As part of its longstanding efforts to be on the forefront of effective and comprehensive environmental legislation, California has passed a bill to address the disproportionate impact of pollution in low-income communities. The legislation, AB 2616, requires a member of the California Coastal Commission (Commission), which regulates development along the coast, to live and work closely with low income communities to tackle environmental inequities. The bill specifically requires “environmental justice” (as defined in the state law) to be taken into account when the Commission issues decisions or reviews appeals. The current bill joins past legislation (AB 2722, AB 1550, SB 32 and AB 197) aimed at environmental reform in underprivileged communities

AB 2616 requires the Commission to implement policies to ensure “the equitable distribution of environmental benefits in communities throughout the state.” Specifically, the bill calls for an increase in investments in affected communities with $140 million from the Greenhouse Gas Reduction Fund. Prior environmental legislation (AB 1550) mandated that at least 25% of funds in the Greenhouse Gas Reduction Fund be allocated for the benefit of residents in low income communities. In addition, a large portion of that fund was to be distributed to households whose incomes fall significantly below the poverty level.

SB 32 and AB 197 have also been critical in instituting environmental reform in affected communities. These bills set forth targets for reducing greenhouse gases and specifically protect poor, highly polluted regions. Greenhouse gases in these areas are often more concerning because they are combined with lethal toxins in the environment and pose a larger threat to residents. Legislators contend that the needs of these communities are not adequately addressed to a large extent. Therefore, these residents do not reap the benefits of California’s rigorous environmental policies. In setting forth this legislation, the state hopes to demonstrate its commitment to expanding California’s climate protection policy to all communities and reduce the disproportionate share of environmental damage inherited by poor and minority populations.

Contact Shane Coons at 949-333-0900 or visit his website at www.ShaneCoonsLaw.com to find out more about his practice.