BILL ANALYSIS Ó
SB 1000
Page 1
SENATE THIRD READING
SB
1000 (Leyva)
As Amended August 29, 2016
Majority vote
SENATE VOTE: 24-15
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Local |6-3 |Eggman, Alejo, |Waldron, Beth |
|Government | |Bonilla, Chiu, |Gaines, Linder |
| | |Cooley, Gordon | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |14-5 |Gonzalez, Bloom, |Bigelow, Gallagher, |
| | |Bonilla, Bonta, |Jones, Obernolte, |
| | |Calderon, Daly, |Wagner |
| | |Eggman, Eduardo | |
| | |Garcia, Holden, | |
| | |Quirk, Santiago, | |
| | |Weber, Wood, Chu | |
| | | | |
| | | | |
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SB 1000
Page 2
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 (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
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 decision-making 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
concurrently on or after January 1, 2018.
SB 1000
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4)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.
b) "Public facilities" to include public improvements,
public services, and community amenities, as defined.
c) "Low-income area" to mean an area with household incomes
at or below 80% of the statewide median income or with
household incomes at or below the threshold designated as
low income by the Department of Housing and Community
Development's list of state income limits adopted, as
specified.
5)Specifies that the Legislature does not intend, pursuant to
the bill's requirements, to require a city, county, or city
and county to take any action prohibited by the United States
Constitution or the California Constitution.
6)Contains chaptering out language to avoid conflicts with AB
2651 (Gomez) of the current legislative session.
7)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.
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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: According to the Assembly Appropriations
Committee:
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. (General Fund
(GF)). Since OPR is expected to release a comprehensive
update to its General Plan Guidelines this year, this bill is
likely to require OPR to provide supplemental guidance to
local agencies to account for new environmental justice
mandatory planning requirements.
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)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
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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 concurrently on or
after January 1, 2018.
This bill is sponsored by the California Environmental Justice
Alliance and the Center for Community Action and Environmental
Justice
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
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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.
4)Arguments in Opposition. None.
Analysis Prepared by:
Debbie Michel / L. GOV. / (916) 319-3958 FN:
0004979