BILL NUMBER: AB 441	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Monning

                        FEBRUARY 14, 2011

   An act to amend Section 65040.2 of, and to add Sections 14522.3,
65040.13, and 65040.14 to, the Government Code, relating to state
planning.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 441, as introduced, Monning. State planning.
   Existing law requires certain transportation planning activities
by the Department of Transportation and by designated regional
transportation planning agencies, including development of a regional
transportation plan. Existing law authorizes the California
Transportation Commission, in cooperation with regional agencies, to
prescribe study areas for analysis and evaluation and guidelines for
the preparation of a regional transportation plan.
   This bill would require that commission to include health issues,
as specified, in the guidelines promulgated by the commission for the
preparation of regional transportation plans.
   Existing law establishes in the office of the Governor the Office
of Planning and Research with duties that include developing and
adopting guidelines for the preparation of, and content of, mandatory
elements required in city and county general plans.
   This bill would require that the office develop guidelines that
contain advice on how local and regional agencies can incorporate
health issues, as defined, into local or regional general plans.
   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.  Section 14522.3 is added to the Government Code, to
read:
   14522.3.  The commission shall include health and health equity
factors, strategies, objectives, and goals in the guidelines
promulgated by the commission for the preparation of regional
transportation plans.
  SEC. 2.  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 of and the 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 guidelines shall contain voluntary guidelines for local
and regional agencies to incorporate health and health equity
factors, strategies, goals, and objectives pursuant to Section
65040.14 into local general plans for the purposes of ensuring that
health needs and opportunities are addressed in planning and
development at the state and local levels.  
   (e) 
    (f)  The guidelines shall contain advice including
recommendations for best practices to allow for collaborative land
use planning of adjacent civilian and military lands and facilities.
The guidelines shall encourage enhanced land use compatibility
between civilian lands and any adjacent or nearby military facilities
through the examination of potential impacts upon one another.

   (f) 
    (g)  The guidelines shall contain advice for addressing
the effects of civilian development on military readiness activities
carried out on all of the following:
   (1) Military installations.
   (2) Military operating areas.
   (3) Military training areas.
   (4) Military training routes.
   (5) Military airspace.
   (6) Other territory adjacent to those installations and areas.

   (g) 
    (h)  By March 1, 2005, the guidelines shall contain
advice, developed in consultation with the Native American Heritage
Commission, for consulting with California Native American tribes for
all of the following:
   (1) The preservation of, or the mitigation of impacts to, places,
features, and objects described in Sections 5097.9 and 5097.993 of
the Public Resources Code.
   (2) Procedures for identifying through the Native American
Heritage Commission the appropriate California Native American
tribes.
   (3) Procedures for continuing to protect the confidentiality of
information concerning the specific identity, location, character,
and use of those places, features, and objects.
   (4) Procedures to facilitate voluntary landowner participation to
preserve and protect the specific identity, location, character, and
use of those places, features, and objects. 
   (h) 
    (i)  Commencing January 1, 2009, but no later than
January 1, 2014, upon the next revision of the guidelines pursuant to
subdivision (i), the office shall prepare or amend guidelines for a
legislative body to accommodate the safe and convenient travel of
users of streets, roads, and highways in a manner that is suitable to
the rural, suburban, or urban context of the general plan, pursuant
to subdivision (b) of Section 65302.
   (1) In developing guidelines, the office shall consider how
appropriate accommodation varies depending on its transportation and
land use context, including urban, suburban, or rural environments.
   (2) The office may consult with leading transportation experts
including, but not limited to, bicycle transportation planners,
pedestrian planners, public transportation planners, local air
quality management districts, and disability and senior mobility
planners. 
   (i) 
    (j)  The office shall provide for regular review and
revision of the guidelines established pursuant to this section.
  SEC. 3.  Section 65040.13 is added to the Government Code, to read:

   65040.13.  The Legislature finds and declares all of the
following:
   (a) California faces critical problems that will shape the future
of our state and its population such as climate change, water
shortages, fiscal challenges, an aging population, and increasing
health inequities.
   (b) California, and the nation, are also facing unprecedented
levels of chronic disease, which now accounts for over 75 percent of
all deaths in California and 75 percent of all United States health
care expenditures.
   (c) The health of California's population is largely determined by
the social, physical, economic, and service environments in which
people live, work, study, and play. These environments shape the
choices that people make every day, as well as their opportunities
and resources for health.
   (d) "Health in all policies" is a collaborative approach that has
been used internationally to address just these kinds of issues. A
health in all policies approach recognizes that health and prevention
are impacted by policies and strategies that improve health and can
also meet the policy objectives of state agencies.
   (e) Currently, local communities throughout California have begun
to include health and health equity criteria in their local planning
and land use guidance policies. These plans may serve as models and
examples for other local governments and demonstrate ways that health
and health equity data, strategies, goals, and objectives may be
included within the existing elements or as stand-alone elements in
local general plans.
   (f) In 2008, Executive Order S-04-10 established a Health in All
Policies Task Force charged with identifying priority actions and
strategies for state agencies to improve community health.
Representatives from 19 California agencies, departments, and offices
came together in task force meetings, participated in public
workshops, and received written comments from a diverse array of
stakeholders to establish several recommendations on feasible
strategies and actions to promote health in all policies of state
agencies.
   (g) It is the intent of the Legislature to ensure that health
equity criteria are included in the state guidance to city, county,
and regional governments and agencies in the development of local
general plans.
  SEC. 4.  Section 65040.14 is added to the Government Code, to read:

   65040.14.  (a) The office shall develop guidelines, with the
appropriate state agencies and departments as needed, for local
cities and counties to include health and health equity factors,
goals, strategies, and objectives in local general, specific, or
regional plans. The inclusion of health and health equity factors,
goals, strategies, and objectives may be included as a stand-alone,
optional element or may be addressed within the mandatory elements of
the general plan. The office shall include the following health and
health equity factors, goals, objectives, and strategies in the
guidelines:
   (1) Data, goals, strategies, objectives and policies to improve
community health status, including, but not limited to, all of the
following:
   (A) Causes of death.
   (B) Vulnerable populations, including infants and children,
adolescents, elderly, and low income.
   (C) Chronic disease rates.
   (D) Other health status factors that may improve the health of the
residents of the local city and county.
   (2) Data, goals, strategies, objectives, and policies to improve
opportunities for recreational and physical activity, including, but
not limited to, all of the following:
   (A) Access to parks, open space, or other similar facilities.
   (B) Mix of land uses.
   (C) Land use density.
   (D) Other factors necessary to promote the availability of open
space, recreational activities, and physical fitness to improve the
health of residents in the local city and county.
   (3) Data, goals, strategies, objectives, and policies to improve
the availability of retail food establishments offering fresh
produce, including, but not limited to, all of the following:
   (A) Access to healthy foods.
   (B) Prevalence of fast food and liquor retailers.
   (C) Local agricultural resources.
   (D) Food distribution.
   (4) Data, goals, strategies, objectives, and policies to improve
health-promoting transportation systems, including, but not limited
to, all of the following:
   (A) Traffic injuries and fatalities.
   (B) Transportation modes, including nonmotorized transportation.
   (C) Commuting rates.
   (D) Transportation networks including nonmotorized transportation.

   (E) Other health factors deemed necessary and important in the
planning of transportation systems.
   (5) Data, goals, strategies, objectives, and policies to improve
social networks, capital, and civic participation, including, but not
limited to, all of the following:
   (A) Voting and civic participation.
   (B) Mental health issues.
   (C) Community safety factors.
   (6) Data, goals, strategies, objectives, and policies to improve
economic and community development, including, but not limited to,
all of the following:
   (A) Jobs and housing ratios.
   (B) Affordable housing and mixed-income housing.
   (C) Participation in state and federal poverty assistance
programs.
   (D) Other social environmental factors deemed necessary and
important to the improvement of the city and county.
   (b) The office may coordinate with the State Department of Public
Health and other appropriate state departments and agencies in
developing the guidelines. The office shall provide technical
assistance to local and state agencies and departments on
incorporating health equity criteria into city and county general,
specific, and regional plans upon the request of any state
government, agency, or legislative body.
   (c) The office shall report to the Governor and his or her
cabinet, the Legislature, and other appropriate state and local
agencies or departments the number of general plans that include
health equity criteria and provide best practices or models for
incorporation into general specific, or regional plans.