BILL ANALYSIS Ó
SB 1000
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Date of Hearing: June 29, 2016
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Susan Talamantes Eggman, Chair
SB
1000 (Leyva) - As Amended June 20, 2016
SENATE VOTE: 24-15
SUBJECT: Land use: general plans: environmental justice.
SUMMARY: Requires cities and counties to address environmental
justice in their general plans. Specifically, this bill:
1)Requires a city or county to include in the general plan an
environmental justice element
(EJ element), or related goals, policies, and objectives
integrated in other elements, that identifies disadvantaged
communities within the area covered by the general plan of
that city or county, if the city or county has a disadvantaged
community.
2)Requires the EJ element, or related EJ goals, policies, and
objectives integrated in other elements, to do all of the
following:
a) Identify objectives and policies to reduce the unique or
compounded health risks in disadvantaged communities by
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means that include, but are not limited to, the reduction
of pollution exposure, including the improvement of air
quality, and the promotion of public facilities, food
access, safe and sanitary homes, and physical activity;
b) Identify objectives and policies to promote civil
engagement in the public decisionmaking process; and,
c) Identify objectives and policies that prioritize
improvements and programs that address the needs of
disadvantaged communities.
3)Requires a city or county to adopt or review the EJ element,
or the EJ goals, policies, and objectives in other elements,
upon the adoption or next revision of two or more elements on
or after January 1, 2018.
4)Allows a city or county that has adopted an EJ element, or EJ
goals, policies, and objectives in other elements, in its
general plan or related documents, that substantially complies
to use that information to comply with the requirements of the
bill.
5)Defines the following terms:
a) "Disadvantaged communities" to mean an area identified
by the California Environmental Protection Agency, as
specified, or an area that is a low-income area that is
disproportionately affected by environmental pollution and
other hazards that can lead to negative health effects,
exposure, or environmental degradation.
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b) "Public facilities" to include public improvements,
public services, and community amenities, as defined.
6)Specifies that no reimbursement is required because a local
agency has the authority to levy service charges, fees, or
assessments sufficient to pay for the program or level of
service mandated by this act, as specified.
EXISTING LAW requires every city and county to adopt a general
plan with seven mandatory elements: land use, circulation,
housing, conservation, open space, noise and safety.
FISCAL EFFECT: This bill is keyed fiscal.
COMMENTS:
1)Bill Summary. This bill requires cities and counties to
address environmental justice in their general plans, either
by including an EJ element, or by including related EJ goals,
policies, and objectives that are integrated in other
elements, if that city or county has a disadvantaged
community, which the bill defines. A city or county would
need to review or adopt the EJ element or the EJ goals,
policies and objectives in other elements, upon the adoption
or next revision of two or more elements on or after January
1, 2018. Additionally, a city or county that has adopted an
EJ element or EJ goals, policies, and objectives in other
elements that substantially complies with the bill can use
that information to comply with these requirements.
This bill is sponsored by the California Environmental Justice
Alliance and the Center for Community Action and Environmental
Justice
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2)Author's Statement. 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."
"Many forward thinking local governments have already begun to
address environmental justice issues in their communities and
SB 1000 will further these efforts across the state.
Environmental justice is not just a catch phrase - it is a
very real and vital part of helping to plan and develop
healthy communities throughout California."
The sponsors note that "There are two cities in California
that have adopted an EJ Element in their General Plan -
National City in San Diego County and Jurupa Valley in
Riverside County. Since adopting an EJ element in their
General Plan, the Inland Empire Chapter of the American
Planning Association recognized Jurupa Valley with a "Best
Practices Award." Jurupa Valley also received state
recognition when it received the "Advancing Diversity and
Social Change in Honor of Paul Davidoff" Award, and is now
being considered for a national award."
3)Arguments in Support. Supporters note that this bill would
help cities and counties address issues, such as pollution
exposure, while promoting better food access, physical
activity, improved air quality and healthier communities.
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4)Arguments in Opposition. Opponents note that "all new
development must be consistent with the general plan. Yet the
federal and state constitutions prohibit requiring new
projects to pay for deficiencies that pre-date the proposed
new project in the community. New projects cannot comply with
both the proposed new general plan element and the federal and
state constitutions, though that is what the bill will
require."
REGISTERED SUPPORT / OPPOSITION:
Support
California Environmental Justice Alliance [SPONSOR]
Center for Community Action and Environmental Justice [SPONSOR]
Advancement Project
American Lung Association in California
American Planning Association, California Chapter
Asian Pacific Environmental Network
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Breast Cancer Fund
California Alliance for Retired Americans
California Coastal Protection Network
California Bicycle Coalition
California Black Health Network
California League of Conservation Voters
California Pan-Ethnic Health Network
California State Association of Counties
Center on Race, Poverty, and the Environment
Central Coast Alliance United for a Sustainable Economy
Chino Valley Democratic Club
Coalition for a Safe Environment
Coalition for Clean Air
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Comite Civico del Valle
Community Action to Fight Asthma
Communities for a New California
Concerned Community Members Parents of Redwood Elementary School
Students
Environmental Health Coalition
Environmental Working Group
Fresno Barrios Unidos
Friends Committee on Legislation of California
Greenlining Institute
Honorable David Alvarez, Councilmember, City of San Diego
Inland Congregations United for a Change
Leadership Counsel for Justice and Accountability
Natural Resources Defense Council
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National Association of Social Workers, California Chapter
Pacoima Beautiful
Physicians for Social Responsibility Los Angeles
PODER!
Regional Asthma Management and Prevention
Safe Routes to School National Partnership
Sierra Club California
Support (continued)
Southern California College Access Network
Strategic Concepts in Organizing and Policy Education
Trust for Public Land
Women's Foundation of California
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Opposition
American Council of Engineering Companies
California Apartment Association
California Association of Realtors
California Building Industry Association
California Business Properties Association
CalChamber
Cities of Camarillo, Roseville, San Jacinto, Thousand Oaks, San
Marcos
League of Cities
Analysis Prepared by:Debbie Michel / L. GOV. / (916)
319-3958
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