Chapter 909
AN ACT
SB 420
Relating to environmental justice.
Be It Enacted by the People of
the State of
SECTION 1. For purposes of sections 1 to 5 of this 2007
Act, “natural resource agency” means the Department of Environmental Quality,
the State Department of Agriculture, the Water Resources Department, the State
Department of Fish and Wildlife, the State Forestry Department, the Department
of State Lands, the Department of Education, the State Department of Geology
and Mineral Industries, the Department of Land Conservation and Development,
the State Marine Board, the Public Utility Commission, the Department of
Transportation, the State Fire Marshal and the Department of Human Services.
SECTION 2. (1) There is established the Environmental
Justice Task Force consisting of 12 members appointed by the Governor. The
members shall be persons who are well-informed on the principles of
environmental justice and who, to the greatest extent practicable, represent
minority communities, low-income communities, environmental interests, industry
groups and geographically diverse areas of the state. Of the 12 members, the
Governor shall appoint one member of the task force from each of the following
commissions:
(a) The Commission on Asian
Affairs;
(b) The Commission on
Black Affairs;
(c) The Commission on
Hispanic Affairs; and
(d) The Commission on
Indian Services.
(2) The task force shall
submit an annual report to the Governor setting forth its view of the progress
of natural resource agencies toward achieving the goals established pursuant to
section 3 of this 2007 Act and identifying any other environmental issues that
the task force determines need attention.
(3) The term of office
of each member is four years, but a member serves at the pleasure of the
Governor. Before the expiration of the term of a member, the Governor shall
appoint a successor whose term begins on January 1 of the following year. A
member may be reappointed. If there is a vacancy for any cause, the Governor
shall make an appointment to become immediately effective for the unexpired
term.
(4) A member of the task
force who is not a member of the Legislative Assembly is entitled to
compensation and expenses in the manner and amounts provided for in ORS 292.495.
Claims for compensation and expenses incurred in performing functions of the
task force shall be paid out of funds appropriated to the Governor for that
purpose.
(5) The task force shall
elect one of its members as a chairperson and another as vice chairperson, for
the terms and with the duties and powers necessary for the performance of the
functions of such offices as the task force determines.
(6) A majority of the
members of the task force constitutes a quorum for the transaction of business.
(7) The task force shall
meet at least once every three months at times and places specified by the
chairperson. The task force also shall meet at other times and places specified
by the call of the chairperson or of a majority of the members of the task force.
(8) The Governor shall
provide the task force with the necessary clerical and administrative staff
support.
(9) Natural resource
agencies are directed to assist the task force in the performance of its duties
and, to the extent permitted by laws relating to confidentiality, to furnish
such information and advice as the members of the task force consider necessary
to perform their duties.
(10) A member of the
task force who is a member of the Legislative Assembly may serve in an advisory
capacity only.
SECTION 3. The Environmental Justice Task Force shall:
(1) Advise the Governor
on environmental justice issues;
(2) Advise natural
resource agencies on environmental justice issues, including community concerns
and public participation processes;
(3) Identify, in
cooperation with natural resource agencies, minority and low-income communities
that may be affected by environmental decisions made by the agencies;
(4) Meet with
environmental justice communities and make recommendations to the Governor regarding
concerns raised by these communities; and
(5) Define environmental
justice issues in the state.
SECTION 4. In order to provide greater public
participation and to ensure that all persons affected by decisions of the
natural resource agencies have a voice in those decisions, each natural
resource agency shall:
(1) In making a
determination whether and how to act, consider the effects of the action on
environmental justice issues.
(2) Hold hearings at
times and in locations that are convenient for people in the communities that
will be affected by the decisions stemming from the hearings.
(3) Engage in public
outreach activities in the communities that will be affected by decisions of
the agency.
(4) Create a citizen
advocate position that is responsible for:
(a) Encouraging public
participation;
(b) Ensuring that the
agency considers environmental justice issues; and
(c) Informing the agency
of the effect of its decisions on communities traditionally underrepresented in
public processes.
SECTION 5. All directors of natural resource agencies,
and other agency directors as the Governor may designate, shall report annually
to the Environmental Justice Task Force and to the Governor on the results of
the agencies’ efforts to:
(1) Address environmental
justice issues;
(2) Increase public
participation of individuals and communities affected by agencies’ decisions;
(3) Determine the effect
of the agencies’ decisions on traditionally underrepresented communities; and
(4) Improve plans to
further the progress of environmental justice in
SECTION 6. Notwithstanding the term of office specified
in section 2 of this 2007 Act, of the members first appointed to the
Environmental Justice Task Force under section 2 of this 2007 Act:
(1) Four shall serve for
terms ending June 30, 2009.
(2) Four shall serve for
terms ending June 30, 2010.
(3) Four shall serve for
terms ending June 30, 2011.
Approved by the Governor August 8, 2007
Filed in the office of Secretary of State August 8, 2007
Effective date January 1, 2008
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