71080-71082

PUBLIC RESOURCES CODE
SECTION 71080-71082




71080.  The Legislature finds and declares the following:
   (a) Traditionally, many of California's environmental programs
have assessed their performance using measures of activity,
including, for example, the number of permits granted or regulatory
standards adopted. Addressing the complex environmental challenges of
the 21st century will require new approaches that rely on better
information from objective and scientifically based environmental
indicators. Over the years, substantial efforts have been devoted
toward this end, yet historically there have been very few
meaningful, objective measures with which to determine the
environmental impacts of these efforts.
   (b) The California Environmental Protection Agency has made a
commitment to move away from measures of activity, and instead focus
on measurable environmental results to judge program performance. To
support this commitment, the California Environmental Protection
Agency established the Environmental Protection Indicators for
California (EPIC) Project in 2000, and charged EPIC with developing
and maintaining a comprehensive set of environmental indicators,
which are scientific measurements of environmental conditions and
trends. To ensure that the development of indicators was based on
sound science, the California Environmental Protection Agency
designated its Office of Environmental Health Hazard Assessment to
lead the effort. The California Environmental Protection Agency,
working in partnership with the Resources Agency and in cooperation
with the Department of Health Services, released a report containing
the initial set of 84 environmental indicators in April 2002.
   (c) Objective and scientifically based environmental indicators
improve our understanding of the environment and how human activities
and other factors can influence it. The indicators establish a
scientific basis for evaluating the effectiveness of environmental
programs and identifying the need for specific actions to improve
environmental conditions throughout the state and the
disproportionate impact on low-income communities and communities of
color. Decisions to create, modify, or eliminate California
Environmental Protection Agency policies and programs need to be
driven by information reflected by environmental indicators; and, to
the extent feasible, budget decisions should include a reference as
to how the proposed change is intended to impact a relevant
environmental indicator.
   (d) To ensure the credibility of objective and scientifically
based environmental indicators, a qualified scientific body with
expertise in environmental and public health protection should
provide input into the selection and development of the indicators.
   (e) To ensure the relevance of the environmental indicators, input
should be sought from a broad range of stakeholders.
   (f) It is the intent of the Legislature that the Secretary for
Environmental Protection, the Secretary of the Resources Agency, and
the Director of the Department of Health Services in conjunction with
the boards, departments, and offices in their respective agencies,
use environmental indicators, where applicable, in the development of
the budget proposals for the 2005-06 fiscal year and each fiscal
year thereafter.


71081.  (a) Beginning on July 1, 2004, to the extent that funds are
appropriated by the Legislature for this purpose, the office, on
behalf of the office of the secretary, shall develop and maintain a
system of environmental indicators. The office shall develop and
maintain the system to meet all of the following objectives for using
environmental indicators:
   (1) Provide policymakers and the public with an improved
understanding of the condition of the state's environment and the
effects of the release of contaminants on public health and the
environment.
   (2) Provide policymakers and the public with information to
evaluate the effectiveness of the agency's programs in improving
environmental quality and protecting public health throughout the
state, including environmental quality and public health in
low-income communities and communities of color.
   (3) Assist in the development and modification of agency programs,
plans, and policies as environmental conditions change over time.
   (4) Assist the agency in making budget decisions that address the
most significant environmental concerns.
   (b) The following definitions apply to this section:
   (1) "Agency" means the California Environmental Protection Agency.
   (2) "Environmental indicator" means an objective and
scientifically based measure that represents information on
environmental conditions, releases of contaminants into the
environment, or the effects of those releases.
   (3) "Office" means the Office of Environmental Health Hazard
Assessment.
   (4) "Secretary" means the Secretary for Environmental Protection.
   (c) The secretary shall submit a report on the environmental
indicators developed pursuant to this chapter to the Governor and the
Legislature on or before January 1, 2006, and by January 1 every two
years thereafter. The report shall include a discussion as to the
manner in which the environmental indicators are being used by the
agency to meet the objectives set forth in subdivision (a). The
office shall make the report available to the public on its Internet
Web site. The office shall include on its Internet Web site any
additional relevant information in support of those environmental
indicators and shall update that information posted on the Internet
Web site as new information becomes available.
   (d) The office shall be the lead agency for developing new
environmental indicators, for modifying, deleting, and updating
existing environmental indicators, and for developing and maintaining
an environmental indicator database. The office shall lead an
intra-agency workgroup, consisting of representatives from each of
the boards, departments, and offices within the agency. The office
shall consult with the intra-agency workgroup in developing and
maintaining the environmental indicators, program planning, policy
formulation, and other decisionmaking processes, and in drafting the
report required under subdivision (c).
   (e) In developing and maintaining the environmental indicators,
the office shall consult with the Resources Agency, the State
Department of Health Services, and other state agencies as
appropriate.
   (f) The office may utilize information for indicators that is not
collected by other boards and departments within the agency and may
identify and establish new indicators.
   (g) In implementing this section, the office may hold public
meetings to receive comments from a broad range of stakeholders,
including, but not limited to, local government, the regulated
community, nongovernmental organizations, and other groups with an
interest in environmental issues.
   (h) The office shall consult with the scientific review panel
established pursuant to Section 50.8 of the Labor Code for the
purpose of establishing, updating, and evaluating environmental
indicators.
   (i) The secretary shall periodically assess the ability of the
environmental indicators system to meet each of the objectives cited
in subdivision (a) and the ability of the system to support the
development and implementation of the agencywide environmental
justice strategy pursuant to Section 71113.



71082.  (a) As appropriate, a budget change proposal submitted to
the Legislature by a board, department, or office within the
California Environmental Protection Agency or the Resources Agency
shall describe how the proposal would affect any applicable "Type I"
environmental indicator. To the extent that a budget change proposal
relates to a "Type II" or "Type III" environmental indicator, the
budget change proposal shall reference what data collection and
further analysis is needed before the environmental status or trend
that is the subject of the indicator may be presented.
   (b) A board, department, or office within the California
Environmental Protection Agency shall explain how its bond programs
relate to or affect environmental indicators.