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I am writing as a retired State of California civil rights agency
administrator and employee who spent 31 years helping to
investigate discrimination complaints involving public and private
employers and to enforce State and Federal civil rights laws. I
believe the proposed California Air Resources Board (ARB)
Greenhouse Gas Reduction Fund (GGRF) Guidelines as well as the
Supplement to the Draft Funding Guidelines would result in adding
to the discriminatory utilization and investment of both State GGRF
funding and the discriminatory administration of the use of this
grant funding in violation of the requirements of both applicable
State and Federal civil rights laws and regulations, the equal
protection requirements in the California and U.S. Constitutions,
and the prohibition against preferential treatment and affirmative
action contained in section 31 of the California Constitution. 
My review of the Interim Guidelines adopted by the Air Resources
Board in 2014 combined with the investment plan recommendations of
the ARB in fiscal year 2014-2015 led me to conclude that your
initial Interim Guidelines were the equivalent of a “How To
Discriminate” Guide for State agencies administering GGRF funded
programs/investments in fiscal year 2014-2015. The draft GGRF
Guidelines  and the more recently shared Supplement to the Draft
Guidelines for Agencies that Administer California Climate
Investments will further result in even substantially more
violations in this fiscal year and future years of:
•	The California Unruh Civil Rights Act prohibition against
arbitrary discrimination in the provision of services, privileges
and advantages by a public agency based on considerations of race,
color, national origin, ancestry, geographic location and income
and that mandates “each person be entitled to equal services,
privileges, and accommodation in the State of California”;
•	The Equal Protection clause in the California Constitution
prohibiting discrimination by government agencies and guaranteeing
that no person is discriminated against by government agencies and
guaranteeing that no person is discriminated against by State
government agencies;
•	Government Code Section 11135 (a)  which states that no person is
denied the right to participate in or the benefits of a program
receiving State assistance;
•	California Constitution prohibitions against preferential
–treatment-based considerations of race, color, national origin or
ancestry in public contracting and programs;
•	California Resources Code Section 71110 in the California
Resources Code which mandates The California Environmental
Protection Agency,  in designing its mission for programs,
policies, and standards shall do all of the following:  (a) Conduct
its programs, policies, and activities that substantially affect
human health or the environment in a manner that ensure the fair
treatment of all races, cultures, and income levels, including
minority populations and low income populations of the state”, but
which has not been effectively complied with by either CAL EPA or
the ARB in its current  Interim Guidelines, proposed actions or
GGRF final Guidelines and investment recommendations;
•	 The California Fair Employment and Housing Act and implementing
regulations that are supposed to ensure equal treatment in
employment practices related to hiring, terminating or training; 
•	Title VI of the Civil Rights Act of 1964 and implementing
regulations of Federal agencies in relation to the Effectuation of
Title VI compliance that apply to State agencies that accept
Federal funds and combine those with State GGRF funds for programs
that do not comply with the various equal treatment and
non-discrimination requirements outlined in Title VI and the
implanting Regulations for ensuring equal treatment and
non-discrimination and that require that “no person is denied the
right to participate in or the benefits of a program receiving
Federal assistance”; and
•	Title VII of the Civil Rights Act of 1964 with respect to the
requirements for non-discrimination in employment practices related
to hiring, terminating or training...

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