adjudicatory proceeding.
(D)Funding of a lawsuit against any governmental entity.
(E)Funding of a lawsuit against a business or a project owned by a business.
(F)Matching state or federal funding.
(G)Performance of any technical assessment for purposes of opposing or contradicting a technical assessment prepared by a public agency.
(2)An organizations 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)The agency shall review, evaluate, and select grant recipients, and screen grant applications to ensure that they meet the requirements of this section.
(i)The maximum amount of a grant provided pursuant to this section may not exceed fifty thousand dollars ($50,000).
(j)For the purposes of this section, environmental justice has the same meaning as defined in Section 65040.12 of the Government Code.
(k)The Secretary for Environmental Protection may expend up to one million five hundred thousand dollars ($1,500,000) per year for the purposes of this section.
(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.
(m)(1)Each board, department, office, or other entity within the California Environmental Protection Agency shall expend an amount equal to not less than 1 percent of its annual operating budget for grants awarded pursuant to this section.
(2)This subdivision does not apply to a certified local program agency, a local or regional air pollution control district, or a regional water quality control board.
|
Date
|
Status
|
|---|---|
| May 28, 2015 | Read second time. Ordered to third reading. |
| Jun 13, 2016 | In committee: Set, final hearing. Hearing canceled at the request of author. |
| Jun 1, 2016 | In committee: Hearing postponed by committee. |
| Jul 15, 2015 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Jul 1, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 11, 2015 | Referred to Com. on E.Q. |
| Jun 1, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 3. Page 1723.) |
| Jun 1, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jun 1, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Feb 26, 2015 | Read first time. To print. |
| May 28, 2015 | From committee: Do pass. (Ayes 17. Noes 0.) (May 28). |
| Apr 29, 2015 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 16, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 13). Re-referred to Com. on APPR. |
| Apr 8, 2015 | Re-referred to Com. on NAT. RES. |
| Apr 7, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. |
| Mar 19, 2015 | Referred to Com. on NAT. RES. |
| Feb 27, 2015 | From printer. May be heard in committee March 29. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 1, 2015 | AB 1062 BONTA Assembly Third Reading | Assembly Floor |
Passed |
|
| May 28, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 13, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Natural Resources |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Asian Pacific Environmental Network | ** Support | Apr 13, 2015 |
| California Environmental Justice Alliance | * Support | Apr 13, 2015 |
| California Urban Street Partnership | * Support | Apr 13, 2015 |
| Center for Community Action and Environmental Justice | ** Support | Apr 13, 2015 |
| Center for Race, Poverty and the Environment | ** Support | Apr 13, 2015 |
| Communities for a Better Environment | ** Support | Apr 13, 2015 |
| Environmental Health Coalition | ** Support | Apr 13, 2015 |
| People Organizing to Demand Environmental and Economic Rights | ** Support | Apr 13, 2015 |
| Sierra Club | * Support | Apr 13, 2015 |
| Sierra Club California | * Support | Apr 13, 2015 |
AB 1062 (Bonta) Page 6 of 6
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: AB 1062
Author: |
Bonta |
||
Version: |
4/7/2015 |
Hearing Date: |
7/15/2015 |
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Rachel Machi Wagoner |
||
SUBJECT: Environmental Justice Small Grant Program.
ANALYSIS:
Existing law: Establishes the California Environmental Protection Agency (CalEPA) Environmental Justice Small Grant Program to provide grants to eligible community groups that are located in areas adversely affected by environmental pollution and hazards and that are involved in work to address environmental justice issues.
Grants are awarded on a competitive basis for projects that are based in communities with the most significant exposure to pollution. They are limited to purposes of resolving environmental problems through information, improving coordination among public agencies and stakeholders, expanding community understanding about environmental issues, developing guidance on environmental risks, promoting community involvement, and using data to enhance community understanding and decision-making.
Grants cannot be used for other state grant programs, lobbying or advocacy activities, litigation, funding of lawsuits, or for opposing technical assessments prepared by a public agency.
The maximum amount of a grant shall not exceed $50,000, and authorizes the Secretary for CalEPA to expend up to $1.5 million per year for the program.
Authorizes CalEPA to allocate funds from various special funds, settlements, and penalties to implement this program.
This bill:
Allows grants awarded under the Program to include physical projects, including planning, engineering and construction, monitoring or filtering technology, and environmental assessments that improve the environment or the environmental health of the community, or that address a specific environmental justice need.
Requires CalEPA to expend not less than $5 million per year for environmental justice grants. Requires each board, department, or office within CalEPA to allocate appropriated funds from special funds, settlements, and penalties to implement this program.
Background
CalEPA Environmental Justice Small Grants. This grant program was established in 2002. Grants are available to help eligible non-profit community groups/organizations and federally recognized Tribal governments address environmental justice issues in areas adversely affected by environmental pollution and hazards. In 2013, $249,175 was awarded through Environmental Justice Small Grants projects. A minimum of $250,000 in grant funds was made available for the 2015/2016 grant cycle. SB 861 (Budget and Fiscal Review, Chapter 35, Statutes of 2014) increased the maximum grant from $20,000 to $50,000 and authorized CalEPA to expend up to $1.5 million annually for the program. The stated goals of the program include:
Improve access to safe and clean water;
Reduce potential for exposure to pesticides and toxic chemicals;
Promote community capacity building and improve communities' and tribes' understanding of the technical and procedural aspects of environmental decision making;
Promote the development of community-based research that protects and enhances public health and the environment; and,
Address cumulative impact through collaboration between community-based organizations and local government.
Environmental Justice in California. Environmental justice is the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.
According to the Office of Environmental Health Hazard Assessment (OEHHA), approximately 8 million Californians (21%) live in zip codes that are considered “highly impacted” by environmental, public health, and socioeconomic stressors. Nearly half of all Californians live within six miles of a facility that is a significant greenhouse gas emitter (46%), but they are disproportionately people of color (62%). Throughout California, people of color face a 50% higher risk of cancer from ambient concentrations of air pollutants listed under the Clean Air Act. These impacts are felt by all Californians. The Air Resources Board estimates that air pollution exposure accounts for 19,000 premature deaths, 280,000 cases of asthma, and 1.9 million lost work days every year.
Comments
Purpose of Bill. According to the author, “AB 1062 will help provide our most vulnerable communities of color with the tools they need to fight against environmental health hazards in their communities, greatly reducing their quality of life.
“AB 1062 will ensure EJ Small Grants will be continuously funded. It will require the Boards, Departments, and Agencies to contribute to the grant program to ensure there is a CalEPA-wide contribution.
“The bill will also add one additional grant objective to the program: implementation of physical projects that address environmental justice issues, such as planning for open-space in park-poor areas or installation of air filters to address poor air quality.”
Should this be a discussion as part of the State Budget? This bill requires CalEPA to expend no less than $5 million annually through the Environmental Justice Small Grants program from unspecified special funds, settlements and penalties of the CalEPA boards, departments and offices. Where is this $5 million coming from? How is each board, department and office expected to meet this mandate? What programs and other statutory mandates may go underfunded as a result of an administrative reappropriation of funds? Annually the budgets of CalEPA and each of these boards, departments and offices are legislatively apportioned according to funding and need to fulfill mandates through the State Budget. How does this bill interact with that process? As the 2015-2016 Budget was just approved for the state, how will this impact this budget and future year’s budgets? If it is the will of the Legislature to take funding appropriated for other programs, why is this done through the Budget?
This bill appears to imply that there is surplus funding among the CalEPA boards, departments and offices that are not currently being fully utilized or it implies that this grant program is a better use. It is unclear, without identifying which funds and programs would specifically be impacted, how this would impact other statutory mandates.
Is this the appropriate source of funding? As mentioned in the previous comment, the special funds, settlements and penalties of each of the CalEPA boards, departments and offices go to statutory mandates such as regulation and enforcement of the programs they are each responsible for – would this bill take away from those mandated responsibilities and if so would it be more appropriate to identify a different source of funding or alternately create a new source of funding for this priority?
Related/Prior Legislation
SB 535 (de León, Chapter 830, Statutes of 2012) requires CalEPA to identify disadvantaged communities for investment opportunities using the Greenhouse Gas Reduction Fund. Pursuant to this requirement, OEHHA has developed the California Communities Environmental Health Screening Tool (CalEnviroScreen) that uses existing environmental, health, and socioeconomic data to determine the extent to which communities across the state are burdened by and vulnerable to pollution. OEHHA states that the results generated by CalEnviroScreen are not intended to assign responsibility for any issues identified. The intent is to provide information that enables the state to focus time, resources, and programs on areas that are in the greatest need of assistance.
SB 89 (Escutia, Chapter 728, Statutes of 2000) requires CalEPA to convene the Environmental Justice Working Group and develop an agency-wide environmental justice strategy. Follow-up legislation, SB 828 (Alarcon, Chapter 765, Statutes of 2001), established a timeline for these requirements and required CalEPA to update its report to the Legislature every three years. In October of 2004, CalEPA released its Environmental Justice Action Plan.
SOURCE:
Asian
Pacific Environmental Network
California Environmental Justice
Alliance
SUPPORT:
Alameda County Board of Supervisors
Asian Pacific Islander Obesity Prevention Alliance
California Catholic Conference of Bishops
California Coastal Protection Network
California Equity Leaders Network
California League of Conservation Voters (CLCV)
Catholic Charities, Diocese of Stockton
Center for Community Action & Environmental Justice
Center on Race, Poverty and the Environment
Central Coast Alliance United for Sustainable Economy
City Heights Community Development Corporation
Clean Water Action
Clergy and Laity United for Economic Justice
Coalition for Clean Air
Coastal Environmental Rights Foundation
Communities for a Better Environment
Community Water Center
Environmental Action Committee of West Marin
Environmental Health Coalition
Environmental Justice Coalition for Water
Environmental Working Group
Filipino American Coalition for Environmental Solidarity (FACES)
Fresno Interdenominational Refugee Ministries (FIRM)
Greater Pasadena Jews for Justice (GPJJ)
Inland Congregations United for Change
Leadership Counsel for Accountability and Justice
Los Angeles Waterkeeper
MAAC
National Parks Conservation Association
Natural Resources Defense Council (NRDC)
Pacific Isle Environmental Reserve (PIER)
Pacoima Beautiful
People Organizing to Demand Environmental & Economic Rights (PODER)
People’s CORE
Pesticide Action Network, North America
Physicians for Social Responsibility-Los Angeles
Physicians for Social Responsibility-San Francisco Bay Area
Regional Asthma Management and Prevention
San Diego-Imperial Counties Labor Council (SDICLC)
Sierra Club California
The City Project
Trust for Public Land
Valley Clean Air Now
Warehouse Worker Resource Center
OPPOSITION:
None received
ARGUMENTS IN SUPPORT:
According to supporters of AB 1062, “Across California, low-income communities of color face a range of pollution burdens, from poor air quality and related environmental health illnesses, to contaminated drinking water to hazardous clean-up sites. AB 1062 will provide much-needed, permanent source of funding for community solutions to these challenges. In doing so, it will give CalEPA a dependable vehicle to provide direct benefits to low-income communities and communities of color overburdened with pollution.”
-- END --
AB 1062 (Bonta) Page 6 of 6
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: AB 1062
Author: |
Bonta |
||
Version: |
4/7/2015 |
Hearing Date: |
7/1/2015 |
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Rachel Machi Wagoner |
||
SUBJECT: Environmental Justice Small Grant Program
ANALYSIS:
Existing law: Establishes the California Environmental Protection Agency (CalEPA) Environmental Justice Small Grant Program to provide grants to eligible community groups that are located in areas adversely affected by environmental pollution and hazards and that are involved in work to address environmental justice issues.
Grants are awarded on a competitive basis for projects that are based in communities with the most significant exposure to pollution. They are limited to purposes of resolving environmental problems through information, improving coordination among public agencies and stakeholders, expanding community understanding about environmental issues, developing guidance on environmental risks, promoting community involvement, and using data to enhance community understanding and decision-making.
Grants cannot be used for other state grant programs, lobbying or advocacy activities, litigation, funding of lawsuits, or for opposing technical assessments prepared by a public agency.
The maximum amount of a grant shall not exceed $50,000, and authorizes the Secretary for CalEPA to expend up to $1.5 million per year for the program.
Authorizes CalEPA to allocate funds from various special funds, settlements, and penalties to implement this program.
This bill:
Allows grants awarded under the Program to include physical projects, including planning, engineering and construction, monitoring or filtering technology, and environmental assessments that improve the environment or the environmental health of the community, or that address a specific environmental justice need.
Requires CalEPA to expend not less than $5 million per year for environmental justice grants. Requires each board, department, or office within CalEPA to allocate appropriated funds from special funds, settlements, and penalties to implement this program.
Background
CalEPA Environmental Justice Small Grants. This grant program was established in 2002. Grants are available to help eligible non-profit community groups/organizations and federally recognized Tribal governments address environmental justice issues in areas adversely affected by environmental pollution and hazards. In 2013, $249,175 was awarded through Environmental Justice Small Grants projects. A minimum of $250,000 in grant funds was made available for the 2015/2016 grant cycle. SB 861 (Budget and Fiscal Review, Chapter 35, Statutes of 2014) increased the maximum grant from $20,000 to $50,000 and authorized CalEPA to expend up to $1.5 million annually for the program. The stated goals of the program include:
Improve access to safe and clean water;
Reduce potential for exposure to pesticides and toxic chemicals;
Promote community capacity building and improve communities' and tribes' understanding of the technical and procedural aspects of environmental decision making;
Promote the development of community-based research that protects and enhances public health and the environment; and,
Address cumulative impact through collaboration between community-based organizations and local government.
Environmental Justice in California. Environmental justice is the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.
According to the Office of Environmental Health Hazard Assessment (OEHHA), approximately 8 million Californians (21%) live in zip codes that are considered “highly impacted” by environmental, public health, and socioeconomic stressors. Nearly half of all Californians live within six miles of a facility that is a significant greenhouse gas emitter (46%), but they are disproportionately people of color (62%). Throughout California, people of color face a 50% higher risk of cancer from ambient concentrations of air pollutants listed under the Clean Air Act. These impacts are felt by all Californians. The Air Resources Board estimates that air pollution exposure accounts for 19,000 premature deaths, 280,000 cases of asthma, and 1.9 million lost work days every year.
Comments
Purpose of Bill. According to the author, “AB 1062 will help provide our most vulnerable communities of color with the tools they need to fight against environmental health hazards in their communities, greatly reducing their quality of life.
“AB 1062 will ensure EJ Small Grants will be continuously funded. It will require the Boards, Departments, and Agencies to contribute to the grant program to ensure there is a CalEPA-wide contribution.
“The bill will also add one additional grant objective to the program: implementation of physical projects that address environmental justice issues, such as planning for open-space in park-poor areas or installation of air filters to address poor air quality.”
Should this be a discussion as part of the State Budget? This bill requires CalEPA to expend no less than $5 million annually through the Environmental Justice Small Grants program from unspecified special funds, settlements and penalties of the CalEPA boards, departments and offices. Where is this $5 million coming from? How is each board, department and office expected to meet this mandate? What programs and other statutory mandates may go underfunded as a result of an administrative reappropriation of funds? Annually the budgets of CalEPA and each of these boards, departments and offices are legislatively apportioned according to funding and need to fulfill mandates through the State Budget. How does this bill interact with that process? As the 2015-2016 Budget was just approved for the state, how will this impact this budget and future year’s budgets? If it is the will of the Legislature to take funding appropriated for other programs, why is this done through the Budget?
This bill appears to imply that there is surplus funding among the CalEPA boards, departments and offices that are not currently being fully utilized or it implies that this grant program is a better use. It is unclear, without identifying which funds and programs would specifically be impacted, how this would impact other statutory mandates.
Is this the appropriate source of funding? As mentioned in the previous comment, the special funds, settlements and penalties of each of the CalEPA boards, departments and offices go to statutory mandates such as regulation and enforcement of the programs they are each responsible for – would this bill take away from those mandated responsibilities and if so would it be more appropriate to identify a different source of funding or alternately create a new source of funding for this priority?
Related/Prior Legislation
SB 535 (de León, Chapter 830, Statutes of 2012) requires CalEPA to identify disadvantaged communities for investment opportunities using the Greenhouse Gas Reduction Fund. Pursuant to this requirement, OEHHA has developed the California Communities Environmental Health Screening Tool (CalEnviroScreen) that uses existing environmental, health, and socioeconomic data to determine the extent to which communities across the state are burdened by and vulnerable to pollution. OEHHA states that the results generated by CalEnviroScreen are not intended to assign responsibility for any issues identified. The intent is to provide information that enables the state to focus time, resources, and programs on areas that are in the greatest need of assistance.
SB 89 (Escutia, Chapter 728, Statutes of 2000) requires CalEPA to convene the Environmental Justice Working Group and develop an agency-wide environmental justice strategy. Follow-up legislation, SB 828 (Alarcon, Chapter 765, Statutes of 2001), established a timeline for these requirements and required CalEPA to update its report to the Legislature every three years. In October of 2004, CalEPA released its Environmental Justice Action Plan.
SOURCE:
Asian
Pacific Environmental Network
California Environmental Justice
Alliance
SUPPORT:
Alameda County Board of Supervisors
Asian Pacific Islander Obesity Prevention Alliance
California Catholic Conference of Bishops
California Coastal Protection Network
California Equity Leaders Network
California League of Conservation Voters (CLCV)
Catholic Charities, Diocese of Stockton
Center for Community Action & Environmental Justice
Center on Race, Poverty and the Environment
Central Coast Alliance United for Sustainable Economy
City Heights Community Development Corporation
Clean Water Action
Clergy and Laity United for Economic Justice
Coalition for Clean Air
Coastal Environmental Rights Foundation
Communities for a Better Environment
Community Water Center
Environmental Action Committee of West Marin
Environmental Health Coalition
Environmental Justice Coalition for Water
Environmental Working Group
Filipino American Coalition for Environmental Solidarity (FACES)
Fresno Interdenominational Refugee Ministries (FIRM)
Greater Pasadena Jews for Justice (GPJJ)
Inland Congregations United for Change
Leadership Counsel for Accountability and Justice
Los Angeles Waterkeeper
MAAC
National Parks Conservation Association
Natural Resources Defense Council (NRDC)
Pacific Isle Environmental Reserve (PIER)
Pacoima Beautiful
People Organizing to Demand Environmental & Economic Rights (PODER)
People’s CORE
Pesticide Action Network, North America
Physicians for Social Responsibility-Los Angeles
Physicians for Social Responsibility-San Francisco Bay Area
Regional Asthma Management and Prevention
San Diego-Imperial Counties Labor Council (SDICLC)
Sierra Club California
The City Project
Trust for Public Land
Valley Clean Air Now
Warehouse Worker Resource Center
OPPOSITION:
None received
ARGUMENTS IN SUPPORT:
According to supporters of AB 1062, “Across California, low-income communities of color face a range of pollution burdens, from poor air quality and related environmental health illnesses, to contaminated drinking water to hazardous clean-up sites. AB 1062 will provide much-needed, permanent source of funding for community solutions to these challenges. In doing so, it will give CalEPA a dependable vehicle to provide direct benefits to low-income communities and communities of color overburdened with pollution.”
-- END --
AB 1062
Page 3
ASSEMBLY THIRD READING
AB 1062
(Bonta)
As Amended April 7, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Natural Resources |
9-0 |
Williams, Dahle, Cristina Garcia, Hadley, Harper, McCarty, Rendon, Mark Stone, Wood |
|
Appropriations |
17-0 |
Gomez, Bigelow, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Gordon, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY: Specifies that physical projects that improve the environment or the environmental health of a community, or that address a specific environmental justice need are eligible for grants awarded from the Environmental Justice Small Grant Program (Program) and increases the total grant program from up to $1.5 million to not less than $5 million annually. Specifically, this bill:
Allows grants awarded under the Program to include physical projects, including planning, engineering and construction, monitoring or filtering technology, and environmental assessments that improve the environment or the environmental health of the community, or that address a specific environmental justice need.
Requires the California Environmental Protection Agency (CalEPA) to expend not less than $5 million per year for environmental justice grants. Requires each board, department, or office within CalEPA to allocate appropriated funds from special funds, settlements, and penalties to implement this program.
EXISTING LAW establishes the Program to provide grants to eligible community groups that are located in areas adversely affected by environmental pollution and hazards and that are involved in work to address environmental justice issues.
Grants are awarded on a competitive basis for projects that are based in communities with the most significant exposure to pollution. They are limited to purposes of resolving environmental problems through information, improving coordination among public agencies and stakeholders, expanding community understanding about environmental issues, developing guidance on environmental risks, promoting community involvement, and using data to enhance community understanding and decision-making.
Grants cannot be used for other state grant programs, lobbying or advocacy activities, litigation, funding of lawsuits, or for opposing technical assessments prepared by a public agency.
The maximum amount of a grant shall not exceed $50,000, and the Secretary for CalEPA can expend up to $1.5 million per year for the program.
Authorizes CalEPA to allocate funds from various special funds, settlements, and penalties to implement the Program.
FISCAL EFFECT: According to the Assembly Appropriations Committee, increased costs of up to $5 million annually from various special funds, settlements and penalties within CalEPA and its constituent boards, offices and departments.
CalEPA awarded $540,000 in its most recent round of Program grants. Existing law authorizes CalEPA to spend up to $1.5 million per year but does not require it.
COMMENTS: According to the Office of Environmental Health Hazard Assessment (OEHHA), approximately 8 million Californians (21%) live in zip codes that are considered "highly impacted" by environmental, public health, and socioeconomic stressors. Nearly half of all Californians live within six miles of a facility that is a significant greenhouse gas emitter (46%), but they are disproportionately people of color (62%). Throughout California, people of color face a 50% higher risk of cancer from ambient concentrations of air pollutants listed under the Clean Air Act. These impacts are felt by all Californians. The Air Resources Board estimates that air pollution exposure accounts for 19,000 premature deaths, 280,000 cases of asthma, and 1.9 million lost work days every year.
Environmental justice is the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.
In 2012, SB 535 (De León), Chapter 830, required CalEPA to identify disadvantaged communities for investment opportunities using the Greenhouse Gas Reduction Fund. Pursuant to this requirement, OEHHA has developed the California Communities Environmental Health Screening Tool (CalEnviroScreen) that uses existing environmental, health, and socioeconomic data to determine the extent to which communities across the state are burdened by and vulnerable to pollution. OEHHA states that the results generated by CalEnviroScreen are not intended to assign responsibility for any issues identified. The intent is to provide information that enables the state to focus time, resources, and programs on areas that are in the greatest need of assistance.
CalEPA Environmental Justice Small Grants, established in 2002, are available to help eligible non-profit community groups/organizations and federally recognized Tribal Governments address environmental justice issues in areas adversely affected by environmental pollution and hazards. In 2013, $249,175 was awarded through Environmental Justice Small Grants projects. A minimum of $250,000 in grant funds was made available for the 2015/2016 grant cycle. SB 861 (Budget and Fiscal Review), Chapter 35, Statutes of 2014 increased the maximum grant from $20,000 to $50,000 and authorized CalEPA to expend up to $1.5 million annually for the program. The stated goals of the program include:
Improve access to safe and clean water;
Reduce potential for exposure to pesticides and toxic chemicals;
Promote community capacity building and improve communities' and tribes' understanding of the technical and procedural aspects of environmental decision making;
Promote the development of community-based research that protects and enhances public health and the environment; and,
Address cumulative impacts through collaboration between community-based organizations and local governments.
This bill provides increased funding for the Program by requiring the boards, departments, and offices within CalEPA to contribute. This bill also adds one grant objective to the program: implementation of physical projects that address environmental justice issues, such as planning for open-space in park-poor areas or installation of air filters to address poor air quality.
Analysis Prepared by: Elizabeth MacMillan / NAT. RES. / (916) 319-2092 FN: 0000682
AB 1062
Page 3
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 1062
(Bonta) – As Amended April 7, 2015
Policy Committee: |
Natural Resources |
Vote: |
9 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: No Reimbursable:
SUMMARY:
This bill increases the total Environmental Justice Small Grant Program (Program) from up to $1.5 million to not less than $5 million annually and requires each board, department or office within CalEPA to allocate appropriated funds from special funds, settlements and penalties to implement the Program. Additionally, this bill allows grants awarded under the Program to include physical projects to improve the environment or environmental health of a community or address a specific environmental justice need.
FISCAL EFFECT:
Increased costs of up to $5 million annually from various special funds, settlements and penalties within CalEPA and its constituent boards, offices and departments.
CalEPA awarded $540,000 in its most recent round of Program grants. Existing law authorizes CalEPA to spend up to $1.5 million per year but does not require it.
COMMENTS:
Purpose. According to the author, this bill will ensure Environmental Justice Small Grants will be continuously funded by requiring the Boards, Departments and Agencies to contribute a total of $5 million to the Program annually.
Background. According to the Office of Environmental Health Hazard Assessment (OEHHA), approximately 8 million Californians (21%) live in zip codes that are considered "highly impacted" by environmental, public health, and socioeconomic stressors. Nearly half of all Californians live within six miles of a facility that is a significant greenhouse gas emitter (46%), but they are disproportionately people of color (62%).
Throughout California, people of color face a 50% higher risk of cancer from ambient concentrations of air pollutants listed under the Clean Air Act. The Air Resources Board estimates that air pollution exposure accounts for 19,000 premature deaths, 280,000 cases of asthma, and 1.9 million lost work days every year.
The Program. CalEPA Environmental Justice Small Grants, established in 2002, are available to help eligible non-profit community groups/organizations and federally recognized Tribal governments address environmental justice issues in areas adversely affected by environmental pollution and hazards. In 2013, $249,175 was awarded through Environmental Justice Small Grants projects. In 2014-15 $540,000 was awarded.
A minimum of $250,000 in grant funds was made available for the 2015/2016 grant cycle. SB 861 (Budget and Fiscal Review), Chapter 35, Statutes of 2014, increased the maximum grant from $20,000 to $50,000 and authorized CalEPA to expend up to $1.5 million annually for the program. The stated goals of the program include:
Improve access to safe and clean water;
Reduce potential for exposure to pesticides and toxic chemicals;
Promote community capacity building and improve communities' and tribes' understanding of the technical and procedural aspects of environmental decision making;
Promote the development of community-based research that protects and enhances public health and the environment; and,
Address cumulative impact through collaboration between community-based organizations and local government.
This bill adds the implementation of physical projects such as planning for open-space in park poor areas or the installation of air filters to address poor air quality to the list of objectives.
Environmental Justice. Environmental justice is the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.
SB 89 (Escutia), Chapter 728, Statutes of 2000, required CalEPA to convene the Environmental Justice Working Group and develop an agency-wide environmental justice strategy. Follow-up legislation, SB 828 (Alarcon), Chapter 765, Statutes of 2001, established a timeline for these requirements and required CalEPA to update its report to the Legislature every three years. In October of 2004, CalEPA released its Environmental Justice Action Plan.
In 2012, SB 535 (De Leon), Chapter 830 required CalEPA to identify disadvantaged communities for investment opportunities using the Greenhouse Gas Reduction Fund. Pursuant to this requirement, OEHHA has developed the California Communities Environmental Health Screening Tool (CalEnviroScreen) that uses existing environmental, health, and socioeconomic data to determine the extent to which communities across the state are burdened by and vulnerable to pollution. OEHHA states that the results generated by CalEnviroScreen are not intended to assign responsibility for any issues identified. The intent is to provide information that enables the state to focus time, resources, and programs on areas that are in the greatest need of assistance.
The CalEPA Environmental Justice Small Grant Program was established to provide grants to eligible community groups that are located in areas adversely affected by environmental pollution and hazards. Grants are awarded on a competitive basis and are limited to purposes of resolving environmental problems through information, improving coordination among public agencies and stakeholders, expanding community understanding about environmental issues, developing guidance on environmental risks, promoting community involvement, and using data to enhance community understanding and decision-making.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
AB 1062
Page 3
Date of Hearing: April 13, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 1062
(Bonta) – As Amended April 7, 2015
SUBJECT: Environmental Justice Small Grant Program
SUMMARY: Specifies that physical projects that improve the environment or the environmental health of a community, or that address a specific environmental justice need are eligible for grants awarded from the Environmental Justice Small Grant Program (Program) and increases the total grant program from up to $1.5 million to not less than $5 million annually.
EXISTING LAW: Establishes the CalEPA Environmental Justice Small Grant Program to provide grants to eligible community groups that are located in areas adversely affected by environmental pollution and hazards and that are involved in work to address environmental justice issues.
Grants are awarded on a competitive basis for projects that are based in communities with the most significant exposure to pollution. They are limited to purposes of resolving environmental problems through information, improving coordination among public agencies and stakeholders, expanding community understanding about environmental issues, developing guidance on environmental risks, promoting community involvement, and using data to enhance community understanding and decision-making.
Grants cannot be used for other state grant programs, lobbying or advocacy activities, litigation, funding of lawsuits, or for opposing technical assessments prepared by a public agency.
The maximum amount of a grant shall not exceed $50,000, and the Secretary for CalEPA can expend up to $1.5 million per year for the program.
Authorizes CalEPA to allocate funds from various special funds, settlements, and penalties to implement this program.
THIS BILL:
Allows grants awarded under the Program to include physical projects, including planning, engineering and construction, monitoring or filtering technology, and environmental assessments that improve the environment or the environmental health of the community, or that address a specific environmental justice need.
Requires CalEPA to expend not less than $5 million per year for environmental justice grants. Requires each board, department, or office within CalEPA to allocate appropriated funds from special funds, settlements, and penalties to implement this program.
FISCAL EFFECT: Unknown.
COMMENTS:
This bill. According to the author:
AB 1062 will help provide our most vulnerable communities of color
with the tools they need to fight against environmental health
hazards in their communities, greatly reducing their quality of life.
AB 1062 will ensure EJ Small Grants will be continuously
funded. It will require the Boards, Departments, and Agencies to
contribute to the grant program to ensure there is a CalEPA-wide
contribution.
The bill will also add one additional
grant objective to the program: implementation of physical projects
that address environmental justice issues, such as planning for
open-space in park-poor areas or installation of air filters to
address poor air quality.
Background. According to the Office of Environmental Health Hazard Assessment (OEHHA), approximately 8 million Californians (21%) live in zip codes that are considered "highly impacted" by environmental, public health, and socioeconomic stressors. Nearly half of all Californians live within six miles of a facility that is a significant greenhouse gas emitter (46%), but they are disproportionately people of color (62%). Throughout California, people of color face a 50% higher risk of cancer from ambient concentrations of air pollutants listed under the Clean Air Act. These impacts are felt by all Californians. The Air Resources Board estimates that air pollution exposure accounts for 19,000 premature deaths, 280,000 cases of asthma, and 1.9 million lost work days every year.
Environmental justice is the fair treatment of people of all races,
cultures, and incomes with respect to the development, adoption,
implementation, and enforcement of environmental laws, regulations,
and policies.
SB 89 (Escutia), Chapter 728, Statutes of
2000 required CalEPA to convene the Environmental Justice Working
Group and develop an agency-wide environmental justice strategy.
Follow-up legislation, SB 828 (Alarcon), Chapter 765, Statutes of
2001, established a timeline for these requirements and required
CalEPA to update its report to the Legislature every three years. In
October of 2004, CalEPA released its Environmental Justice Action
Plan.
In 2012, SB 535 (De Leon), Chapter 830 required CalEPA to identify disadvantaged communities for investment opportunities using the Greenhouse Gas Reduction Fund. Pursuant to this requirement, OEHHA has developed the California Communities Environmental Health Screening Tool (CalEnviroScreen) that uses existing environmental, health, and socioeconomic data to determine the extent to which communities across the state are burdened by and vulnerable to pollution. OEHHA states that the results generated by CalEnviroScreen are not intended to assign responsibility for any issues identified. The intent is to provide information that enables the state to focus time, resources, and programs on areas that are in the greatest need of assistance.
CalEPA Environmental Justice Small Grants, established in 2002,
are available to help eligible non-profit community
groups/organizations and federally recognized Tribal governments
address environmental justice issues in areas adversely affected by
environmental pollution and hazards. In 2013, $249,175 was awarded
through Environmental Justice Small Grants projects. A minimum of
$250,000 in grant funds was made available for the 2015/2016 grant
cycle. SB 861 (Budget and Fiscal Review), Chapter 35, Statutes of
2014 increased the maximum grant from $20,000 to $50,000 and
authorized CalEPA to expend up to $1.5 million annually for the
program. The stated goals of the program include:
Improve access to safe and clean water;
Reduce potential for exposure to pesticides and toxic chemicals;
Promote community capacity building and improve communities' and tribes' understanding of the technical and procedural aspects of environmental decision making;
Promote the development of community-based research that protects and enhances public health and the environment; and,
Address cumulative impact through collaboration between community-based organizations and local government.
REGISTERED SUPPORT / OPPOSITION:
Support
Asian Pacific
Environmental Network
California Environmental Justice Alliance
Center for Community Action and Environmental Justice
Center for Race, Poverty and the Environment
Communities for a Better Environment
Environmental Health Coalition
People Organizing to Demand Environmental and Economic Rights (PODER)
Sierra Club California
Opposition
None on file
Analysis Prepared by: Elizabeth MacMillan / NAT. RES. / (916) 319-2092
Discussed in Hearing
View Older Hearings
Bill Author
Bill Co-Author(s):