BILL NUMBER: AB 1472	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 20, 2007
	AMENDED IN SENATE  JULY 18, 2007
	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  APRIL 11, 2007

INTRODUCED BY   Assembly Member Leno
   (Coauthors: Assembly Members DeSaulnier, Hancock, Jones, and
Salas)

                        FEBRUARY 23, 2007

   An act to add Part 10.5 (commencing with Section 116097) to
Division 104 of the Health and Safety Code, relating to public
health.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1472, as amended, Leno. Public health: California Healthy
Places Act of 2008.
   Existing law establishes various programs administered by various
agencies and departments related to public health, including
environmental health, children's health, and occupational health and
safety, many of which are administered by the State Department of
Public Health.
   This bill would establish the California Healthy Places Act of
2008, which would require various state agencies and departments to
collaboratively support childhood development, prevent injury,
illness, and chronic disease, ensure environmental health, and reduce
health disparities by providing knowledge, guidance, and resources
for public health assessments of land use and transportation system
planning.
   The bill would require the State Public Health Officer to form an
interagency working group (IWG),  by July 1, 2008,  to be
comprised of one representative each from certain agencies and
entities, including, among others, the Department of Food and
Agriculture, the State Department of Public Health, the Office of
Planning and Research, the Superintendent of Public Instruction, and
the Department of Transportation, which would be required to, among
other things, identify, evaluate, and disseminate available evidence,
information, programs, and best practices on environmental health,
and establish environmental health goals, as provided.
   The bill would also  , on and after July 1, 2008, 
establish a program within the State Department of Public Health to
guide and support cities and counties in conducting health impact
assessments, as provided. The program would, among other things,
provide funding, technical assistance, and training to eligible local
entities, as defined, to prepare health impact assessments, as
provided. The bill would establish funding criteria for local
entities that elect to participate in the program, and would require
these local entities to prepare and submit to the department a health
impact assessment report, as specified. The bill would also require
the State Public Health Officer, in collaboration with the IWG, no
later than January 1, 2010, to develop guidelines relating to the
creation of a local entity's health impact assessments of land use,
housing, and transportation policy and plans, as provided.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known and may be cited as the
California Healthy Places Act of 2008.
  SEC. 2.  Part 10.5 (commencing with Section 116097) is added to
Division 104 of the Health and Safety Code, to read:

      PART 10.5.  CALIFORNIA HEALTHY PLACES ACT OF 2008


   116097.  The Legislature finds and declares all of the following:
   (a) According to the Institute of Medicine of the National
Academies, improving health in the 21st century will require new
approaches to environmental health, including strategies to deal with
waste, unhealthy buildings, urban congestion, suburban sprawl, poor
housing, poor nutrition, and environment-related stress.
   (b) Optimal health for all people requires healthy environmental
conditions, including adequate and good quality housing; access to
public transit, schools, and parks; safe routes for pedestrians and
bicyclists; safe and productive employment; open space and natural
areas; and unpolluted air, soil, and water.
   (c) Currently, the environmental resources for good health vary
considerably for Californians from neighborhood to neighborhood.
These differences have significant impacts on health, with life
expectancy varying from neighborhood to neighborhood by as much as 28
years for men and 25 years for women. Similar "place-based" health
disparities exist for asthma hospitalizations, heart disease,
diabetes, and low birth weight births. Access to grocery stores and
other outlets for healthy foods also affect obesity and other health
conditions.
   (d) Growth in this state will require significant land use
development and redevelopment, creating the need and opportunity for
health assessment of land use and transportation plans.
   (e) Research on health and the built environment already provides
substantial evidence to inform land use and planning decisions as to
how they might create the conditions for better health and reduced
health disparities. Some of the key findings of this research include
all of the following:
   (1) Higher quality housing appropriately located relative to busy
roadways can reduce asthma attacks.
   (2) Less noise promotes sleep, healthy blood pressure, and school
learning.
   (3) Sufficient residential density in combination with a diversity
of land uses promotes physical activity and reduces air pollution
emissions and vehicle injuries.
   (4) Reasonable housing costs can prevent hunger and promote
childhood growth.
   (5) Access to natural spaces can improve mental health and
function.
   (6) Calming traffic in residential areas reduces pedestrian
injuries.
   (7) Public transit and pedestrian-friendly environments can
promote physical activity.
   (8) Neighborhood schools and child care centers reduce traffic
congestion, foster community social relationships, and engage
students in learning.
   (9) Environmental design that promotes "eyes on the street" can
prevent violence.
   (10) Accessible neighborhood grocery stores reduce diet-related
diseases.
   (f) Local public health agencies are increasingly investing in
strategies to improve the built environment to improve population
health and reduce health disparities.
   (g) Health impact assessment is an internationally established
policy evaluation practice that aims to inform decisionmakers about
how public policy can best improve health and the distribution of
health.
   (h) The California Environmental Health Tracking Program (CEHTP)
is currently developing a comprehensive plan for a standards-based,
coordinated, and integrated system that would facilitate public
health actions through monitoring, reporting, linkage, and
communication of data on environmental hazards and exposures, and
environment-related diseases. Pilot programs that are currently
underway pursuant to the CEHTP are creating new data tools to track
environmental hazard-related  diseases   disease
 trends, and geographic areas with disproportionate exposure or
disease burdens.
   116097.5.  In establishing this act, it is the intent of the
Legislature to do all of the following:
   (a) Prevent illness and disease, improve health, and reduce health
disparities in California by promoting environmental conditions
supportive of health.
   (b) Identify, evaluate, and promulgate valid knowledge and support
public health research and practice that support the design and
creation of healthful neighborhoods, rural communities, cities, and
regions.
   (c) Provide guidance, technical support, training, and grants for
local agencies to conduct health impact assessments of land use and
transportation policy and plans. Health impact assessments conducted
using state-funded grants shall be complementary to existing planning
assessments, inform planning efforts as to their consequences on
human health and health disparities, both positive and negative,
utilize available expertise as well as the experience of community
stakeholders, and suggest courses of action that would promote
health.
   116098.  As used in this act, the following terms shall have the
following meanings:
   (a) "Director" means the Director of the State Department of
Public Health.
   (b) "Health" means a state of complete physical, mental, and
social well-being, and not merely the absence of disease or
infirmity.
   (c) "Environmental health" means the modifiable physical,
chemical, or biological factors in the environment external to humans
that can have a positive or negative effect on human health.
Well-established known environmental health factors include all of
the following:
   (1) Pollutants, including chemical or biological agents in the
air, water, or soil.
   (2) Noise, UV and ionizing radiation, and electromagnetic fields.
   (3) Occupational hazards.
   (4) Built environments, including homes, schools, workplaces,
parks, public plazas, natural areas, open spaces, and transportation
systems.
   (5) Agricultural methods and practices.
   (6) The capacity of ecosystems to provide their goods, such as
freshwater, food, pharmaceutical products, and services, such as the
purification of air, water, and soil.
   (d) "Health disparities" means the avoidable differences in
measures of health among specific population groups.
   (e) "Health impact assessment" means a combination of procedures,
methods, and tools by which a policy, program, or project may be
judged as to its potential effects on the health of a population, and
the distribution of those effects within the population.
   (f) "Interagency working group" or "IWG" means the interagency
working group established under Section 116098.5.
   116098.5.  (a) The director shall establish  , by July 2008,
 an interagency working group (IWG), which shall be composed of
a representative from each of the following agencies and
organizations:
   (1) The Office of Planning and Research.
   (2) The Department of Food and Agriculture.
   (3) The California Environmental Protection Agency.
   (4) The Resources Agency.
   (5) The Superintendent of Public Instruction.
   (6) The Department of Transportation.
   (7) The State Department of Public Health.
   (8) The Department of Housing and Community Development.
   (9) The Division of Occupational Safety and Health.
   (10) Any other state agencies, organizations, or experts that can
contribute to the goals outlined in subdivision (a), as determined by
the director.
   (11) Community-based organizations from five regions throughout
the state that serve individuals from communities that have
populations that are disproportionately burdened by disparities in
health outcomes or health adverse environmental conditions,
including, but not limited to, rural or urban communities with large
minority or low-income populations. Community-based organizations may
be required to fund their own travel and costs related to
participation in the IWG.
   (b) The IWG shall do all of the following:
   (1) Identify, evaluate, and disseminate all available evidence,
information, and knowledge about programs and best practices related
to improving environmental health by including environmental health
factors in the built environment.
   (2) Establish statewide goals and objectives for improvements in
environmental health.
   (3) Survey state agencies to catalog strategies and actions
currently being taken or supported for the purpose of improving
environmental health. 
   (4) Where appropriate, undertake or facilitate interagency review
and evaluation of any state-supported project, plan, program, or
policy that may affect, intentionally or unintentionally, modifiable
environmental determinants of health.  
   (5) 
    (4)    Monitor the state's progress towards
achieving the environmental health goals established pursuant to
paragraph (2). 
   (6) Develop and disseminate information to provide guidance on
health impact assessments in cooperation with the program described
in Section 116099. 
   116099.  (a) As used in this act, "eligible entity" means an
organization or entity organized under Section 501(c)(3) of the
federal Internal Revenue Code serving the community to be impacted by
the proposed or applicable activity that elects to conduct a health
impact assessment pursuant to this section, or a city, county, or
city and county whose governing body elects to conduct a health
impact assessment pursuant to this section.
   (b)  There   On and after July 1, 2008, there
 is hereby established within the State Department of Public
Health, the Health Impact Assessment Program, to guide and support
the practice of conducting health impact assessments throughout the
state. To accomplish this end, the department shall be responsible
for all of the following:
   (1) Identifying and evaluating international model practices in
health impact assessment.
   (2) Developing materials and information for the purpose of
providing guidance to eligible entities in relation to land use and
transportation planning in the state.
   (3) Evaluating needs for research and analytic tools to evaluate
and forecast health effects resulting from land use and
transportation plans and projects.
   (4) Providing training and technical assistance to local agencies
electing to conduct health impact assessments.
   (5) Establishing a funding program to support the conduct of
health impact assessments by eligible entities. 
   (6) Establishing a funding program to develop and validate
analytic tools to forecast potential health effects of land use and
transportation planning and policy outcomes.  
   (7) 
    (6)    Evaluating health impact assessments
implemented in the state. 
   (8) 
    (7)    Maintaining a database of health impact
assessments conducted in California.
   (c) No later than January 1, 2010, the director, in collaboration
with the IWG, shall develop guidelines relating to the health impact
assessment of land use, housing, and transportation policy and plans,
which shall include all of the following:
   (1) A definition of health impact assessment.
   (2) A set of principles for the conduct of health impact
assessment.
   (3) A review of methods for health impact assessment.
   (4) Identification of existing guidance documents relevant to
health impact assessments of land use and transportation planning.
   (5) A summary of evidence-based causal pathways that link rural
and urban planning, transportation, and housing policy and objectives
to human health objectives.
   (6) Identification of data resources relevant for assessing rural
and urban planning, transportation, and housing policy-related human
health objectives in the state.
   (7) Identification of available quantitative and qualitative
forecasting methods to evaluate effects on environmental health
determinants and related human health outcomes.
   (8) Review of practices for inclusive public involvement in
planning decisionmaking.
   (9) Guidance for public participation and public review of health
impact assessments.
   (d) The program established pursuant to subdivision (b) shall
include a grant program for the purpose of providing funding and
technical assistance to eligible entities to prepare health impact
assessments.
   (1) To receive a grant under this section, an eligible entity
shall submit to the director an application that contains an initial
assessment of the type and magnitude of potentially significant
effects on health or determinants of health potentially resulting
from the applicable activity or proposed activity related to land
use, housing, and transportation policies and plans. In making this
assessment, an eligible entity may take into consideration any
reasonable, direct, indirect, or cumulative effect relating to the
applicable activity or proposed activity, including the effect of any
action that is any of the following:
   (A) Included in the long-range plan relating to the activity or
proposed activity.
   (B) Likely to be carried out in coordination with the activity or
proposed activity.
   (C) Dependent on the occurrence of the activity or proposed
activity.
   (D) Likely to have a disproportionate impact on disadvantaged
populations.
   (2) In determining which entities shall receive a grant under this
section, the director shall give priority to entities that meet any
of the following criteria:
   (A) Serve a majority of constituents from the African-American,
Latino, Asian American/Pacific Islander, and Native American
communities.
   (B) Are located in areas where over 70 percent of families in
surrounding public elementary schools participate in the free or
reduced-price school lunch programs.
   (C) Are located in areas with relatively high rates of
environmentally related diseases or conditions including, but not
limited to, asthma and respiratory disease, diabetes, coronary heart
disease, and obesity.
   (D) Are located in areas with disparities in health outcomes,
including premature mortality.
   (E) Are located in areas with disparately high burdens of adverse
environmental conditions, including, but not limited to, stationary
or mobile sources of air pollution, water contamination, traffic
hazards, and noise.
   (F) Are located in areas with disparately fewer environmental
resources for community health, including, but not limited to,
quality parks, schools, transit, and food resources.
   (3) Effects on health analyzed in a health impact assessment may
be the direct result of the activity or mediated indirectly via
effects on any environmental or social health determinants. At this
time, known environmental and social determinants of health include
all of the following:
   (A) The quality of air, water, and soil.
   (B) The quality, accessibility, and affordability of housing.
   (C) The quality and accessibility of public plazas, parks, and
natural spaces.
   (D) The availability of transportation choices.
   (E) Environmental noise.
   (F) The quality and accessibility of public services, such as
libraries.
   (G) The quality and accessibility of public educational
facilities.
   (H) Cultural and historical institutions.
   (I) Community cohesion.
   (J) Social networks.
   (K) Diversity and security of income and employment.
   (L) Access to fresh fruits and vegetables and the proximity of
residents to businesses that sell nutritious foods.
   (M) The use of tobacco, alcohol, and controlled substances.
   (4)  Local health impact assessments shall meet all of the
following purposes:
   (A) To evaluate the probable consequences for the health of a
population resulting from a proposed activity.
   (B) To facilitate the involvement of state and local health
officials in the health impact assessment of community planning and
land use decisions.
   (C) To identify and evaluate alternatives to a proposed activity
with respect to the costs and benefits on health.
   (5) A health impact assessment prepared under this section shall
do all of the following:
   (A) Describe pathways through which the proposed activity may
affect health determinants and health.
   (B) Assess, quantitatively or qualitatively, the baseline
conditions of health determinates and health outcomes, disparities in
health, the presence of health-sensitive populations, and the
direction and magnitude of the effects on health determinants and
health of the proposed activity.
   (C) Make evidence-based recommendations of the eligible entity
with respect to both of the following:
   (i) The mitigation of any adverse impact on health of the proposed
activity.
   (ii) The achievement of any positive potential impact of the
proposed activity.
   (D) Identify a means for monitoring the impacts on health of
proposed activity.
   (E)  Maintain consistency with guidelines developed by the officer
created pursuant to subdivision (c).
   (F) Maintain consistency with the principles of health impact
assessment adopted by the IAIA.
   (6) An eligible entity receiving assistance pursuant to this
section shall prepare and submit to the officer a health impact
assessment report.
   (7) In addition to the requirements set forth in paragraph (1), to
receive a grant under this section, an eligible entity shall
demonstrate that it has developed a process for collecting public
input and collaborating with community organizations, unless the
eligible entity is a community organization.
   (e) The department shall establish and maintain a health impact
assessment database, which shall include all of the following:
   (1) A catalog of health impact assessments received under this
section.
   (2) An inventory of tools used by eligible entities to prepare
draft and final health impact assessments.
   (3) Guidance for eligible entities with respect to the selection
of appropriate tools, as described in paragraph (2).
   (f) The department may accept funds from public and private
sources for the purpose of implementing this article.