Environmental Justice, Outreach & the Water Boards:

WQCC 2014 Update

Gita KapahiOffice of Public Participation

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October 3, 2014

“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.”

Gov. Code §65040.12 (e), 1999

California Statutory Definition

of Environmental Justice

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US EPA considers “environmental justice communities” as “a minority or low-income community that bears disproportionately high and adverse

human health or environmental effects.”

Federal Executive Order 12898, 1994

What is an EJ Community?

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What is a DAC?

The State of California defines a disadvantaged community (DAC) as a community in which the Medium Household Income (MHI) is less than

80% of the statewide MHI. Health & Safety Code, Sections 116270

A severely DAC is a community with an annual median household income (MHI)

that is less than 60% of the statewide MHI. Health & Safety Code, Sections 116760.20

More “Gita’s”: Cloning is not possible!

Worked on a BCP to add positions: Unfortunately it was unsuccessful

Established an Outreach Roundtable with all regions, divisions and offices represented

Developing a training module on EJ with the Training Academy

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2013 WQCC Recap

Updates to CalEnviroscreen (new version 2.0)

Increased our collaborative efforts with community groups

Established focused outreach efforts on many of the statewide plans and policies with great results

Screened films such as Thirsty for Justice and Living in the Rain Shadow

Continued work on implementing the Human Right to Water Law (AB685)

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2013 WQCC Recap, cont’d

AB 1249 IRWMP: nitrate, arsenic, perchlorate or hexavalent chromium contamination• Intended to help provide safe DW to small DACs by

prioritizing IRWMPs that address contaminants found in GW used as a DW source

AB 1476: Authorizes SWRCB to allocate $500K to Greater Monterey Co for development of an integrated plan to address DW and wastewater needs of DACs in Salinas Valley

SB 1292: Safe DW SRF allows SWRCB to provide grants up to $5mill for Safe DW SRF to public water systems serving severely DACs for construction of safe DW treatment systems

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EJ Legislation

This policy provides a framework for CalEPA and its BDOs to improve and maintain communication and collaboration between CalEPA, its BDOs, and California Indian Tribes to further the mission of CalEPA.

This policy also provides a commitment to educate appropriate staff, to become informed about the cultural setting of California Indians, their environmental issues and tribal histories, for the purpose of improving Cal/EPA’s understanding of and connection to California Indian Tribes.

http://www.calepa.ca.gov/Tribal/Documents/CIT01Policy.pdf

CalEPA Policy for Working With California Indian Tribes

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CALENVIROSCREEN VERSION 2.0

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* Broad picture of the relative burdens California communities face from environmental pollution

* 19 indicators of environmental, health, and socioeconomic conditions

* Census tract scale

* Guidance on potential uses

WWW.OEHHA.CA.GOV/EJ/CES2

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Indicators UsedPollution Burden Population Characteristics

ExposuresEnvironmenta

lEffects

Sensitive Populations

Socioeconomic

Factors

PM 2.5 concentrations

Ozone concentrations

Diesel PM emissions

Drinking water contaminants

Pesticide use

Toxic releases from facilities

Traffic density

Cleanup sites

Groundwater threats (Leaking underground tanks and cleanups)

Impaired water bodies

Solid waste sites and facilities

Hazardous waste facilities and generators

Prevalence of children and elderly

Asthma emergency department visit rate

Rate of low birth weight births

Educational attainment

Linguistic isolation

Poverty: Percent residents below 2x national poverty level

Unemployment

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EJ Inventory Update

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2014 EJ Inventory Findings

* Demonstrated increased involvement with EJ communities and DACs.

* Made efforts to try new approaches to effectively reach DACs.

* Have recognized the importance of public outreach and education skills and identified staff who possess them.

* Have identified significant opportunities for partnership and collaboration with DACs and laid the groundwork for these efforts.

Trends: Most Organizations Have

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2014 EJ Inventory Findings

Bringing meetings and discussions to EJ communities.

Making meetings available through conference calls and webinars.

Direct communication between Water Board staff and EJ/DAC representatives on technical reports prepared by dischargers.

On-going communication and outreach 13

What Has Worked Well

2014 EJ Inventory Findings

Providing direct technical assistance to DACs.

Developing partnerships with community advocacy groups.

Disproportionately large segments of DACs and small DACs are mistrustful of government agencies, so working through intermediaries is helpful until a level of trust is established.

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What Has Worked Well, cont’d

2014 EJ Inventory Findings

R1: Klamath River Tribes, Laguna de Santa Rosa Tribes

Note R2: No update provided

R3: California Rural Legal Assistance, EJ Coalition for Water, Rural Community Assistance Corporation

R4: City of Lynwood, Athens Tank Farm/Ujima Village Apartments

R5: Clean Water Action, California Rural Legal Assistance, Center for Race, Poverty and the Environment, Rose Foundation, Community Water Center, Greenaction, El Pueblo Para el Aire y El Agua, CBOs representing Lao, Filipino, Latino, Vietnamese & Slavic Groups

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EJ/Tribal Communities

2014 EJ Inventory Findings

R6: Bishop Paiute Tribe, Hinkley Community, Mojave River Valley, Susanville CSD

R7: Eastern Coachella Valley and Imperial Valley Farmworker & Low Income Mobile Home Park Communities. Cabazon Band of Mission Indians

R8: City of Perris, Communities at Middle Santa Ana River, Rialto Perchlorate Plume, South Archibald TCE Plume

R9: Environmental Health Coalition, Lakeside River Park Conservancy, Imperial Beach

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EJ/Tribal Communities

Resources Needed

* Increased funding for language translation services

* Support to make water quality data more accessible to EJ communities

* Specialized training on use of Enviroscreen and other tools and resources

* More consultation with Cal/EPA and State Board Public Participation Specialists

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Resources Needed, cont’d

* More in-house staff with public participation skills

* More assistance in identifying and contacting EJ groups and communities

* Contracts with 3rd parties to serve DACs better

* Staff training re: EJ, including sharing information on how Boards’ programs are addressing EJ issues

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Update the Water Board EJ Inventory as needed

Provide education & training for Water Board staff

Strengthen overall coordination with EJ & Tribal Communities

Continue cross-media coordination and accountability in partnership with other CalEPA sister BDOs and other agencies

Next Steps

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Next Steps, cont’d

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Consider Preparing an EJ Work or Implementation Plan

Continue the Dialogue to Incorporate EJ Principles into Water Board Plans and Policies

Revisit EJ at Future MCC & WQCC Meetings

Environmental Justice, Outreach & the Water Boards:WQCC 2014 Update

Gita KapahiOffice of Public Participation

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Thank You