BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: SB 1000
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|Author: |Leyva |
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|Version: |4/12/2016 |Hearing |4/20/2016 |
| | |Date: | |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Rachel Machi Wagoner |
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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
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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
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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.
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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
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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
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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
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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.
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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."
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