BILL ANALYSIS Ó SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator Wieckowski, Chair 2015 - 2016 Regular Bill No: SB 1000 ----------------------------------------------------------------- |Author: |Leyva | ----------------------------------------------------------------- |-----------+-----------------------+-------------+----------------| |Version: |4/12/2016 |Hearing |4/20/2016 | | | |Date: | | |-----------+-----------------------+-------------+----------------| |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Rachel Machi Wagoner | | | | ----------------------------------------------------------------- SUBJECT: Land use: general plans: environmental justice ANALYSIS: Existing law: under the Planning and Zoning Law, 1) Requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that bears relation to its planning. 2) Requires this general plan to include several elements, including, among others, land use, open-space, safety, and conservation elements, which are required to meet specified requirements. This bill: 1) Requires every city and county to adopt an environmental justice element upon the adoption or next revision of its general plan. The environmental justice element must identify: a) Disadvantaged communities within the jurisdiction of the agency, including both those communities identified by the California Environmental Protection Agency (CalEPA) for the purpose of allocating cap-and-trade funding the CalEnviroScreen and communities with median household SB 1000 (Leyva) Page 2 of ? incomes below 80% of the statewide median. b) Objectives and policies to reduce the health risks in disadvantaged communities through means that include reducing pollution exposure, improving air quality, and promoting food access, healthier homes, physical activity, and public amenities, as defined. c) Objectives and policies to promote civil engagement in the public decisionmaking process. d) Public amenities to include facilities such as community centers or water and transportation infrastructure, as well as other public services such as fire protection, public lighting, signage, and sidewalks. 2) Pursuant to amendments taken in the Committee on Governance and Finance, adoption and updates of the environmental justice element are tied to the update of the housing element and the area for consideration of environmental justice elements is expanded to cover the same area as the General Plan. Background 1) Environmental Justice in California. Since 1999, the Legislature has enacted several laws to advance consideration of environmental justice; as defined in state law, 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. SB 115 (Solis, Chapter 690, Statutes of 1999) designated the Governor's Office of Planning and Research (OPR) as the lead state agency on environmental justice matters. Subsequently, AB 1553 (Keeley, Chapter 762, Statutes of 2001) required the OPR to adopt recommendations in its general plan guidelines that local governments may use to address environmental justice issues. Recognizing the importance of local planning in environmental SB 1000 (Leyva) Page 3 of ? justice issues, SB 244 (Wolk, Chapter 513, Statutes of 2011) required consideration of specific water, wastewater, and fire protection needs for disadvantaged communities in general plans as well as in some proceedings that determine local government boundaries. SB 535 (de León, Chapter 830, Statutes of 2012) provided that 25% of the revenue from the state's "cap-and-trade" program for greenhouse gas emissions must benefit disadvantaged communities, as identified by the California Environmental Protection Agency (CalEPA), based on geographic, socioeconomic, public health, and environmental hazard criteria. Local governments have also begun to consider environmental justice issues. According to the most recent Annual Planning Survey conducted by OPR (in 2014), 101 cities and counties reported that they considered equity issues in their general plans. Two cities-Jurupa Valley and National City-have adopted optional elements in their general plans specifically addressing environmental justice. Nonetheless, disadvantaged communities continue to suffer from environmental harms. CalEPA, using the methodology it developed in response to the directives in SB 535, identified 9.4 million Californians who live in communities with high pollution burdens from multiple sources and are vulnerable for socioeconomic reasons or other factors, such as low levels of educational achievement. Some advocates want local governments to take additional steps to address environmental justice issues. 2) CalEnviroScreen. CalEnviroScreen is a science-based tool that identifies the California communities most burdened by pollution from multiple sources and most vulnerable to its effects. The tool uses data on 12 types of pollution and environmental factors and seven population characteristics and socioeconomic factors to create scores for each of the state's 8,000 census tracts to identify California communities with the greatest cumulative exposure to pollution. The tool was updated in April, 2014 to create scores for each of the state's 8,000 census tracts, instead of using ZIP code data, and adds new indicators for drinking water contaminants and unemployment rates. SB 1000 (Leyva) Page 4 of ? The tool is used to help implement a state law (SB 535, de León, Chapter 830, Statutes of 2012) that requires that 25% of the proceeds from the state's cap-and-trade auctions be invested in projects that benefit disadvantaged communities, including 10% for projects located within these areas. The law requires CalEPA to identify those communities. 3) Environmental Justice and Planning. Environmental justice considerations affect many aspects of community planning and design and therefore relate to multiple general plan elements. For example, the land use element determines how close housing is to polluting facilities; the circulation element informs access to public transit, as well as siting of major thoroughfares that create air quality problems; and the housing element guides whether low income residents can afford housing. As a result, a single environmental justice element would have to encompass many unrelated subjects-likely at the 30,000 foot level-and most other general plan elements would have to be updated anyway in order to maintain internal consistency. Requiring consideration of relevant environmental justice concerns in existing elements could eliminate duplication and allow local governments to examine specific environmental justice concerns in greater depth. Comments 1) Purpose of Bill. According to the author, "SB 1000 would ensure that communities in California take into account the environmental and pollution impacts on local residents living in areas that may be disproportionately exposed to toxins or other contaminants that can hurt them or their families. Residents in poorer communities oftentimes suffer from higher rates of asthma, cancer and birth defects, so we must do all we can to eliminate environmental factors that may be contributing to those serious health problems." The author asserts that "open space, noise and safety planning elements are already integral pieces of local general Plans. I firmly believe that local authorities must also do their due diligence to protect vulnerable residents from potentially dangerous environmental hazards. Environmental justice is not just a catch phrase - it is a very real and vital part of SB 1000 (Leyva) Page 5 of ? helping to plan and develop healthy communities throughout California." 2) Definition of Environmental Justice. The bill incorporates two statutory definitions of environmental justice: a) The definition used for CalEnviroScreen and the implementation of SB 535, which looks at the cumulative impacts of communities that carry the greatest burden from pollution, and b) The water code definition used for water bond funding of communities with median household incomes below 80% of the statewide median. This second definition may get to the communities that meet the socio-economic definition of disadvantaged but does not give clear direction as to whether the community is an environmental justice community impacted by a high pollution burden. It appears the author is trying to capture not only those CalEnviroScreen communities but also communities that may not score high for CalEnviroScreen because they do not have the highest cumulative burden but rather may have a burden from one or more singular pollutants. The bill should be amended to incorporate additional language to qualify the environmental impacts on those disadvantaged communities. 3) Mandate. The California Constitution generally requires the state to reimburse local agencies for their costs when the state imposes new programs or additional duties on them. According to the Legislative Counsel's Office, SB 1000 creates a new state-mandated local program. SB 1000 disclaims this mandate by saying that no reimbursement is required because local agencies may levy charges sufficient to cover any costs. Related/Prior Legislation SB 535 (de León, Chapter 830, Statutes of 2012) requires the investment plan related to the Greenhouse Gas Reduction Fund (GGRF) that is developed and submitted to the Legislature pursuant to AB 1532 (John A. Pérez) to allocate: 1) a minimum of 25% of SB 1000 (Leyva) Page 6 of ? the available moneys in the fund to projects that provide benefits to identified disadvantaged communities; and, 2) a minimum of 10% of the available moneys in the fund to projects located within identified disadvantaged communities. SB 244 (Wolk, Chapter 513, Statutes of 2011) requires local agencies to plan for specified disadvantaged communities through the Local Agency Formation Commission planning process and general plan updates. AB 1553 (Keeley, Chapter 762, Statutes of 2001), requires the Governor's Office of Planning and Research (OPR), when it adopts the next general plan guidelines, or no later than July 1, 2003, to adopt guidelines 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. DOUBLE REFERRAL: The Senate Rules referred SB 1000 to the Committee on Governance and Finance and the Committee on Environmental Quality. The Senate Committee on Governance and Finance passed out SB 1000 on April 6, 2016 on a vote of 5-1. The Committee on Governance and Finance heard issues relative to its jurisdiction over bills relating to the General Plan provision of the bill. The Committee on Environmental Quality has consideration for the issues related to the environmental justice elements of this bill. SOURCE: California Environmental Justice Alliance Center for Community Action and Environmental Justice SUPPORT: American Lung Association in California Asian Pacific Environmental Network Breast Cancer Fund California Alliance for Retired Americans California Bicycle Coalition California Coastal Protection Network California League of Conservation Voters California Pan-Ethnic Health Network Center for Community Action and Environmental Justice SB 1000 (Leyva) Page 7 of ? Center on Race, Poverty, and the Environment Central Coast Alliance United for a Sustainable Economy City of San Diego, Councilmember David Alvarez Chino Valley Democratic Club Coalition For A Safe Environment Coalition for Clean Air Comite Civico del Valle Communities for a Better Environment Communities for a New California Concerned Community Members Parents of Redwood Elementary School Students Environmental Health Coalition Environmental Justice Coalition for Water Environmental Working Group Fresno Barrios Unidos Friends Committee on Legislation of California Greenlining Institute Inland Congregations United for Change Leadership Council for Justice and Accountability Pacoima Beautiful People Organizing to Demand Environmental and Economic Rights Physicians for Social Responsibility-Los Angeles Safe Routes to School National Partnership Sierra Club California Southern California College Access Network Strategic Concepts in Organizing & Policy Education Trust for Public Land Women's Foundation of California OPPOSITION: American Planning Association California Chapter California Building Industry Association California Chamber of Commerce ARGUMENTS IN SUPPORT: Support argues that "throughout California disadvantaged communities bear a disproportionate burden of pollution and environmental hazards. The supports argue that inappropriate land use remains a leading cause of environmental inequities, ranging from the lack of basic infrastructure to the exposure of toxins from industrial facilities. Residents in these communities often suffer poor health outcomes and other social and economic burdens. SB 1000 (Leyva) Page 8 of ? Supporters believe that SB 1000 will improve local planning efforts to reduce disproportionate environmental and health impacts on California's most vulnerable residents by ensuring that local governments include an environmental justice element in General Plans when they are updated. Supporters feel that by creating a standalone element that addresses environmental justice local planning policies will promote a healthier community for all by mitigating ARGUMENTS IN OPPOSITION: The California Chamber of Commerce and the California Building Industry Association argue that "requiring additional conditions along geographic lines will very likely affect where developments are sited or businesses locate or expand. By requiring that an environmental justice element be included for general plans within disadvantaged communities, SB 1000 is essentially redlining those communities" The California State Association of Counties has a support if amended position stating "that development of, amendments to and adoption of a General Plan all comprise lengthy and costly processes. Requiring a jurisdiction to adopt a new element would trigger the need to revise the entirety of its General Plan. Major revisions to the General Plan would also trigger the need to conduct robust environmental review and the development of an Environmental Impact Report (EIR). Rather than mandate an entirely new element CSAC supports the suggested alternative to require local agencies to conduct an impact analysis and develop proposed actions related to impacts of undesirable land uses on adjacent or surrounding communities consistent with the Governor's Office of Planning and Research's General Plan Guidelines." -- END --