- there was broad support for the mission, goals, and ... flyarer caurt bakersfield, ca s3xm3z ~)~~...

San Joaquin Valley AIR POUUflOH CONTROL DISTRICT

.-- e HEALTHY i~ LlVlNE

J. Slwa Mkdtbq, VCcr Ckir &*lmsor, T d m CauRl

DATE:

TO:

FROM:

RE:

February 18,2010

SJVUAPCD Governing Board ,

Seyed Sad red in, Executive ~ i r e c t o r l ~ W 0

ENVIRONMENTAL JUSTICE ADVISORY GROUP IEJAG) EVALUATION AND RECOMMENDED ACTIONS

RECOMMENDATIONS:

1. Approve amendments to the District's Environmental Justice Strategy.

2. Approve the proposed bylaws for the Environmental Justice Advisory Group.

3. Direct the Air Pollution Control Officer to present a follow-up evaluation report to the Governing Board including recommendations for any amendments to the District's Environmental Justice Strategy or bylaws. This report shall be presented to the Governing Board at a regularly scheduled public hearing in the spring of 201 1.

BACKGROUND:

On August 16, 2007, your Board approved the District's Environmental Justice Strategy which included the authorization to create the EJAG. Building on the District's past efforts to promote environmental justice, the new strategy adopted additional measures and commitments to further integrate environmental justice principles into the District's programs and decision-making processes.

The Board action in 2007 followed three years of District staff collaboration with environmental justice advocates and facilitation of public workshops to solicit input from a variety of stakeholders. Although there was broad support for the mission, goals, and measures outlined - R e r n -

34946 Flyarer Caurt Bakersfield, CA S3XM3Z ~)~~ FAX m?) 3925685

SJVUAPCD Governing Board ENVIRONMENTAL JUSTICE ADVISORY GROUP (EJAG) EVALUATION AND RECOMMENDED ACTIONS February 18, 2010

in the Environmental Justice Strategy, there where divergent views on the structure and formation of EJAG in the following areas:

Should the Citizens Advisory Committee (CAC) serve as EJAG? Reporting relationship between EJAG and CAC Reporting relationship between EJAG and the Governing Board EJAG size and'c~m~osi t ion

In consideration of these divergent views concerning EJAG, your Board proceeded with the establishment of EJAG but directed the APCO to prepare an evaluation report, including any suggested changes, six months after the formation of the EJAG. The hope was that a reassessment, aper giving EJAG time to perform, would better serve as a guide to make changes, if necessary. The APCO's evaluation report to the Governing Board was delayed due to unexpected challenges in finding candidates to serve and the time it took for the appointed members to fulfill EJAG7s initial organizational and administrative tasks. Despite major outreach, the District experienced a shortage of interest in serving on the EJAG. The first round of appointments to the EJAG was made in August 2008, filling 9 of the 13 positions. The District has not been able to fill all vacancies on EJAG.

CURRENT COMPOSITION OF EJAG: . -.

EJAG as instituted by your Board is comprised of 13 members as follows:

Eight at-large members, one from each county within the San Joaquin Valley, with experience and interest in representing ethnic and/or low income communities. Two members shall be ethnic, small-business owners. Three members shall be CAC members, one representing each of the three CAC interest groups (City, Industry/Agriculture, and Environmental).

Members of the EJAG are deemed volunteers and are not entitled to any compensation from the District. Members serve two-year terms at the pleasure of the District's Governing Board.

On August 21, 2008, the Board appointed nine of the 13 members to the EJAG. Seats filled:

Jeremy Terhune, San Joaquin County, At-large Rosenda Mataka, Stanislaus Co~~nty, At-large Melissa J. Kelly-Ortega, Merced County, At-large Catherine Garoupa, Madera County, At-large

SJVUAPCD Governing Board ENVIRONMENTAL JUSTICE ADVISORY GROUP (EJAG) EVALUATION AND RECOMMENDED

'

ACTIONS February 18, 2010

Lourdes Medina, Fresno County, At-large Andre Booker, Kings County, At-large Linda MacKay, Kern County, At-large Kevin Hamilton, CAC-~nvironmental Riley Jones, CAC-IndustryIAg

On January 6, 2009, Amarpreet Dhaliwal was recommended to serve as the CAG-City Interest Group Representative to EJAG. On Septeniber 17, 2009, the Board appointed Fabian Ceballos. Mr. Ceballos is the ethnic, small-business owner representative. He resides in San Joaquin County. On January 11,2010, Lourdes Medina submitted her resignation. Ms. Medina was the Fresno County At-large representative. Currently, there are three vacancies on the EJAG. Two are the at-large representatives from Fresno and Tulare Counties and the other is an ethnic, small-business owner.

EJAG WORK TO DATE:

Since the initial appointments by your Board on August 21, 2008, EJAG has held 15 monthly meetings (as of January 2010). Ad-hoc committees of the EJAG have also held several meetings. Initially, EJAG scheduled the regular monthly meetings alternating between mid-day and evening meeting times. Meetings have typically lasted for three hours. At the November 16, 2009 meeting, the EJAG Chair recorr~mended that for the first six months of 201 0, the meetings start at 4:30 pm.

After extensive work, in May of 2009 EJAG adopted a recommended set of bylaws that were forwarded to the APCO for review and eventual presentation to the Board. Another project undertaken by the EJAG was the pursuit of a policy to waive the customary charges (District fees) for production of public information to environmental justice advocates. In November of 2009, EJAG finalized their recommendation for this fee waiver which was forwarded to CAC for their review on February 2, 201 0 before submittal to the APCO for consideration.

Additionally, EJAG has formed three ad-hoc committees with work in progress on the following issues:

Analysis of District's EJ Map (currently being reviewed by the APCO) Developing outreach materials for use by EJAG members Assisting the District with outreach for the Polluting Automobiles Scrap and Salvage (PASS) grant program Developing goals and objectives for 2010


DISTRICT SUPPORT FOR EJAG AC'TIVI'TIES:

The District has invested significant resources in support of the District's Environmental Justice Strategy and the work of EJAG. The District now has two Spanish speaking Air Quality Education Representatives in its Outreach and Communication Department and we have instituted a multilingual interpretation program with a number of District employees providing interpretation services on routine basis. With a major expansion of the District's Healthy Air Living program, including the launch of the only Spanish- language air district website in the nation www.airelimpiovidasana.com, the District is well on its way in establishing effective, direct relationships and cornniul-~ication channels in all communities throughout the Valley. Examples of this include work with ethnic media outlets, District sponsorship and participation in community events organized by various community organizations, multilingual public outreach messaging and advertisement, and District-sponsored community events such as the "Community Chats" and "Business Summits'' that were held last year.

In direct support for EJAG, the District has spent hundreds of hours of staff time providing the following services:

Established a web-page for EJAG identical to that for the Governing Board and CAC with postings of meeting agendas and minutes Prepared and distributed agendas and minutes for all EJAG meetings Presented a summary of rules under development by the District Provided educational presentations on topics requested by EJAG members such as various District's programs or technical issues of interest to EJAG members Provided technical support and responded to all questions raised by EJAG members Provided support for conducing video teleconferencing of all EJAG meeting in the District's three regional offices Provided meals for members attending regularly scheduled EJAG meetings

The District has had several members of its Executive Management and support staff attending and participating at every EJAG meeting.

FINDINGS AND CONCLUSIONS:

This evaluation report was prepared with input from the District staff that have served the EJAG and have participated in the EJAG meetings. Also solicited and received was input from the members of the CAC and the EJAG. This matter was presented for discussion at several CAC and EJAG meetings. Additionally, a draft version of this report was presented to CAC for their review and input on December 1, 2009. After a careful examination of the work done by EJAG and careful consideration of the input


received from a variety of stakeholders, the APCO has reached the following findings and conclusions:

1. Current EJAG members are dedicated individuals with genuine desire to help improve the quality of life for Valley residents. he^ bring unique perspectives and viewpoints that can enrich discussions and help the District in its continuing efforts to maintain a robust environmental justice strategy.

2. The current EJAG members are hard working individuals and have invested a great deal of their personal time in assisting the District with advancing environmental justice.

3. The level of direct involvement in community outreach that is demanded of the EJAG members under the District's current Environmental Justice Strategy is unrealistic. Except for the few EJAG members that belong to advocacy organizations, most EJAG mernbers do not have time for extensive engagement and involvement in community outreach activities.

4. The communication between EJAG and CAC has been less than effective. CAC has not provided clear direction or critique to EJAG concerning their expectations or the quality of work performed by EJAG. On the other hand, EJAG has not provided CAC with a detailed account of their activities.

5. The EJAG agenda has been driven more by itenis of special interest to individual EJAG members rather than by a programmatic approach to achieving the goals and objectives of the District's Environmental Justice Strategy as adopted by the Board.

6. EJAG meetings can be more productive with better attention to customary protocols for conducting PI-~blic meetings and strict adherence to Brown Act requirements. Further training on these matters by the District for the EJAG1s Chair and the members can be extremely beneficial.

7. Although EJAG has worked to provide ample opportunities for input at meetings, public interest and participation in the EJAG meetings has been minimal.

8. Despite extensive outreach, the District experienced a shortage of interest in serving on the EJAG. The first round of appointments to the EJAG was made in August 2008, filling 9 of the 13 positions o i EJAG. For each of these vacancies, there was only one candidate.

9. EJAG has been responsive to the guidance and wishes expressed by District staff. Moreover, EJAG members have demonstrated a genuine desire to fulfill programmatic needs expressed by District staff. As a result, tangible growth in


EJAG's capacity and ability to assess and help advance enviror~mental justice has been achieved in recent months.

DISCUSSION:

The San Joaquin Valley Air Pollution Control District (District) is dedicated to environmental justice and in recent years has worked to incorporate environmental justice into core programs and activities. Environmental justice is defined in California

. law (Government Code section 65040.12.e) as "The fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of all environmental laws, regulations and policies."

Environmental justice continues to be a top priority for the District and a fully functional Environmental Justice Advisory Group can be of tremendous help to the District. In light of the above findings, a number of changes and enhancements are necessary to ensure effectiveness and efficiency of the EJAG as a vibrant and sensible entity that can assist the District in improving quality of life for all Valley residents. Those changes and enhancements are discussed below:

€JAG Composition: To assure that the District can benefit from a variety of perspectives and backgrounds, EJAG membership should continue to maintain ample representation from individuals froni "environmental justice" communities. The unique perspectives and viewpoints that these individuals bring to District policy discussions can be of great value in the District's continuing efforts to maintain an active and effective environmental justice strategy. However, given the degree of difficulty experienced in recruiting EJAG members, the following change is recommended:

The positions now allocated for ethnic, small-business owners will be substituted with CAC members from the CAC Industry/Agriculture interest group, when there is a vacancy which car1 not be filled after two months of diligent effort to recruit outside candidates.

.Current CAC members would bring needed viewpoints from the business sector to the EJAG deliberations and the likelihood and ability to participate will increase with the existing CAC members. More CAC members on the EJAG will also enhance ongoing effective communications between EJAG and CAC which is essential. The proposed amendments to the District's Environmental Justice Strategy incorporate this change.

Fine-tune and Better Define Expectations for €JAG Members: Initially, it was envisioned that EJAG members serve as air quality ambassadors within environmental justice communities by providing air quality education and information on District programs as well as learning about community needs and desires and bringing


them to the District. It has become clear ,that most EJAG members do not have the time and resources to engage in these types of activities on a meaningful scale. Also, some EJAG members have cited "trust issues" with the District and have shown greater comfort in serving in a role primarily as critics of District activities. They have expressed difficulty serving in a role that may come across to some as endorsement of District activities.

Given the major strides that the District has made in direct outreach to environmental justice cornniurrities, the need for direct outreach activities by EJAG members has diminished. A more realistic and productive role by EJAG members would be to serve in an advisory role and provide advice, direction, and critique to the District concerning its continuing efforts to advance environmental justice. This will enable EJAG members to help improve and strengthen District's environmental justice efforts by offering their valued perspectives and ideas without imposing undue hardship on the members. The proposed amendments to the Environmental Justice Strategy and the proposed bylaws will clarify the renewed expectations for the EJAG members.

Focus on Goals and Objectives: EJAG members have proven to be hardworking individuals with great ideas and a genuine desire to improve quality of life for Valley residents. However, the lack of a clear set of goals, objectives and an action plan or process to provide focus has held them back from fulfilling their great potential. EJAG has also been routinely distracted from their work by spending time on items of special interest brought to the group by individual members without a clear tie to the EJAG functions or the immediate tasks at hand. The primary function of the EJAG as outlined by your Board is to assist the District in implementing its Environmental Justice Strategy. To improve EJAG effectiveness and ability to accomplish its primary function, the proposed amendments to the District's Environmental Justice Strategy and the proposed bylaws will provide for the following:

1. Require EJAG to establish goals and objectives, and an action plan to achieve those goals and objectives, at the beginning of each year. EJAG may revise its goals and objectives and the action plan throughout the year as necessary. EJAG goals and objectives shall strictly adhere to the District's Environmental Justice Strategy. The Air Pollution Control Officer in consultation with the CAC shall have the final authority on approving or revising the EJAG's goals and objectives and the action plan.

2. The EJAG Chair shall have the primary responsibility to prepare a proposed agenda for each EJAG meeting with input from the EJAG members, CAC members, the District staff, and tlie merr~bers of the public. The Air Pollution Control Officer may revise the agenda in accordance with the District's Environmental Justice Strategy, EJAG bylaws, the Brown Act, and other applicable requirements. Any disagreements with the Air Pollution Control

SJVUAPCD Governing Board ENVIRONMENTAL JUSTICE ADVISORY GROUP-(EJAG) EVALUATION AND RECOMMENDED ACTIONS February 18, 201 0

Officer concerning the EJAG agenda may be brought to the attention of the CAC by the Chair of the EJAG for resolution. Actions by the CAC shall be binding on the Air Pollution Control Officer.

More Effective Communications between CAC and EJAG: The District's efforts to advance environmental justice can benefit from more effective communications between EJAG and the CAC. EJAG needs to provide more timely and more detailed reports to CAC on their activities, and the CAC in its oversight role needs to pay closer attention to the work performed by EJAG while providing guidance as necessary. Towards that end, the following actions are recommended:

1. Encourage each CAC interest group to send a representative to each EJAG meeting for observation and participation.

2. Encourage EJAG members to attend CAC meetings.

3. As a standing agenda item for each CAC meeting, the District will provide a written surrlmary of the actions taken by the EJAG and issues discussed or considered. This agenda item will also provide for discussion and action by CAC if needed to provide guidance and direction to EJAG.

Enhanced Training and Support for EJAG Members: Reimburse EJAG members for their transportation costs for attending regularly scheduled EJAG meetings, EJAG ad-hoc committee meetings, and CAC meetings. Reimbursement shall be in accordance with the District's standard mileage reimbursement policy. This should ease the hardship on EJAG members and may also increase the interest in serving on EJAG.

Provide District funded or sponsored training opportunities for EJAG members that will better equip and enable EJAG members to serve.

FISCAL IMPACT:

The District's 2009-1 0 Budget includes appropriations in the amount of $1,500 designated for funding of Environmental Justice activities. Therefore, no modification of the District Budget is necessary. If approved by the Board, necessary funding for training and transportation will be included in future District budgets.

Attachment: ,

Environmental Justice Strategy (1 8 pages) Environmental Justice Advisory Group Bylaws (3 pages)

AIR POLLUTIION! CONTROL DISTRICT

ENVIRONMENTAL JUSTICE S'TRATEGY

Adopted: August 2007

Amended: February 18, 2010

SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

Environmental Justice Strategy August 2007

1. PURPOSE

The San Joaquin Valley Air Pollution Control District (the District) is dedicated to the achievement of Environmental ~ustice'. In recent years the District has sought to expand multi-lingual outreach through its marketing and advertising campaigns. Furthermore, the District is committed to an open and transparent public participation process in all activities including the permitting process, rule making, plan development and enforcement. The District is committed to identification, public notification and risk reduction through its Air Toxics Hot Spots program2. Using the California Environmental Quality Act (CEQA)) process the District has provided valuable technical expertise on land-use decisions throughout the Valley. The District responds to public complaints with thorough investigations, implementation of necessary corrective actions, and feedback and communication with the complainants.

The District has developed this Environmental Justice Strategy to identify and address any gaps in existing programs, policies and activities that may impede the achievement of environmental justice. This strategy is the overarching environmental justice vision for the District. It sets forth the mission and goals that will guide the District in further integrating environmental justice into programs, policies and activities.

The Environmental Justice Strategy is the product of collaboration between District staff and EJ advocates. It creates a foundation to further address environmental justice issues; shall be reviewed regularly; and shall be reevaluated and revised as necessary in consideration of evolving environmental justice issues, programs, policies and activities.

1 Environmental Justice (EJ) is defined in California law (Government Code section 65040.12.e) as "The fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of all environmental laws, regulations and policies."

AB 2588 (Connelly) Air Toxics "Hot Spots" Information and Assessment Program: A California program (Health and Safety Code Section 44300 et seq.) which requires certain stationary sources to report the type and quantity of specific toxic substances they routinely release into the air. The program identifies high priority facilities and requires facilities posing significant risks to notify all exposed individuals, htt~://www.arb.ca.qov/html/qloss.htm.

The California Environmental Quality Act was adopted in 1970 and incorporated in the Public Resources Code 5521000-21 177. Its basic purposes are to: inform governmental decision makers and the public about the potential significant environmental effects of proposed activities; identify ways that environmental damage can be avoided or significantly reduced; require changes in projects through the use of alternatives or mitigation measures when feasible, and; disclose to the public the reasons why a project was approved if significant environmental effects are involved. CEQA applies to projects undertaken, funded or requiring an issuance of a permit by a public agency. The analysis of a project required by CEQA usually takes the form of an Environmental Impact Report (EIR), Environmental Impact Statement (EIS), Negative Declaration (ND), or Environmental Assessment (EA). CEQA is a self-executing statute. Public agencies are entrusted with compliance with CEQA and its provisions are enforced, as necessary, by the public through litigation and the threat thereof. ~ ~ ~ D : / / w w w . c ~ ~ ~ s . c ~ . ~ o v / c ~ u ~ / .



This strategy builds upon the work already begun by District staff. It formalizes current and future actions and expands the District's commitment to protect the health of Environmental Justice communities4 and all Valley residents. The purpose of this strategy is to build a framework that can be used by the District to protect the health of Valley residents that may be disproportionately affected by air pollution.

4 Executive Order 12898 (http://www.epa.qov/compliance/resources/~olicies/ei/exec order 12898.pdf) defines environmental justice communities as minority and low-income populations with disproportionately high and adverse human health or environmental impacts.



II. STRATEGY DEVELOPMENT

A. Process

In fall 2004, a group of Environmental Justice advocates requested that District staff meet with them to discuss issues of concern and address questions relating to .

Environmental Justice. District staff met with these EJ advocates and discussions led to ,the possible development of a formal Environmental Justice Strategy. The result of that initial meeting was a series of discovery meetings between key District staff, including the APCO, and EJ advocates. Between fall 2004 and summer 2007, these entities met to draft the preliminary EJ mission, goals and action items which has been work shopped through this Environmental Justice Strategy process.

As part of the formal strategy development process, the District also solicited input from the Citizen's Advisory Committee (CAC) in June of 2006 and again in June of 2007. The CAC, which represents a broad range of industrial, governmental and environmental interests, provided comprehensive feedback on the development of the strategy.

Additionally, District staff conducted ,three public workshops ,throughout the San Joaquin Valley in October of 2006 and July of 2007. Workshops were held both during the day and in the evening at both District offices and an outside location. The purpose of the workshops was to present the specifics of the Environmental Justice Strategy and to collect information for utilization in developing the final Environmental Justice Strategy document. District staff also solicited and received written comments from interested parties and stakeholders.

All comnients and responses to comments are catalogued in Appendixes E and F of this document.

B. Timeline

The tentative schedule for public hearing before the Citizens Advisory Committee (CAC) was the third quarter of 2007. Public workshops occurred both before and after review by the CAC.



Ill. BACKGROUND

The District serves the eight-county area in Central California from San Joaquin County in the north to the valley portion of Kern County in the south. Over the past 25 years, prior to and since unification, the District has worked collaboratively with local stakeholders and interest groups to make substantial progress toward achieving federal and state air-quality standards. The region experienced an 80% reduction in the nurrlber of violations of ,the federal one-hour ozone standard between 1980 and 2006. Furthermore, three consecutive years without any exceedence of the PMIO standard allowed the region to apply for and receive PMIO attainment status in 2006. Innovative strategies and groundbreaking rules, such as the Indirect Source Review, the Residential Fireplace Curtailment Program, and Conservation Management Practices, have allowed the region to become a world leader in air-quality management despite topographical and meteorological challenges.

Although significant progress has been made, the San Joaquin Valley is still not in attainm'ent with the health-based ambient air quality standards for the eight-hour ozone and PM 2.5.

Today, the region is experiencing tremendous growth. According to the Great Valley Center's 2005 Indicators Report, the Valley's population is expected to grow by 24% between 2000 and 201 05. This dramatic rise in population will take the Valley from its current population of roughly 3.7 million people in 2000 to more than 4 million people in 201 0.

Tulare and Fresno Counties have the highest rates of poverty in the state at 24% and 23% respectively, while California's rate is 14.2%. Thirty-seven percent of children in the Valley live in poverty, which is well above the statewide average of 22%. In 2005, the Brookings lnstitution reported that the city of Fresno had population clusters with the highest rates of poverty in the nation, surpassing even a pre-Katrina New ~ r l e a n s . ~ Although the District is committed to addressing the needs of the entire.region, the District acknowledges the finding of the Brookings lnstitution that certain communities may be disproportionately impacted by poor air quality.

Furthermore, the Valley has a diverse racial demographic profile. According to the California Research Bureau, 45% of Valley residents classify themselves as being white or Caucasian; 41% of Valley residents classify themselves as being Hispanic or Latino; 5% Valley residents classify themselves as being Asian-American; 4% of Valley residents classify themselves as being African-American; 1% of Valley residents classify themselves as being Native-American; and 4% of Valley residents classify

5 , Great Valley Center, "Assessing the Region Via Indicators; The Economy 1999-2004", January 2005.

6 The Brookings Institution, "Katrina's Window, Confronting Concentrated Poverty Across America",

October 2005.



themselves as being of some other race.7 Finally, the Valley has a high percentage of English learners. Twenty-four percent of the students enrolled in Valley schools are classified as English learners. These statistics indicate a diverse and dynamic population with varying needs. This Environmental Justice Strategy is intended to reflect and serve the needs of low-income and people of color communities.

According to the recommendations of the CalIEPA Advisory Committee on Enviror~mental Justice, "The Environmental Justice movement is deeply rooted in civil rights, and the struggles of people who have historically been marginalized. In their fight to be treated fairly and accorded equal protection under all of our nation's laws, they have demanded equal protection of their health and en~ironment."~

Environmental Justice initiatives have both a federal and state historical framework. Title VI of the 1964 Civil Rights Act states, "No agency receiving federal funding shall exclude from participation, deny the benefits to, or discriminate against any person on the basis of race, color, or national origin.lVg

Furtherniore, Environmental Justice was extended to address disparity among economic groups in 1994, when a newly inaugurated President Clinton issued Executive Order 12898: 'Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations.' The executive order states, "To the greatest extent practicable and permitted by law ... each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effect of its programs, policies and activities on minority populations and low-income populations in the United States.. . . 181 0

In the late 1990s and early 2000s, the state of California passed several laws that further defined and developed Environmental Justice policies on a statewide level. For example, SB 115 established the Office of Planning and Research as the coordinating agency for Environmental Justice Policy throughout state government11, AB 1553 addressed the guidelines for cities and counties to utilize when incorporating Environmental Justice into general plans'2, and AB 1390 requires air districts to target 50% of incentive funding under Carl Moyer and the school bus program at

7 California Research Bureau, "San Joaquin Valley: Selected Statistics on Population, Economy and

Environment," May 2002 8

California Environmental Protection Agency (CALIEPA) Advisory Committee. "Recommendations of the California Environmental Protection (CALIEPA) Agency Advisory Committee on Environmental Justice to the CALlEPA Interagency Working Group on Environmental Justice; Final Report," September 20, 2003 9 http://www. usdoi.qovlcrtlcor/coord/titlevi. htm 10 http://www.fs.fed.us/land/enviust. html\ l 1 http://leqinfo.~ublic.ca.qov/~ub/99-00/bill/sen/sb 01 01 -01 50Isb 1 15 bill 19991 01 0 chaptered.pdf 12 http://www.calepa.ca.qov/Leqislation/20Ol/Chaptered.htm



communities most significantly affected by air pollution and/or communities with high minority 1 low-income demographics.13

Environmental Justice policy development in California continues to evolve, and the San Joaquin Valley Air Pollution Control District's Environmental Justice Strategy intends to both contribute to and guide that evolb~tion for years to come. Towards that end, the San Joaquin Valley Air Pollution Control District will fully adhere to state law and will be consistent with state and federal Environmental Justice policies.

Continuing challenges necessitate an increased District focus* on Environmental Justice. Improved partnerships with all members of the community are necessary not only to improve public education and involvement in the public decision-making process, but also to address the need for increased funding from state and federal government to reach air quality goals. Increases in the funding of school bus upgrades and goods movement infrastructure, and greater effort by the state and federal government to control mobile source emissions are just a few examples of how a strong relationship between the District, Environmental Justice organizations, and business representatives might produce quantifiable emission reductions in the Valley.



IV. STRATEGIC DIRECTION

The District's Environmental Justice Strategy's mission, goals and action items provide the roadmap by which the District will be guided in integrating environmental justice principles into all programs, policies and activities.

A. Environmental Justice Mission

The San Joaquin Valley Air Pollution Control District (the District), a public-health agency protecting the health of all San Joaquin Valley residents, is committed to the fair treatment and meaningful involvement of all people regardless of race, color, gender, national origin, or income with respect to the development, implementation and enforcement of air pollution control laws, regulations and policies. The District will continue to incorporate Environmental Justice (EJ) principles in its decision- making processes, programs, permitting, and rule making, as well as provide timely and complete access to information.

B. Goals

The District's Environmental Justice Mission will be accomplished by the following goals:

1. Provide effective tools, resources and opportunities for Valley residents and community-based organizations to identify issues of interest and concern.

2. Provide accessible venues for Valley residents to receive education and information about air-quality challenges and current District air quality actions while facilitating the active and meaningful participation of individuals and communities in the decision-making process and in the implementation of effective solutions.

3. Take a proactive role in providing guidance to local land-use decision-making agencies to implement reasonably feasible measures to prevent disparate environmental impacts to local communities, and minimize the impacts from existing and' new sources.

4. Work to quantify and pursue reasonable regulatory and incentive based- programs that mitigate toxic emissions on those communities disproportionately impacted by multiple sources. Initially these efforts will be focused on low income and ethnic communities as those communities have historically been the focus of EJ. Identify and address those communities that may be disproportionately impacted by air pollution, and work to develop reasonable strategies to address this disparity.

SAN JOAQUIN VALLEY UNIFIED AIR POLLU'I'ION CONTROL DISTRICT


5. Provide public notification to impacted communities when exposure to significant air-toxics events occurs, and work to eliminate risk associated with

. .

these events.

6. To increase environmental justice awareness and understanding, District staff will be provided training on Environmental Justice.

C. Achieving the Goals

The District's Environmental Justice Strategy provides a comprehensive, long-term, overarching vision, as reflected in the enviror~mental justice goals. The environmental justice goals, activities and initiatives outline both current and future steps necessary toward fulfilling the District's mission.



V. ONGOING ACTIVITIES

The District's commitment to Environmental Justice spans beyond the context of this strategy. The District is currently engaged in several ongoing programs to improve communication and access to and involvement from all members of the public.

1. Community Access and Involvement

a. Until the formation of the Environmental Justice Advisory Group, tThe District #ae&bks

. . facilitated monthly "Community Meetings," and EJ

cmhwes-continued to be a focus of Ms-gwupthese meetings.

b. The District provides, as requested, real-time interpretation services for high-profile and EJ-focused forums or meetings.

c. The District will provide mass transit information to facilitate travel to the three District offices while also providing scholarship funds for EJ representatives to attend important District meetings.

d. The District conducts outreach to EJ organizations for nominations for the CAC Environmental Representative vacancies.

e. The District web-casts the video and audio from Governing Board meetings in real-time.

f. The District will continue to provide meaningful opportunities for EJ advocates and all interested parties to fully participate in the rule development process.

g. The District will provide EJ advocates and the public rule development and supporting documents, upon request.

2. Multi-Lingual Outreach and Access

a. The District has hired a Spanish-speaking outreach representative. This outreach representative will foster a strong relationship with the non-English speaking media outlets to ensure a high level of media coverage.

b. The District produces outreach materials and advertising campaigns in multiple languages and provides multi-lingual outreach literature for schools.



c. The District encourages public participation in the permitting process, and will work to provide easy to understand summaries of plans and reports of interest in multiple languages.

d. The District supports multi-lingual collaborative outreach activities, such as the American Lung Association Air Quality Flag Program.

3. Risk Reduction

a. The District implements the rigorous requirements of the Air Toxics Hot Spots program and will place the ARB Toxics Hot Spot link and additional toxics information on the website. The District will continue to develop and enforce regulations for control of toxic air-contaminant emissions. The District will maintain an up-to-date registry of sources of significant air toxics and facilitate access to this information via the website.

b. The District performs public health evaluations as part of the perrnitting process for new and modified sources, and responds to all ~ o m ~ l a i n t s ' ~ . The District will also effectively communicate the public health study results of significant risks to the public.

4. Economic Incentives for Accelerated Mitigation

The District will seek to work collaboratively with EJ advocates and other stakeholders to support key legislation and other action to secure increased state and federal funding for mobile, stationary, and indirect source mitigation.

14 A "complaint" is when a member of the public has filed a concern or grievance with the District either verbally or in writing. A District inspector then investigates the reporting individual's complaint to see if a rule violation has occurred.



VI. NEW INITIATIVES Through these initiatives the District plans to build upon current Environmental Justice strengths to better serve the needs of all Valley residents.

I. Advisory Committee

The District will establish an Environmental Justice Advisory Group (EJAG) to

. . . . . . . serve in an advisory role and provide

advice, direction and critique to the District concerning its continuing efforts to advance environmental justice. This group will review overarching District programs and strategies to provide feedback.

Environmental Justice Advisory Group

Function: The EJAG will be formed to asisbprovide advice and guidance to the 1 District with respect to the implementation of the Environmental Justice Strategy. The EJAG shall serve as a forum to gather public input and enhance public participation. The EJAG shall not have any regulatory or administrative role in the District's permitting, enforcement, planning or rule making activities. Tlie EJAG reports to the Governing Board through the Citizens Advisory Committee (CAC). Duties of the EJAG include the following:

1. The EJAG will advise the District in identifying opportunities for providing compliance assistance to businesses impacting ethnic and/or low-income cornniurrities.

2. The EJAG will advise the District in pronioting comniur~ity outreach efforts and in identifying opportunities and strategies for increasing participation by ethnic and low-income communities in air quality management.

3. The EJAG will advise the District in increasing meaningful community . .

participation- by providing public venues and opportunities for community involvement.

4. The EJAG will fac&We . .

advise the District on strategies for continued improvements in outreach and communication with all Valley residents focusing on ethnic and low-income communities.

5. The EJAG will advise the District in implementing public education and outreach programs for community members.

6. The EJAG shall compile and present an annual EJ strategic update to the CAC.



7. The EJAG shall meet at least quarterly.

8. The EJAG shall report monthly to the CAC.

9. The EJAG will advise the District in the development of analytical tools and training protocols to aid the District in addressing the needs of the EJ commurrities.

10. The EJAG will establish goals and objectives, and an action plan to achieve those goals and objectives, at the beginning of each year. EJAG may revise its goals and objectives and the action plan throughout the year as necessary. EJAG goals and objectives shall strictly adhere to the District's Environmental Justice Strategy. The Air Pollution Control Officer (APCO) in cons~~ltation with the CAC shall have the final authority on approving or revising the EJAG's goals and objectives and the action plan.

Member Qualifications: Members should have a demonstrated interest andlor experience in air-quality issues and in representing Valley residents and businesses, especially ethnic and low-income communities.

Membership: EJAG will be comprised of 13 members. All members must be residents of the San Joaquin Valley. Eight of these members, one from each county within San Joaquin Valley, must have experience and interest in representing ethnic andlor low income communities.

Two of the members shall be ethnic small business owners. In the event that the APCO determines that a vacant ethnic, small business owner position cannot be filled after two months of diligent effort, the vacant position will be filled withxa CAC member from the CAC IndustryIAgriculture interest group.

Three members shall be CAC members, one representing each of the three CAC interest groups. CAC nierr~bers may apply for additional EJAG membership positions provided that they meet the above specified criteria. Members of the EJAG are deemed volunteers and are not entitled to any

I compensation from the District.

The Governing Board may also appoint alternates for the above-designated members.

Members shall-serve two-year terms at the pleasure of the District's Governing Board.



Appointments: EJAG members shall be appointed by the District Governing Board. The District shall publicly give notice of openings on the EJAG, and the CAC shall solicit "Applications of Interest" from throughout the Valley. Additionally, notice shall be given to EJ advocacy groups, ethnic chambers of commerce, and other ethnic community leaders and policy makers.

For the initial appointments and for future vacancies, the APCO shall form an EJAG Appointment Subcorr~mittee comprised of 3 CAC members one representing each CAC interest group, 2 nienibers from the EJ advocacy groups, and one member of the District staff. The Subcommittee shall review all applications, evaluate candidates qualified to fill vacancies, and provide formal recommendations to the Governing Board for appointments to the EJAG.

The Governing Board shall have final approval of all appointments to the E JAG.

Reporting: r c c P Thn P

as-w&d All communications, including reports and recommendations, to members of the District Governing Board shall be routed through the Citizens Advisory Committee (CAC) unless directed otherwise by the Governing Board. For administrative matters, the EJAG may provide reports or advice directly to the APCO upon request by the APCO. The CAC shall be copied on any communication between the District Governing Board, the EJAG and the APCO that are not routed through the CAC.

EJAG needs to provide timely and detailed reports to CAC on their activities, and the CAC, in its oversight role, needs to pay close attention to the work performed by EJAG while providing guidance as necessary. Towards that end, the following actions will be taken:

1. Encourage each CAC interest group to send a representative to each EJAG meeting for observation and participation.

2. Encourage EJAG members to attend CAC meetings.

3. As a standing agenda item for each CAC meeting, the District will provide a written summary of the actions taken by the EJAG and issues discussed or considered. This agenda item will also provide for discussion and action by CAC if needed to provide guidance and direction to EJAG.

Travel Reimbursement: EJAG members will be reimbursed their transportation

. .



costs for attending regularly scheduled EJAG meetings, EJAG ad-hoc committee meetings, and CAC meetings. Reimbursement shall be in accordance with the District's standard mileage reimbursement policy.

-Outreach and Training Opportunities

a. The District will hostaseries sf "u

. . . )kb outreach events targeted at the environmental justice -communities as part of the Healthy Air Living initiative. The goal of these events will be to engage the environmental justice corr~munity and to educate individuals about current air-quality issues and actions they can take to help improve air quality in the Valley.

. . . . . b. -2 c e r ? e sc-

pubhe- The District will provide EJAG members training on a variety of issues including Robert's Rules of Order, the Brown Act, and other topics which will better equip and enable EJAG members to serve.

3. Multilingual Technology Support

The District will continue to enhance the Spanish-language components to www.vallevair.orq and www.vidalimpiovidasana.com. The District will continue to post real-time air quality data on its website and provide easy-to-understand . . explanations in Spanish. Tk" 2 cs,mpmen#e

I T i . .

4. Land-Use Decision Guidance

The District will work to develop a methodology to quantify the cumulative impactq5 of proposed projects, taking into account outdoor pollution exposure and indirect contributors to risk, while also complying with the CEQA process. District will work to develop a Guidance Document that incorporates EJ goals and concepts into land-use decisions. The District will review and build upon current

15 A 'cumulative air quality impact" often is often used to describe possible health and nuisance impacts potentially related to a neighborhood's cumulative emissions from sources that individually comply with local, state and federal rules.

SAN JOAQUIN VALLEY UNIFIED AIR P.OLLUTlON CONTROL DISTRICT


work being completed by other agencies and districts that provides guidance on the quantification of cumulative impacts.



VII. CONCLUSION

With this Environmental Justice strategy, the San Joaquin Valley Air Pollution Control District provides the overarching vision and leadership toward ensuring all San Joaquin Valley residents benefit from healthier air as a resl-~lt of the operation or execution of our programs, policies, and activities. The District is dedicated to the integration of environmental justice principles and goals into our public health and air-quality programs, policies and activities.

In working to ensure that all San Joaquin Valley residents are afforded fair treatment, accessibility, and protection in a clean, healthy environment; the District is also working to improve the productivity of our workforce and, thus,.helping to build a stronger economic climate in the Valley. The District seeks to build upon the mutually beneficial relationship between a healthy environment and our economy, comm~~nities and quality of life.

The District's Environmental Justice strategy's mission, goals and action items shall provide the framework upon which the District will be guided in achieving further environmental justice Valley-wide. As a living document, this strategy shall be reviewed within a year of its adoption, and regularly revised as necessary in consideration of evolving environmental justice issues, programs, policies and activities.



I VI. ACKNOWLEDGEMENTS I

This environmental justice strategy is the product of collaboration among the San Joaquin Valley Air Pollution Control District and environmental justice advocates. The development of this strategy could never have been completed without the corr~mitment and input of these individuals. The District wishes to thank all who participated in this effort.

.Liza Bolaiios, Central Valley Air Quality Coalition

Susana DeAnda, Center on Race, Poverty and the Environment

Teresa DeAnda, Californians for Pesticide Reform & El Comite Para el Bienestar de Earlimart

Christine Foster, Tulare County Asthma Coalition

Catherine Garoupa, Central Valley Air Quality Coalition

Sandra Guzman*, Native American Health Center

I Kevin Hamilton, RRT, Medical Advocates for Healthy Air

Rey Leon, Latino Issues Forum

Rosenda Mataka, Grayson Neighborhood Council

Tracy Pepper, League of Women Voters

Sarah Sharpe, Coalition for Clean Air

Carolina Simunovic, Fresno Metro Ministry & Central Valley Air Quality Coalition

Daniela Simunovic, Center for Race, Poverty and the Environment

Toulu Thao; Hmong American Political Association

*The EJ advocates would like to acknowledge the substantial contributions from Sandra Guzman, a native from the San Joaquin Valley and past board member to the Native American Health Center. Sandra Guzman passed on in late 2005.

San Joaquin Valley Unified Air Pollution Control District

Environmental Justice Advisory Group BYLAWS

I. AU'THORITY: The Environmental Justice Advisory Group (EJAG) was fornied, in accordance with the District's Environmental Justice Strategy approved August 2007, to assist the District with the implementation of the Environmental Justice Strategy. The EJAG shall serve as a forum to gather public input and enhance public participation. The EJAG shall not have any regulatory or administrative role in the District's permitting, enforcement, planning or rule making activities. Nothing in these bylaws shall be interpreted as giving EJAG any authority other than those granted by the District Governing Board in the District's Environmental Justice Strategy.

II. MEMBERSHIP, APPOINTMENT PROCEDURES, AND TERMS OF APPOINTMENT: EJAG membership, appointment procedures, and terms of appointment shall be as established in the District's Environmental Justice Strategy.

Ill. TERMINATION OF EJAG MEMBERSHIP: EJAG members shall serve at the pleasure of the ~ i s t r i c t ' ~ Governing Board. EJAG membership may be terminated by action of the merr~ber or formal action of the District Governing Board. Any member of the EJAG may resign from the group at any time by notifying the Chair. The EJAG Chair may recommend removal of a member who fails to attend three consecutive meetings of the group, without excuse.

IV. MISSION AND SCOPE: The EJAG's mission is to advise the District on how to integrate environmental justice principles into all programs, policies, and activities. EJAG members shall serve in an advisory role and provide advice, direction, and critique to the District concerning its continuing efforts to advance environmental justice. While EJAG members may assist the District in crafting effective public education and outreach strategies, they shall not be held responsible for direct engagement on public outreach activities on behalf of ,the District. The EJAG may provide recommendations on how the District can best acco~nplish the goals outlined in the District's Environmental Justice Strategy and may assist in updating them as needed.

V. . REPORTING RELATIONSHIPS: All communications, including reports and reconimendations, to members of the District Governing Board shall be routed through the Citizens Advisory Cornrr~ittee (CAC) ur~less directed otherwise by the Governing Board. For administrative matters, the EJAG may provide reports or

February 18, 2010 Page I of 3

advice directly to the Air Pollution Control Officer (APCO) upon request by the APCO. The CAC shall be copied on any communication between the District Governing Board, the EJAG and the APCO that are not routed through the CAC.

VI. GOALS AND OBJECTIVES: For each calendar year, EJAG shall establish goals and objectives, and an action plan to achieve those goals and objectives. EJAG may revise its goals and objectives and the action plan throughout the year as necessary. EJAG goals and objectives shall strictly adhere to the District's Environmental Justice Strategy. The Air Pollution Control Officer in consultation with the CAC shall have the final authority on approving or revising the EJAG's goals and objectives and the action plan.

VII. EJAG MEETINGS AND AGENDA: EJAG meetings, activities, notices, and agendas are subject to the requirements of the Ralph M. Brown Act. All EJAG meetings and EJAG sub-committee meeting shall be conducted in accordance with Robert's Rules of Order. All EJAG meetings, including all meetings of the standing sub-committees of the EJAG shall be open to the public. The District shall provide public notice of the availability of the EJAG meeting agenda and all associated reports and documents at least 72 hours prior to the public meetings. The District shall provide a copy of the agenda and all supporting documents to the EJAG members at least seven calendar days prior to the public meetings. The EJAG Chair shall have the primary responsibility to prepare a proposed agenda for each EJAG meeting with input from the EJAG members, CAC members, the District staff, and the members of the public. The Air Pollution Control Officer may revise the agenda in accordance with the District's Environmental Justice Strategy, EJAG bylaws, the Brown Act, and other applicable requirements. Any disagreements with the Air Pollution Control Officer concerning the EJAG agenda may be brought to the attention of the CAC by the Chair of the EJAG for resolution. Actions by the CAC shall be binding on the Air Pollution Control Officer. EJAG agendas shall be posted in Spanish on the District website and made available in Spanish when needed.

VIII. EJAG ORGANIZATION: The EJAG Chair shall be selected by recorded majority vote of the EJAG and serve a term of two (2) years. The EJAG Vice-Chair shall be selected by recorded majority vote of the EJAG and serve a term of one (1) year. Should the EJAG be unable to elect a succeeding Chair or Vice-Chair prior to expiration of their term, the succeeding Chair or Vice-Chair shall be appointed by the Air Pollution Control Officer. The Chair, in consultation with the Air Pollution Control Officer, shall determine the date, time, and place of EJAG meetings, and ensure that EJAG members are properly notified. The Chair will also be responsible for appointing EJAG members to serve on sub-committees and workgroups. Additionally, the Chair shall conduct EJAG meetings under Robert's Rules of Order.

February 18, 2010 Page 2 of 3

IX. QUORUM AND VOTING: The presence of a simple majority of current membership shall constitute a quorum for transaction of business and no vote shall be taken without a quorum present. Actions by EJAG shall require a majority vote of the members present. These quorum and voting rules shall also apply to actions by EJAG's standing sub-committees.

X. AMENDMENTS OF BYLAWS: These bylaws can be amended only by formal action by the District's Governing Board.

February 18, 2010 Page 3 of 3

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