HomeMy WebLinkAboutMINUTES - 10242000 - D3 4
4 To: Y BOARD OF SUPERVISORS . ..•k`.. CONTRA COSTA
COUNTY
From: Leslie Stewart,Chair F
Hazardous Materials Commission
Date: October 11,2000
Subject: Environmental Justice Report from the Hazardous Materials Commission
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
Recommendation:
ACCEPT the Report on Environmental Justice from the Hazardous Materials Commission.
ENDORSE the County's application of environmental justice as defined in California Government Code
Sec. 65040.12, which states, "... `environmental justice' means 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."
Background:
On June 2, 1999,the Commission provided an update to the Board of Supervisors on its activities with
regard to environmental justice, including the status of its Report to the Board. The attached Report
provides the background to the Commission's work,which is rooted in its development of the County's
Hazardous Waste Plan in the 1980's. The Commission considered County programs and demographics,
local, state and federal environmental justice policies, and research and reports on environmental justice
issues in preparing its report and recommendation. The Report and recommendation are a basic, first step
towards the County's addressing the subject.
Fiscal Impact:
None.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
_ _,�, 'PROVE OTHER
SIGNATURE(S): � r•
f
ACTION OF BO�4'RVON October 24i_2DDQ APPROVED AS RECOMMENDED x OTHER x
See Addendum for Hoard action
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT _ } AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN:
Contact Person: Elinor Blake 370-5022
ATTESTED Qcto er 24, 2000
CC: Health Services Director PHIL BATCHELOR,CLERK OF THE BOARD OF
Hazardous Materials Commission (via HSD) ERI ORS AN 1 UNTY ADMINISTRATOR
BY DEPUTY
ADDENDUM TO ITEM D.3
OCTOBER 24, 2000
On this date,the Board of Supervisors considered accepting the report on
environmental justice from the Hazardous Materials Commission and considered
endorsing the County's application of environmental justice with respect to the
development, adoption, implementation and enforcement of environmental laws,
regulations and policies.
Eleanor Blake,Environmental Health Services,presented the staff report. Leslie
Steward, Chair, Hazardous Materials Commission,presented the report from the
Commission.
The following persons presented testimony:
Sharon Fuller, 420 Pebble Drive, Suite E, El Sobrante, Director of Myat Youth
Academy, in support of the County's adoption of environmental justice principles;
Denny Larson, 1611 Telegraph, #450, Oakland,representing Citizens for a Better
Environment, in support of accepting the principles;
Henry Clark, 1019 Macdonald, Richmond, Executive Director of the West
County Toxics Coalition,and Chair of the Operations Committee of the Hazardous
Materials Commission, in support of the adoption of the environmental justice principles;
Thomas Zimmerman, 2 Marina Boulevard#6D-15, Pittsburg, representing Public
and Environmental Health Advisory Board, urged the Board to accept the report;
Peter McGaw, 1676 N. California Boulevard, Walnut Creek, in support of
environmental justice;
Debbi Landshoff, 6016 Orchard Avenue,Richmond,representing the Sierra Club,
urged acceptance of the report;
John Dalrymple, Executive Director of the Labor Council in Contra Costa
County, in support of the environmental justice report acceptance;
Paulette Lagana, P.O. Box 1128, Pittsburg,representing CAP-IT, in support of the
report .
All persons desiring to speak having been heard,the Board discussed the issues.
Supervisor Gioia expressed thanks to the Hazardous Materials Commission for their
efforts on this issue and he expressed a need for direction to have County staff from
various departments available to meet with the Commission relative to implementation.
Supervisor Canciamilla expressed concurrence with Supervisor Gioia and
suggested a Board Committee to work as a sounding board and a clearinghouse for
information between sources and the Board.
Supervisor DeSaulnier commented that the report was good and that Supervisor
Uilkema and he had worked on a similar proposal at the Air District and he commented
on other agencies dealing with the issue and he suggested referring to the County
Administrator the covening of appropriate departments to look at implementation and
have communication between the Board and the Air District and CAL EPA.
Supervisor Uilkema thanked the Hazardous Materials Commission for their report
and she commented that she looked at what the Board was being asked to approve was
defining what it is that is being talked about and that she accepted that interpretation. She
also discussed having a timetable before convening everyone for desired and achievable
goals.
Supervisor Gioia moved to accept the report and definition of environmental
justice,to direct the County Administrator's Office to assemble the appropriate County
Departments to work with the Hazardous Materials Commission to explore the
implementation of environmental justice principles and the further development of
policies related to the application of environmental justice, and to establish a Board sub-
committee on environmental justice to work with the County Administrator's Office and
the Hazardous Materials Commission.
Supervisor Uilkema requested incorporation by the County Administrator's Office
of a timetable back to the Board so that everyone is aware of what is going on.
Supervisor Gioia concurred that the timetable could be incorporated in the
development of a process, and he included the designation of the Supervisors from
Districts I and V on the sub-committee.
Supervisor DeSaulnier seconded the motion.
IT IS BY THE BOARD ORDERED that the report on Environmental Justice
from the Hazardous Materials Commission is ACCEPTED; the County's application of
environmental justice as defined in California Government Code Section 65040.12 is
ENDORSED; the County Administrator is DIRECTED to assemble the appropriate
County departments to work with the Hazardous Materials Commission to develop and
implement policies related to environmental justice, and an Ad Hoc Committee of the
Board, consisting of the Supervisors from District I and V, is ESTABLISHED to work
with the Board and the County Administrator's office on this issue.
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Report to the Contra Costa County Board of Supervisors
on Environmental Justice
by the Hazardous Materials Commission
Overview
This report describes the work of the Hazardous Materials Commission regarding environmental
justice, and the perspectives the Commission has heard from residents and the business
community. The Commission calls attention to a variety of state and regional efforts, including a
new state law, and recommends that the Board of Supervisors declare its commitment to
environmental justice.
Background
Environmental justice calls for a healthful, safe environment for everyone. It means fair
treatment for people of all races, cultures and income with respect to the development, adoption,
implementation and enforcement of environmental laws,regulations and policies, and
encouragement of public participation in making and implementing those policies [Government
Code Sec. 65040.12, and see Public Resources Code Sec. 72000-72001]. The Hazardous
Materials Commission maintains that all our communities should share in the environmental and
health benefits of economic development and that no community should carry an undue burden
of environmental harm.
Environmental justice is woven through the work of the Hazardous Materials Commission since
its establishment over a decade ago. In the 1980's,while developing the County's plan for
addressing hazardous waste,the Commissioners took note that communities where industrial
hazardous wastes and hazardous materials were created,stored,used and disposed of tended also
to be residential communities of lower-income working people,with higher proportions of poor
and unemployed residents than elsewhere. The Commission's early perception that these were
often communities with high proportions of African-Americans,Hispanics,Asians,Pacific
Islanders, and other people of color was confirmed by maps prepared for the Commission by the
U.S. Environmental Protection Agency(USEPA)that show a striking overlap of sites with
hazardous materials or wastes and low-income communities of color,in our County and
throughout the Bay Area.
People with low incomes are at greater risk of health problems generally than those with higher
incomes. They have low access to health services and other services that provide for health and
well-being, and a higher level of disease and mortality. Low-income people in Contra Costa
County and nationally experience higher rates of overall mortality, chronic disease mortality,
infant mortality, low birth weight, accidents and injuries,homicides,AIDS, and tuberculosis.
There is little information about incidence of most other illnesses, as it is not collected.
In the interest of fairness and to protect the health of local communities, Commissioners began
asking what policies could address the disparity reflected by the maps to avoid continuing it or
October 10,2000 Page i
replicating it elsewhere in the county.
The nearness to industry of residences, schools, and other centers of community activity puts
people who live and work in those communities in the path of potential exposure during industrial
accidents. In the 18 months between January 15, 1999, and Tune 15, 2000, ten incidents were
reported to Health Services that meet the Industrial Safety Ordinance's criteria for a Major
Chemical Accident or Release. Industrial truck and train traffic is common to our industrial areas
and moves both through the community and along its edges. Trucks and trains bring additional
risks of exposure to diesel fumes and accidents involving hazardous materials. A number of
derailments in the county in the last few years have brought this particular railroad transport risk
to public attention.
Vibrant industrial towns are among Contra Costa's founding communities places where three
and more generations of families make their homes,houses of worship are abundant, and
residents join volunteer groups by the hundreds and thousands. They are among our richest
communities in ethnic and national diversity.
Rapid growth in the county has raised for wide discussion the question, "How do we maintain
and improve the quality of life for both our old and new communities?" The Board has initiated
public dialogue and actions on the urban limit line and"smart growth,"and has taken a leading
role to foster inter-regional action on sprawl and traffic. Environmental justice is a valuable lens
to help focus light on framing the question, and providing answers to it.
Communities without an industrial base have much to gain through environmental justice, which
is not limited to industrial concerns. Improvement in public transit and job and housing
development in older communities will improve traffic throughout the county. As newer,
expanding, and redeveloping communities seek to attract and create jobs, an environmental
justice perspective helps to learn from the past and plan more wisely for safe and healthful
neighborhoods and sustainable economies.
Governmental Actions for Environmental Justice
"Environmental justice"was an unknown phrase just a decade ago. It developed out of the siting
of a hazardous waste landfill in an African-American community in the South, and grew with
studies that raised concerns about fairness in several aspects of environmental protection, studies
concerning the environment and health, and studies demonstrating disparities in health by race
and income.
Now environmental justice is incorporated across the nation in many vision and planning
documents at the federal, state, and local level. In our area alone,the City of Richmond,the Bay
Area Alliance for Sustainable Development, and the Bay Area Air Quality Management District
are among those who have adopted policies and guidelines for environmental justices it is
incorporated into the San Francisco Sustainable City Plan. The State legislature passed SB.115
last year requiring Cal/EPA to act in accordance with environmental justice and to develop a
model mission statement; the Governor's Office of Planning and Research is designated to
October 10,2000 Page 2
coordinate programs among all state agencies. The requirements in a new state law to facilitate
licensing of thermal power plants include reference to environmental justice. A law just signed
by the Governor establishes under the Secretary of Cal/EPA an environmental justice working
group of Cal/EPA Department heads, and a stakeholders' advisory committee to carry out
specified activities.
Several other states have extensive policies and programs in place, and more are developing
them. Federal agencies, spurred by Executive Order 12898,now have a wide variety of
environmental justice policies and programs. The Institute of Medicine,National Academy of
Sciences has published a book on the subject, Toward Environmental Justice [National Academy
Press, 1999].
The Commission's Activities and Process
Commissioners reviewed numerous documents and programs about environmental justice.
Among them were maps of the county prepared by IJSEPA and the Bay Area Air Quality
Management District showing the location of hazardous materials, industrial emissions and
population by race and income. Commissioners brought environmental justice to the table at
quality of life forums sponsored by the Conference of Mayors and the Contra Costa Economic
Partnership.
A draft document issued by the Commission, containing many proposed recommendations,
provided the basis for detailed public input. The Commission met with the Industrial
Association of Contra Costa County,the Contra Costa Council, and several other civic
organizations and elected bodies to offer ideas and gain their perspective. The Commission
Chair and the current and past Chairs of the committee that prepared this report met with the
Director of Community Development,the Deputy Director of the Redevelopment Agency and
their staff. A well-attended public forum was held to hear further comments. The Commission is
pleased to see environmental justice items included in the Mayors' Conference draft Quality of
Life Report,the Contra Costa Council Position Paper on Smart Growth, and in materials before
the Board of Supervisors as part of its initial review of"smart growth."
Views of the Contra Costa Community
The Commission has heard a wide range of perspectives on environmental justice and how to
address it. Indeed, those perspectives were mirrored on the Commission itself, given its broad
membership. Discussion was always lively and often passionate, and has resulted in a far greater
and more nuanced understanding on the Commission of the views of the people and entities
involved.
The scope of environmental justice
A view of environmental justice that was expressed by a variety of Commissioners and other
members of the public encompasses themes of economic development, education,safety,health
status and health care,transportation, and other elements of overall community health(along
October 10,2000 Page 3
with concepts of inclusion,participation, and fairness). For some business representatives,
matters that are not closely related to hazardous materials and environmental laws,policies and
public participation were deemed beyond the Commission's purview.
There was also discussion of the nature of communities in the United States particularly affected
by environmental justice concerns. Issues of race, income, and whether industrial or waste
facilities precede their minority neighbors were discussed, along with national research on these
subjects.
Land use planning and permits, and standards of proof
Issues relating to the need for new policies concerning land use and permits garnered the most
comment. One of these is buffer zones. For some residents and Commissioners,the need for
health-protective buffer zones between residential areas and facilities using or storing hazardous
materials is paramount, and there is support from some industry representatives. The Community
Development Department has voiced concerns raised by this proposal,relating to the General
Flan and potential compensation issues.
With regard to evaluating permits and permitting activity, opinions differ on what criteria would
apply in determining that specific health or other environmental problems exist in a community,
or might result from issuance of a new or renewed permit, and on whether some communities
would get particular attention. For industry,consideration of environmental justice may add new
issues to those it already must consider in applying for permits, siting new facilities, interacting
with neighboring communities, and conducting business generally. Among environmental
organizations and some community representatives, there is interest in addressing the ways in
which residents may be affected by multiple sources of emissions, accidents, and truck and rail
traffic including their emissions that are not necessarily addressed in all permitting situations—or
indeed,by permitting at all. Business and some government officials expect a high standard of
proof of problems, environmental organizations,community representatives and other
government officials say that that standard puts an unrealistic and sometimes costly burden of
proof on residents. .
This issue has arisen seemingly wherever environmental justice programs have been developed.
Several states and federal agencies have,however, successfully adopted criteria and factors for
consideration, and these can serve as models. In addition, strong public information and
participation programs are avenues for resolving these concerns about risk and quality of life,
along with further data collection and scientific research to improve our knowledge base.
Key areas of agreement
Representatives of business, labor, community, and environmental organizations, government,
and residents are in agreement with the principle of fair treatment embraced by state law and
share a vision that no community should carry an undue burden of environmental harm. There
were no objections to fostering public information and participation in government activities
concerning the environment,nor to the Commission's support for a variety of existing county
October 10, 2000 Wage 4
programs that help address environmental justice concerns.
Mang current County policies and programs foster environmental justice. Just a few of these are
the Municipal Advisory Councils which foster community participation; the County's leadership
in the Green Business Program; a variety of projects in North Richmond, among them the North
Richmond Center for Health and its Environmental Education Project, the special efforts of the
North Richmond Collaboration, and projects of the Community Development Department and
Redevelopment Agency,including a multi jurisdictional Brownfields development effort; and
the Welfare-to-Work Transportation Action Plan that provides potential models for analysis and
transportation-related policies throughout the county.
Next steps for the Commission
The Commission is interested in continuing its own education and dialogue about how county
programs and policies can be informed by and promote environmental justice. Topics and
programs the Commission has discussed(and noted above)include pollution prevention; public
education and participation in county programs and decision making concerning the environment
and health; maintaining the county's environmental health expertise and relationships with
regional, state and federal agencies;the relationship of environmental health and community and
transportation planning; and assuring equitable environmental enforcement by county programs.
Recommendation
The County has not made a formal statement of its support for environmental justice. A
resolution to this effect would provide recognition of this issue and goal, a frame through which
members of our community see opportunities for broad discourse towards protection of health
and the environment and improving our quality of life.
The Commission recommends that the Board o,f Supervisors declare the County's commitment
to environmentaljustice, defined in Government Cade Sec, 65040,12(and see also.Public
Resources Code Sea 72000-72001).
October 10, 2000 Page 5
Selected Bibliography of Publications and Documents Considered in the
Commission's Review of Environmental Justice Issues
Bay Area Air Quality Management District. August 1999. Resolution 99-15, A Resolution
Adopting guiding Principles of Environmental Justice. San Francisco, CA: BAAQMD. The
District has convened a Working Croup to assist in developing specific implementation
measures.
Bay Area Alliance for Sustainable Development. July 1999. [Draft] Compact for a Sustainable
Bay Area: Economy, Environment, Equity. Oakland, CA: Author. The Draft Compact
identifies key regional challenges and strategic recommendations to meet those challenges to put
the Bay Area on a more sustainable path. The Draft Compact embraces"Three Es"of
sustainability in order to achieve and maintain a prosperous economy, quality environment, and
social equity. Among the topics addressed are pollution prevention and promotion of healthy
and safe communities.
California Healthy Cities. 1999. Characteristics o,f'a Healthy Community. Sacramento, CA:
Author. Healthy Cities projects are sponsored around the world by the World Health
Organization and other governmental and private agencies to improve people's health and quality
of life. California Healthy Cities offers eight key and interrelated elements for community
health, including elements important for environmental justice.
Chemical Manufacturers Association, Inc. 1995. A Plant Manager's Introduction to
Environmental Justice. Washington,DC: Author.
City of Richmond. 1997.Resolution No. 204-97, In Support of the Principles of Environmental
Justice. Richmond, CA: [the City].
Clark,Noreen M.,Randall W.Brown, et al. June 1999. "Childhood Asthma." Environmental
Health Perspectives,v. 107, Supp. 3. In this review of the literature on childhood asthma,part of
a monograph on children's environmental health and disease prevention research,the authors
report that asthma prevalence and mortality in children has increased dramatically in recent
years,with the burden most acute in urban areas and racial/ethnic minority populations. While
studies illustrating causal effects between outdoor air pollution and asthma prevalence are scant,
air quality appears to exacerbate symptoms in the child who already has the disease. Research is
noted on the association between respirable particulates,other air pollutants, and symptoms.
Contra Costa Transportation Alliance. May 4, 1999. Contra Costa Transportation Alliance,
Welfare-to-Work Transportation Action Plan. Martinez, CA: [The Alliancej.
Contra Costa Mayors Conference. 1999. Quality of L fe Report[Draft]. Martinez, CA: [The
Conference].
Council on Environmental Quality. 1994. Environmental Justice— guidance finder the
National Environmental Policy Act. Washington, DC: Executive Office of the President.
October 10,2000 Page 6
"Environmental Justice in California,"Parts I and II. August 31, 1998 (pp. 4-7) and September
15, 1998 (pp. 6-10). California Environmental Insider. Brentwood, TN. A review and
summary of the topic and"players" in California.
Ethnic Coalition of Southern California Forum on Environmental Justice. April 1993. The Los
Angeles Compact for Environmental Justice, Los Angeles, CA: [the Coalition]. The Compact
was developed by a number of organizations during a workshop hosted by The Vias Company.
Executive Order No. 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations. February 11, 1994. Washington, DC. The E.O.
directs each federal agency to make environmental justice part of its mission and develop an
agency-wide environmental justice strategy, and includes specific direction on research, data
collection, and other activities.
The First National People of Color Environmental Leadership Summit. October 1991.
Principles of Environmental Justice. Washington,DC: [the Leadership Summit]. This 2-page
statement is a founding environmental justice document.
Institute of Medicine. 1999. Toward Environmental Justice. Washington, DC: National
Academy Press. 137 pp. The report concludes that there are identifiable communities of concern
in"double jeopardy"--they experience higher levels of exposure to environmental stressors and
are less able to deal with these hazards. They may also be more susceptible to adverse health
effects and less able to obtain adequate health care due to socioeconomic status.
Recommendations include a coordinated effort among public health agencies to improve
collection and coordination of environmental health information; to conduct research to improve
the science base, involve the affected populations, and communicate findings to stakeholders;
and to provide education on the issue to health professionals and the public. Lastly, "[i]n
instances in which the science is incomplete with respect to environmental health and justice
issues, the committee urges policymakers to exercise caution on behalf of the affected
communities,particularly those that have the least access to medical,political, and economic
resources,taking reasonable precautions to safeguard against or minimize adverse health
outcomes.
Linton, Gordon J. and Kenneth R Wykle. 1999. Implementing Title VI Requirements in
Metropolitan and Statewide Planning [memo]. Washington,DC: Federal Highway
Administration and Federal Transit Administration. The memo puts forth a number of
implementation strategies for Title VI of the Civil Rights Act. Though the Act is different from
environmental justice,the strategies are applicable.
Lynch,Kevin. 1981. Good City Form. (11'reprint 1998, originally published as A Theory of
Good City Form). Cambridge,MA: MIT Press, 520 pp. The author writes that the purpose of
this sweeping"essay"is to"make a general statement about the good settlement, one relevant
and responsive to any human context, and which connects general values to specific actions." He
reviews normative theories of city form and lays out his own,with a number of performance
October 10,2000 Page 7
dimensions and a discussion of their application. His framework provides an interesting
community planning approach to addressing environmental justice, a phrase that he used a
decade before it was independently put forth by environmental justice advocates.
Maryland Advisory Council on Environmental Justice. November 1999. Environmental Justice
in the State of Maryland. Baltimore, MD: Maryland Department of the Environment. A report
to the State's Governor.
Morello-Frosch, Rachel,Manual Pastor,Jr., and James Sadd. "Environmental Justice and
Southern California's `Riskscape': The Distribution of Air Toxics Exposures and Health Risks
among Diverse Communities." Urban Affairs Review(forthcoming). Using air emissions
inventories and modeling techniques,the authors find that lifetime cancer risks associated with
outdoor air toxics in Southern California are attributable mostly to transportation and small area
sources. They find that race plays an explanatory role in risk distribution even after taking into
consideration other economic, land use, and population factors. This pattern,they conclude,
"suggests the need for innovative emissions reduction efforts as well as specific strategies to alter
the spatial and racial character of the environmental `riskscape' in urban centers."
National Environmental Justice Advisory Council. 1996. The Model Plan for Public
Participation. Washington, DC: Environmental Protection Agency, The Plan provides numerous
methods to foster public participation.
Northern California Council for the Community. 1999. Contra Costa County United
WayJHospital Council Collaborative Community Assessment,v.1. San Francisco: Author.
Pastor, Jr.,Manuel,Jim Sadd, and John Hipp. "Which Came First? Toxic Facilities, Minority
Move-in, and Environmental Justice." Journal of Urban Affairs(forthcoming). The authors
examine the question of their title for toxic storage and disposal facilities in Los Angeles County,
and find that disproportionate siting matters more than disproportionate minority move-in. Racial
transition---a change in the ethnic composition of an area—is also an important predictor of
siting.
Pastor, Jr., Manuel. August 2000. "Racial/Ethnic Inequality in Environmental Hazard Exposure
in Metropolitan Los Angeles."Unpublished paper. Drawing on the research in the above-cited
article,"Which Came First?", the author briefly reviews the literature, discusses policy
implications and makes recommendations. He argues that"the state needs to address the legacy
of environmental inequity._Further study is clearly warranted and policy action may, in the
interim., necessarily be modest. Yet the real risk lies in doing nothing, a strategy that would leave
public agencies still under pressure from concerned an mobilized communities but without the
tools, direction, and guidance that could help address these concerns." Earlier versions of this
paper were presented at seminars hosted by USEPA,DTSC, and elsewhere.
South Coast Air Quality Management District. March 2000. Multiple Air Toxics Exposure
Study (MATES-11). Diamond Bar, CA: the District. The SCAQMD conducted a one-year study
with two monitoring components,one utilizing the existing network of ten fixed monitors and
October 10,2000 Page 8
another using mobile monitors which were placed in 14 residential communities for a month,
near clusters of facilities with hazardous materials. Using these data,the District made cancer
risk:estimations. Most of the risk basinwide was from mobile sources, and most of that from
diesel emissions. The highest risk was in South Central and East Los Angeles. The mobile
monitors, with one exception,did not show levels of toxic air contaminants significantly higher
than their nearest fixed-site monitors. The District notes that with limited resources, the mobile
monitors were in place less than the optimal one-year. It cannot be concluded that"hot spots"do
not exist at other locations, The study did not look at health risks other than cancer, or at odor.
US Environmental Protection Agency, Office of Federal Activities. April 1998. Guidance for
Incorporating Environmental Justice Concerns in EPA's NEPA Compliance Analysis.
Washington, DC: Author.
Warren,Nancy. April 1999. Report of the Bay Area Regional Asthma Management and
Prevention Initiative.Berkeley, CA. Public Health Institute. Age-adjusted asthma
hospitalization rates in Contra Costa County are higher than the Centers for Disease Control
Healthy People 2000 objectives by about 25 %in four zip codes: 94520, 94801, 94804, and
94806. These zip codes, in Concord/Monument Corridor,Richmond and San Pablo, have lower
levels of education,more adverse perinatal outcomes, and a higher proportion of minorities than
others in the county, and represent four of the county's five lowest-income zip codes. Other
RAMP data(unpublished) shows that for the latter three zip codes asthma hospitalization rates
for children under 15 are also above the Healthy People 2000 objectives. The data is for 1994-
96.
World.Health Organization. Healthy Cities—Health Promotion,
www.who.int/hpr/cities/index.htrnl and What is a Healthy City,
www.who.int/hpr/cities/What.html, accessed May 22, 2000. These sites provide additional
information on the multi-dimensional Healthy Cities concept and projects.
October 10,2000 Page 9
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SB 111 Senate Bill-CHAPTERED http://www.leginfo.ca.gov/pub/bill/sen/sb...-0190/sb_115dbill_199910104ohap#ered.htn
BILL NUMBER: SB 115 CHAPTERED
BILL TEXT
CHAPTER 690
FILED WITH SECRETARY OF S'PA'TE OCTOBER 10, 1999
APPROVED BY GOVERNOR OCTOBER 6, 1999 RECEIVED
PASSED THE SENATE SEPTEMBER 10, 1999
PASSED THE ASSEMBLY SEPTEMBER 9, 1999
AMENDED IN ASSEMBLY SEPTEMBER 9, 1999 OCT 2 4 2000
AMENDED IN ASSEMBLY SEPTEMBER 3, 1999
AMENDED IN ASSEMBLY JUNE 23, 1999 CLERK 80A;'C)b�-SUPERVISORS
AMENDED IN SENATE APRIL 14, 1999 C(:;,1'ACOSTA GO.
AMENDED IN SENATE APRIL 5, 1999
AMENDED IN SENATE MARCH 10, 1999
INTRODUCED BY Senator Solis
(Principal coauthor: Assembly Member Romero)
(Coauthors: Senators Alarcon, Baca, Bowen, Chesbro, Hayden,
Ortiz, and Sher)
(Coauthors: Assembly Members Aroner, Firebaugh, Honda, Jackson,
Keeley, Knox, Strom-Martin, and Washington)
DECEMBER 17, 1995
An act to add Section 65040.12 to the Government Code, and to add
Part 3 (commencing with Section 72000) to Division 34 of the Public
Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
SB 115, Solis. Environmental justice.
Under existing law, the Office of Planning and Research serves the
• Governor and his or her Cabinet as staff for long--range planning and
research, and is the comprehensive state planning agency. Existing
law, the California Environmental Quality Act, requires the office to
prepare, and the Secretary of Resources to certify and adopt,
guidelines for use in implementing the act.
Existing law establishes the California Environmental Protection
Agency, which is responsible for enhancing the state's protection of
the environment.
This bill would provide that the office is the coordinating agency
in state government for environmental justice programs. The bill
would require the Director of Planning and Research to consult with
the secretaries of specified state agencies, and other parties to
coordinate the office's efforts and, share specified information with
certain federal agencies, and review and evaluate other federal
information, as provided. The bill would define "environmental
justice" to mean the fair treatment of people of all races, cultures,
and incomes with respect to the development, adoption,
implementation, and enforcement of environmental laws and policies.
The bill would require the California Environmental Protection Agency
to take specified actions in designing its mission for programs,
policies, and standards within the agency, and to develop a model
environmental justice mission statement for boards, departments, and
offices within the agency, by January 1, 2001.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65040.12 is added to the Government Code, to
read:
65040.12. (a) The office shall be the coordinating agency in
1 of 2
SB 115 Senate Bill-CHAPTERED http✓/www.loginfo.cu.gov/pub/bill/seWsb..:0150/sb-1 15_bill-19991010-ehaptered.htn
state government for environmental justice programs.
(b) The director shall do all of the following:
(1) Consult with the Secretaries of the California Environmental
Protection Agency, the Resources Agency, the Trade and Commerce
Agency, the Business, Transportation, and Housing Agency, any other
appropriate state agencies, and all other interested members of the
public and private sectors in this state.
(2) Coordinate the office's efforts and share information
regarding environmental justice programs with the Council on
Environmental Quality, the United States Environmental Protection
Agency, the General Accounting Office, the Office of Management and
Budget, and other federal agencies.
(3) Review and evaluate any information from federal agencies that
is obtained as a result of their respective regulatory activities
under federal Executive Order 12898. -w--�
(c) For the purposes of this section, "environmental justice"
means 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.
SEC. 2. Part 3 (commencing with Section 72000) is added to
Division 34 of the Public Resources Code, to read:
PART 3. ENVIRONMENTAL JUSTICE
72000. The' California Environmental Protection Agency, in
designing its mission for programs, policies, and standards, 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 agency's
development, adoption, and implementation of environmental
regulations and policies.
(d) Improve research and data collection for programs within the
agency 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 agency.
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. For purposes of this section, environmental justice has the
same meaning as defined in subdivision (c) of Section 65040.12 of the
Government Code.
2 of 2
,. r-utx_s t. mt-HL I H RDM 1 N I S 11441 I UN i-HX NU. Uc t. sm Adm 110,Sid-t'''I Y2
PUBLIC AND ENVIRONMENTAL ,
HEALTH ADVISOR''"` BOARD
Dods COPPS(Mn
Lime Cray
Art Hatotwatt
Laura Kurre
Maty LouLaubacher
r L ESOARD
Edith i,gptiwnstain _.�y Mc��.ter�ndorgi Cyctcabcr 2p, 2il0Q
0 tUUUrarktersrcra t4tcat'+taai!
Katy McVasy
Jeffrey Ritt�erman SUPERVISORSMary Rocha STA CO.
t4ick Roditaez The Honorable Board of Supervisors
Bonin Woo a�of�t Contra Costa County
01 551 Pine Street. I"Flour
Thorium Z mn Martin, CA 94553
JJtSO&C14 AftaDerr.Board Members:
Joseph Haley
t ow"KaW an
Grrayn xtctrinasW The Steering Committee of the Public and Environmental Health Advisory
Andres Oueraw Board(PEHAB)has reviewed the t'Cit=dous Materials Commission's Report to
Executive Assistant to the
Public t Unviro amootsk the Contra Costa County Board of Supervisors on Environmental Justice. We
HealthAdvisttry Board would like to request that the Board accept this report and use it in establishing
County policy on this vital topic, In addition.PER" urgcs the Board of
Supervisors to adopt a formal,public statement in support of environmental
justice in Contra Costa.County.
Environmental health and justice is a priority issue for PEHAB. Last year
several PEHAB embers attended the Commission's workshop on
environmental justice,and PEHAB has provided feadback to the Commission
throughout the development of the report. The final vemion,which is before
you,reflects-long and act est stzzdy and thought,as well as a consensus among
very diverse interests on the impolTMta naa3 of environmental justice incur County.
Thank you for your cousideratio n of our request,
Sincerely,
Thomas Zimmerman d` "
Chir.PEHAB
Contra Costa Health Gere oto
507 Gant v Aveme,Wta3 200
Martinez,CA 94553+WO
PHONE:(028)313-6838
FAX:(926)313-8721