BILL NUMBER: AB 1553 CHAPTERED
BILL TEXT
CHAPTER 762
FILED WITH SECRETARY OF STATE OCTOBER 12, 2001
APPROVED BY GOVERNOR OCTOBER 11, 2001
PASSED THE ASSEMBLY SEPTEMBER 10, 2001
PASSED THE SENATE SEPTEMBER 6, 2001
AMENDED IN SENATE AUGUST 29, 2001
AMENDED IN SENATE JULY 19, 2001
AMENDED IN SENATE JULY 5, 2001
AMENDED IN SENATE JUNE 27, 2001
AMENDED IN ASSEMBLY MAY 1, 2001
INTRODUCED BY Assembly Member Keeley
(Coauthor: Senator Machado)
FEBRUARY 23, 2001
An act to amend Sections 65040.2 and 65040.12 of the Government
Code, relating to environmental justice.
LEGISLATIVE COUNSEL'S DIGEST
AB 1553, Keeley. Environmental justice: guidelines.
Existing law defines the term "environmental justice," provides
that the Office of Planning and Research shall be the coordinating
agency in state government for environmental justice programs, and
requires that the Director of Planning and Research take actions with
respect to the implementation, coordination, and review of
environmental justice programs in the state. Existing law requires
the office to adopt guidelines for the preparation and content of the
mandatory elements required in city and county general plans.
This bill would require the office, when it adopts the next
general plan guidelines, but in no case later than July 1, 2003, to
adopt guidelines, as specified, for addressing environmental justice
matters in city and county general plans, and to hold at least one
public hearing prior to the release of any draft guidelines, and at
least one public hearing after the release of the draft guidelines.
The bill would authorize the hearings to be held at the regular
meetings of the Planning Advisory and Assistance Council.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65040.2 of the Government Code is amended to
read:
65040.2. (a) In connection with its responsibilities under
subdivision (l) of Section 65040, the office shall develop and adopt
guidelines for the preparation and content of the mandatory elements
required in city and county general plans by Article 5 (commencing
with Section 65300) of Chapter 3. For purposes of this section, the
guidelines prepared pursuant to Section 50459 of the Health and
Safety Code shall be the guidelines for the housing element required
by Section 65302. In the event that additional elements are
hereafter required in city and county general plans by Article 5
(commencing with Section 65300) of Chapter 3, the office shall adopt
guidelines for those elements within six months of the effective date
of the legislation requiring those additional elements.
(b) The office may request from each state department and agency,
as it deems appropriate, and the department or agency shall provide,
technical assistance in readopting, amending, or repealing the
guidelines.
(c) The guidelines shall be advisory to each city and county in
order to provide assistance in preparing and maintaining their
respective general plans.
(d) The guidelines shall contain the guidelines for addressing
environmental justice matters developed pursuant to Section 65040.12.
(e) The office shall provide for regular review and revision of
the guidelines established pursuant to this section.
SEC. 2. Section 65040.12 of the Government Code is amended to
read:
65040.12. (a) The office shall be the coordinating agency in
state government for environmental justice programs.
(b) The director shall do all of the following:
(1) Consult with the Secretaries of the California Environmental
Protection Agency, the Resources Agency, the Trade and Commerce
Agency, and the Business, Transportation and Housing Agency, the
Working Group on Environmental Justice established pursuant to
Section 72002 of the Public Resources Code, any other appropriate
state agencies, and all other interested members of the public and
private sectors in this state.
(2) Coordinate the office's efforts and share information
regarding environmental justice programs with the Council on
Environmental Quality, the United States Environmental Protection
Agency, the General Accounting Office, the Office of Management and
Budget, and other federal agencies.
(3) Review and evaluate any information from federal agencies that
is obtained as a result of their respective regulatory activities
under federal Executive Order 12898, and from the Working Group on
Environmental Justice established pursuant to Section 72002 of the
Public Resources Code.
(c) When it adopts its next edition of the general plan guidelines
pursuant to Section 65040.2, but in no case later than July 1, 2003,
the office shall include guidelines for addressing environmental
justice matters in city and county general plans. The office shall
hold at least one public hearing prior to the release of any draft
guidelines, and at least one public hearing after the release of the
draft guidelines. The hearings may be held at the regular meetings
of the Planning Advisory and Assistance Council.
(d) The guidelines developed by the office pursuant to subdivision
(c) shall recommend provisions for general plans to do all of the
following:
(1) Propose methods for planning for the equitable distribution of
new public facilities and services that increase and enhance
community quality of life throughout the community, given the fiscal
and legal constraints that restrict the siting of these facilities.
(2) Propose methods for providing for the location, if any, of
industrial facilities and uses that, even with the best available
technology, will contain or produce material that, because of its
quantity, concentration, or physical or chemical characteristics,
poses a significant hazard to human health and safety, in a manner
that seeks to avoid over-concentrating these uses in proximity to
schools or residential dwellings.
(3) Propose methods for providing for the location of new schools
and residential dwellings in a manner that seeks to avoid locating
these uses in proximity to industrial facilities and uses that will
contain or produce material that because of its quantity,
concentration, or physical or chemical characteristics, poses a
significant hazard to human health and safety.
(4) Propose methods for promoting more livable communities by
expanding opportunities for transit-oriented development so that
residents minimize traffic and pollution impacts from traveling for
purposes of work, shopping, schools, and recreation.
(e) For the purposes of this section, "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.