Environmental Justice FAQs - Public Adviser - California Energy Commission

The concept behind the term "Environmental Justice" is that all people - regardless of color, income, national origin or race - are able to enjoy an equal level of environmental protection.

California law defines EJ as:

"...the fair treatment of people of all races, cultures and income with respect to the development, adoption, implementation and enforcement of environmental laws, regulations and policies." (Government Code Section 65040.12 and Public Resources Code Section 72000)

The federal Environmental Protection Agency (U.S. EPA) offers a similar basic definition with further definitions of key terms (highlighted in bold print below) in the basic definition:

"Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation and enforcement of environmental laws, regulations and policies. Fair treatment means that no group of people, including a racial, ethnic, or a socioeconomic group, should bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal or commercial operations or the execution of federal, state, local and tribal programs and policies. Meaningful involvement means that: (1) potentially affected community residents have an appropriate opportunity to participate in decisions about a proposed activity that will affect their environment and/or health; (2) the public's contribution can influence the regulatory agency's decision; (3) the concerns of all participants will be considered in the decision making process; and (4) the decision makers seek out and facilitate the involvement of those potentially affected." Under this definition, Environmental Justice is achieved when everyone - regardless of race, culture or income--enjoys the same degree of environmental protection and equal access to the decision making process to reach and preserve a healthy environment.

What are the laws, guidelines and policies on Environmental Justice?

Federal

US Constitution (equal protection);

Title VI of the 1964 Civil Rights Act (nondiscrimination in programs and activities funded with federal money);

Executive Order #12898 of 1994 (established the federal EJ program); and

EPA's 1998 EJ Guidance (provides details and guidance for implementing the federal EJ program).

State

California Constitution (equal protection);

Government Code Section 65040.12 (defines EJ and designates the Office of Planning and Research (OPR) as coordinator for state EJ program);

Government Code Section 65040.2 (requires the OPR to develop EJ guidelines for local General Plans);

Public Resources Code Section 71110 et seq. (establishes EJ program in Cal EPA with specific requirements for developing EJ policy, strategy and guidelines); and

California Resources Agency EJ policy (directs entities under its jurisdiction - including the California Energy Commission - to consider EJ in their environment-related decision making process). Website: http://resources.ca.gov/

How is Environmental Justice Considered at the Energy Commission?

The Energy Commission has been providing environmental justice-related information since 1995, as part of its thorough California Environmental Quality Act (CEQA) analysis of applications for siting power plants and related facilities. The Commission's EJ approach is consistent with the U.S. EPAÔs 1998 EJ Guidance and it is in conformance with the California Resources Agency's EJ policy. The approach consists of: (1) specific public outreach efforts, in conjunction with the Public Adviser's Office, to notify, inform and involve community members, including non-English speaking people; (2) analysis of the applicable demographics to determine the percentage of minority and low-income population living in the potentially affected area; and (3) assessing the potential environmental and health impacts of the proposed project.

To get more information about the approach described above, and specifically its EJ-related components, please go to: www.energy.ca.gov/env-justice/staff_env_justice_approach.html

Where can I get additional information regarding EJ?

Additional EJ information may be obtained from the following websites:

U.S. EPA:
www.epa.gov/compliance/environmentaljustice/

Cal EPA:
www.calepa.ca.gov/EnvJustice/

Governor's Office of Planning and Research (OPR) 2003 report on Environmental Justice in California state government:
www.opr.gov/publications/PDFs/OPR_EJ_Report_Oct2003.pdf (PDF file)

NOTICE: Distributed by the Public Adviser's Office. This is for informational purposes only. It is designed to assist you in understanding the process. It is, therefore, general in nature and does not discuss all exceptions and variations.

Page Updated: