Today's Law As Amended


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AB-1330 Environmental justice. (2013-2014)



As Amends the Law Today


SEC. 2.SECTION 1.

 Section 12812.2 of the Government Code is amended to read:

12812.2.
 (a) One of the deputies to the Secretary for Environmental Protection shall be a deputy secretary for law enforcement and counsel, who, subject to the direction and supervision of the secretary, shall have the responsibility and authority to do all of the following:
(1) Develop a program to ensure that the boards, departments, offices, and other agencies that implement laws or regulations within the jurisdiction of the California Environmental Protection Agency take consistent, effective, and coordinated compliance and enforcement actions to protect public health and the environment. The program shall include training and cross-training of inspection and enforcement personnel of those boards, departments, offices, or other agencies to ensure consistent, effective, and coordinated enforcement.
(2) (A) In consultation with the Attorney General, establish a cross-media enforcement unit to assist a board, department, office, or other agency that implements a law or regulation within the jurisdiction of the California Environmental Protection Agency, to investigate and prepare matters for enforcement action in order to protect public health and the environment. The unit may inspect and investigate a violation of a law or regulation within the jurisdiction of the board, department, office, or other agency, including a violation involving more than one environmental medium and a violation involving the jurisdiction of more than one board, department, office, or agency. The unit shall exercise its authority consistent with the authority granted to the head of a department pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of Part 1.
(B) Each board, department, or office within the California Environmental Protection Agency shall participate and have representatives in the cross-media enforcement unit established pursuant to this section. The unit, including those representatives, shall undertake activities consistent with Section 71110 of the Public Resources Code and shall  The Secretary for Environmental Protection shall ensure that the unit shall  give priority to activities in disadvantaged communities identified by the California Environmental Protection Agency enforcement actions for violations that have occurred in a community listed  pursuant to Section 39711 of the Health and Safety Code.
(3) Refer a violation of a law or regulation within the jurisdiction of a board, department, office, or other agency that implements a law or regulation within the jurisdiction of the California Environmental Protection Agency to the Attorney General, a district attorney, or city attorney for the filing of a civil or criminal action.
(4) Exercise the authority granted pursuant to paragraph (3) only after providing notice to the board, department, office, or other agency unless the secretary determines that notice would compromise an investigation or enforcement action.
(b) Nothing in this section shall authorize the deputy secretary for law enforcement and counsel to duplicate, overlap, compromise, or otherwise interfere with an investigation or enforcement action undertaken by a board, department, office, or other agency that implements a law or regulation subject to the jurisdiction of the California Environmental Protection Agency.
(c) The Environmental Protection Agency shall post on its Internet  Web site, updated no later than December 1 of each year, the status of the implementation of this section.

SEC. 3.SEC. 2.

 Section 54954.3 of the Government Code is amended to read:

54954.3.
 (a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee’s consideration of the item, unless the item has been substantially changed since the committee heard the item, as determined by the legislative body. Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.
(b) (1)  The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.
(2) (c)  Notwithstanding (1)   paragraph (1), when the  To ensure that a non-English speaker who uses a translator receives the same opportunity to directly address the  legislative body of a local agency as a speaker who does not use a translator, notwithstanding subdivision (b), if that body  limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency. time used by a translator to translate a non-English speaker’s comments into English shall not count toward the speaker’s allotted time. 
(3) (2)  Paragraph (2) (1)  shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency  that body  to hear the translated public testimony simultaneously.
(c) (d)  The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law.

SEC. 2.5.

 Section 54954.3 of the Government Code is amended to read:

54954.3.
 (a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or before, and  during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body, at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee’s consideration of the item, unless the item has been substantially changed since the committee heard the item, as determined by the legislative body. Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.
(b) (1)  The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker. speaker, and the procedure for public comment on agenda items. 
(c) (1) Subject to reasonable regulations promulgated pursuant to subdivision (b), the legislative body of a local agency, or its presiding officer or staff, acting in their official capacity on behalf of the legislative body, shall not prohibit, limit, or otherwise prevent any of the following:
(A) Public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body or its officers or employees acting in their official capacity.
(B) Comment by a member of the public during presentation of an agenda item that has not provided notice of his or her desire to comment prior to consideration of the agenda item by the legislative body.
(C) Comment by a member of the public based on his or her viewpoint where the comment is within the subject matter jurisdiction of the legislative body.
(2) If a legislative body limits the total amount of time allocated for public testimony on a particular issue or for each individual speaker, the questioning or interrupting of the speaker by the legislative body, its officers or employees, and the speaker’s response to questioning shall not reduce the total time allocated for public testimony on the particular issue or allocated for an individual speaker.
(3)  This subdivision shall not be construed to confer any privilege or protection for expression beyond that otherwise provided by law.
(2) (d)  Notwithstanding (1)   paragraph (1), when the  To ensure that a non-English speaker that uses a translator receives the same opportunity to directly address the  legislative body of a local agency as a speaker who does not use a translator, notwithstanding subdivision (b), if that body  limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency. time used by a translator to translate a non-English speaker’s comments into English shall not count toward the speaker’s allotted time. 
(3) (2)  Paragraph (2) (1)  shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency  that body  to hear the translated public testimony simultaneously.  
(c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law.

SEC. 3.

 Section 71119 is added to the Public Resources Code, to read:

71119.
 (a) To the extent that information is normally available to the public pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), the California Environmental Protection Agency shall maintain an agencywide public database on its Internet Web site containing all of the following information:
(1) Permits issued by each board, department, and office of the California Environmental Protection Agency.
(2) Enforcement actions initiated by each board, department, and office of the California Environmental Protection Agency.
(3) (A) Compliance histories of entities regulated by each board, department, and office of the California Environmental Protection Agency.
(B) The compliance history of each regulated entity shall specify the date of last inspection, the total number of violations, if any, the total amount of fines and penalties assessed, if any, and whether the violations, if any, have been corrected. Information required pursuant to this subparagraph shall include information subsequent to 2008.
(C) To the extent possible, the agency shall include links to inspection reports, draft orders, and enforcement actions taken by other agencies.
(b) The public database shall utilize a geographic information system platform that is searchable on the basis of location, category of information, regulatory agency, and facility.
(c) On or before January 1, 2018, the California Environmental Protection Agency shall post the public database on its Internet Web site.
(d) (1) On or before January 1, 2016, and on or before January 1, 2017, the California Environmental Protection Agency shall provide to the Legislature an annual report on the progress and the status of the database, in the manner provided in Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this subdivision shall become inoperative on January 1, 2020.
SEC. 4.
 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 5.
 Section 2.5 of this bill incorporates amendments to Section 54954.3 of the Government Code proposed by both this bill and Assembly Bill 194. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2015, (2) each bill amends Section 54954.3 of the Government Code, and (3) this bill is enacted after Assembly Bill 194, in which case Section 2 of this bill shall not become operative.