BILL ANALYSIS Ó
SB 1000
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Date of Hearing: August 10, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SB 1000
(Leyva) - As Amended August 1, 2016
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|Policy |Local Government |Vote:|6 - 3 |
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY: This bill 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 (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
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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
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.
FISCAL EFFECT:
1)One-time costs of up to $60,000 to the Governor's Office of
Planning and Research (OPR) to produce written guidance
related to the mandatory environmental justice element to
supplement the adopted General Plan Guidelines. (GF). Since
OPR is expected to release a comprehensive update to its
General Plan Guidelines this year, SB 1000 is likely to
require OPR to provide supplemental guidance to local agencies
to account for new environmental justice mandatory planning
requirements.
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2)Unknown, significant local costs to develop and adopt a new
environmental justice general plan element, or related goals,
policies, and objectives that are integrated into other
elements, and revise other elements to ensure consistency.
These local costs are not state-reimbursable because local
agencies have the authority to impose fees to cover their
costs.
COMMENTS:
1)Purpose. 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."
2)Background. Existing law requires cities and counties to adopt
a general plan with seven mandatory elements: land use,
circulation, housing, conservation, open space, noise, and
safety. Although state law specifies the minimum requirements
of a plan, local officials may adopt optional elements that
address additional topics based on regional necessity. Once
adopted, those optional elements have the same legal force as
the mandatory elements. The general plan must be "internally
consistent," which means the various elements cannot have
conflicting information or assumptions. With the exception of
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the housing element, which must be updated every five to eight
years, cities and counties are not required to regularly
update the general plan.
Existing law requires OPR to periodically revise guidelines
for the preparation and content of local general plans. AB
1553 (Keeley), Chapter 762, Statutes of 2001, specifically
required OPR to adopt recommendations in its guidelines by
2003 that local governments can use to address environmental
justice issues in their general plans. OPR is currently in
the final stages of the first comprehensive update to the
General Plan Guidelines since 2003. The proposed guidelines
include stand-alone chapters on environmental justice and
community engagement, and also include provisions providing
guidance on social equity.
According to OPR's most recent Annual Planning Survey from
2014, 101 cities and counties reported that their general
plans provide consideration for equity issues, and two cities
have adopted optional general plan elements specifically
addressing environmental justice.
3)Arguments in Support. Supporters, primarily environmental
protection and health related organizations, 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.
4)Arguments in Opposition. Opponents, primarily cities,
builders, and business and commercial property owners, 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
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cannot comply with both the proposed new general plan element
and the federal and state constitutions, though that is what
the bill will require."
Analysis Prepared by:Jennifer Swenson / APPR. / (916)
319-2081