BILL NUMBER: SB 1622 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 24, 2000
INTRODUCED BY Senator Alarcon
FEBRUARY 22, 2000
An act to amend Sections 25523 and 25525 of, and to add
Sections 25210.5, 25520.6, and 25520.7 to, the Public Resources Code,
relating to energy conservation and development. An
act to amend Section 72001 of, and to add Section 25539.5 to, the
Public Resources Code, relating to environmental justice.
LEGISLATIVE COUNSEL'S DIGEST
SB 1622, as amended, Alarcon. State Energy Resources Conservation
and Development Commission: siting
environmental justice .
Existing law prohibits the construction of any facility or the
modification of any existing facility without first obtaining
certification for any such site and related facility by the State
Energy Resources Conservation and Development Commission.
Existing law provides for a procedure to be followed in certifying a
facility, including holding a public hearing on the application, and
preparing a written decision after the public hearing.
This bill would require the commission to identify and
address disproportionately high and adverse effects on minority
populations and low-income populations that would result from the
proposed siting of the facility. The bill would also require that
applications are evaluated together if a siting proposal is closely
related, as specified, to any other siting proposal pending or
anticipated within one year. The bill would require the written
decision to include findings as to whether the siting proposal
results in the fair treatment of people of all races, cultures, and
income levels, including minority populations and low-income
populations of the state, with respect to matters that substantially
affect human health or the environment, and any conditions,
modifications, or criteria proposed for any site and related facility
proposal resulting from these findings and conclusions
adopt regulations to ensure that when it certifies sites it is
in conformity with federal guidance concerning environmental justice.
The bill would also require the California Environmental Protection
Agency, in consultation with the Resources Agency and the
commission, to develop a model environmental justice mission
statement for the commission .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25210.5 is added to the Public
SECTION 1. Section 25539.5 is added to the Public Resources Code,
to read:
25539.5. On or before January 1, 2002, the commission shall adopt
regulations to ensure that the commission, when certifying sites and
related facilities pursuant to this chapter, is in conformity with
the applicable federal guidance relating to environmental justice.
SEC. 2. Section 72001 of the Public Resources Code is amended to
read:
72001. 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 , and, in consultation with the Resources Agency and the
State Energy Resources Conservation and Development Commission, for
the State Energy Resources Conservation and Development Commission
. For purposes of this section, environmental justice has the
same meaning as defined in subdivision (c) of Section 65040.12 of the
Government Code. Resources Code, to read:
25210.5. The commission shall do all of the following:
(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) 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) Ensure greater public participation in the commission's
development, adoption, and implementation of environmental
regulations and policies.
(d) Improve research and data collection for programs within the
commission 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) Identify differential patterns of consumption of natural
resources among people of different socioeconomic classifications for
programs within the commission.
SEC. 2. Section 25520.6 is added to the Public Resources Code, to
read:
25520.6. The commission shall identify and address, as
appropriate, disproportionately high and adverse human health or
environmental effects on minority populations and low-income
populations that would result from the proposed siting of a facility.
(a) When determining whether human health effects are
disproportionately high and adverse, the commission shall consider
the following three factors to the extent practicable:
(1) Whether the health effects, which may be measured in risks and
rates of adverse health impacts, or qualitatively, are significant
or above generally accepted norms. Adverse health impacts may
include bodily impairment, infirmity, illness, or death.
(2) Whether the risk, or rate, of exposure to an environmental
hazard by a minority population or low-income population is
significant and exceeds, or is likely to exceed, the risk, or rate,
of exposure of the general population or other appropriate comparison
group.
(3) Whether health effects occur in a minority population or
low-income population affected by cumulative or multiple adverse
exposures from environmental hazards.
(b) When determining whether environmental effects are
disproportionately high and adverse, the commission shall consider
the following three factors to the extent practicable:
(1) Whether there is or will be an impact on the natural or
physical environment that significantly and adversely affects a
minority population or low-income population. Those effects may
include ecological, cultural, human health, economic, or social
impacts on minority communities or low-income communities when those
impacts are interrelated to impacts on the natural or physical
environment.
(2) Whether environmental effects are significant and are or may
be having an adverse impact on minority populations or low-income
populations that exceeds or is likely to exceed those on the general
population or other appropriate comparison group.
(3) Whether the environmental effects occur or would occur in a
minority population or low-income population affected by cumulative
or multiple adverse exposures from environmental hazards.
(c) For the purposes of this section, the commission shall
identify a "minority population" consistently with the manner in
which federal agencies that provide funding to the commission
identify a "minority population."
(d) For purposes of this section, the commission shall identify a
"low-income population" consistently with the manner in which federal
agencies that provide funding to the commission identify "low-income
population" and by incorporating the definition of "lower-income
household", as defined in Section 50079.5 of the Health and Safety
Code.
SEC. 3. Section 25520.7 is added to the Public Resources Code, to
read:
25520.7. If any siting proposal is closely related to any other
siting proposal pending or reasonably anticipated within one year,
the applications shall be evaluated together in a single impact
statement. Applications are closely related if they:
(a) Are connected in that they are any of the following:
(1) Automatically trigger another application that may require
commission review.
(2) Cannot or will not proceed unless the other application is
evaluated previously or simultaneously.
(3) Are interdependent parts of a larger action and depend on the
larger action for their justification.
(b) Are cumulative applications, which, when viewed with other
proposed applications have cumulatively significant impacts and
should therefore be considered at the same time.
(c) Have similarities that provide a basis for evaluating their
environmental consequences together, such as common timing or
geography, and the best way to assess adequately the combined impacts
of similar applications or reasonable alternatives to such
applications is to review them in a single proceeding.
SEC. 4. Section 25523 of the Public Resources Code is amended to
read:
25523. The commission shall prepare a written decision after the
public hearing on an application, which includes all of the
following:
(a) Specific provisions relating to the manner in which the
proposed facility is to be designed, sited, and operated in order to
protect environmental quality and assure public health and safety.
(b) Findings as to whether the siting proposal results in the fair
treatment of people of all races, cultures, and income levels,
including minority populations and low-income populations of the
state, with respect to matters that substantially affect human health
or the environment, and any conditions, modifications, or criteria
proposed for any site and related facility proposal resulting from
these findings and conclusions.
(c) In the case of a site to be located in the coastal zone,
specific provisions to meet the objectives of Division 20 (commencing
with Section 30000) as may be specified in the report submitted by
the California Coastal Commission pursuant to subdivision (d) of
Section 30413, unless the commission specifically finds that the
adoption of the provisions specified in the report would result in
greater adverse effect on the environment or that the provisions
proposed in the report would not be feasible.
(d) In the case of a site to be located in the Suisun Marsh or in
the jurisdiction of the San Francisco Bay Conservation and
Development Commission, specific provisions to meet the requirements
of Division 19 (commencing with Section 29000) of this code or Title
7.2 (commencing with Section 66600) of the Government Code as may be
specified in the report submitted by the San Francisco Bay
Conservation and Development Commission pursuant to subdivision (d)
of Section 66645 of the Government Code, unless the commission
specifically finds that the adoption of the provisions specified in
the report would result in greater adverse effect on the environment
or the provisions proposed in the report would not be feasible.
(e) (1) Findings regarding the conformity of the proposed site and
related facilities with standards adopted by the commission pursuant
to Section 25216.3 and subdivision (d) of Section 25402, with public
safety standards and the applicable air and water quality standards,
and with other relevant local, regional, state, and federal
standards, ordinances, or laws. If the commission finds that there
is noncompliance with any state, local, or regional ordinance or
regulation in the application, it shall consult and meet with the
state, local, or regional governmental agency concerned to attempt to
correct or eliminate the noncompliance. If the noncompliance cannot
be corrected or eliminated, the commission shall inform the state,
local, or regional governmental agency if it makes the findings
required by Section 25525.
(2) The commission shall not find that the proposed facility
conforms with applicable air quality standards pursuant to paragraph
(1) unless the applicable air pollution control district or air
quality management district certifies that complete emissions offsets
for the proposed facility have been identified and will be obtained
by the applicant prior to the commission's licensing of the project,
to the extent that the proposed facility requires emission offsets to
comply with local, regional, state, or federal air quality
standards.
(f) Provision for restoring the site as necessary to protect the
environment, if the commission denies approval of the application.
(g) In the case of a geothermal site and related facility,
findings on whether there are sufficient commercial quantities of
geothermal resources available to operate the proposed facility for
its planned life.
(h) In the case of a site and related facility using resource
recovery (waste-to-energy) technology, specific conditions requiring
that the facility be monitored to ensure compliance with paragraphs
(1), (2), (3), and (6) of subdivision (a) of Section 42315 of the
Health and Safety Code.
(i) In the case of a facility, other than a resource recovery
facility subject to subdivision (h), specific conditions requiring
the facility to be monitored to ensure compliance with toxic air
contaminant control measures adopted by an air pollution control
district or air quality management district pursuant to subdivision
(d) of Section 39666 or Section 41700 of the Health and Safety Code,
whether the measures were adopted before or after issuance of a
determination of compliance by the district.
SEC. 5. Section 25525 of the Public Resources Code is amended to
read:
25525. The commission shall not certify any facility contained in
the application when it finds, pursuant to subdivision (c) of
Section 25523, that the facility does not conform with any applicable
state, local, or regional standards, ordinances, or laws, unless the
commission determines that the facility is required for public
convenience and necessity and that there are not more prudent and
feasible means of achieving public convenience and necessity. In
making the determination, the commission shall consider the entire
record of the proceeding, including, but not limited to, the impacts
of the facility on the environment, consumer benefits, and electric
system reliability. The commission shall not make any finding in
conflict with applicable federal law or regulation. The basis for
these findings shall be reduced to writing and submitted as part of
the record pursuant to Section 25523.