BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1000|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 1000
Author: Leyva (D), et al.
Amended: 8/29/16
Vote: 21
SENATE GOVERNANCE & FIN. COMMITTEE: 5-1, 4/6/16
AYES: Hertzberg, Beall, Hernandez, Lara, Pavley
NOES: Moorlach
NO VOTE RECORDED: Nguyen
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-2, 4/20/16
AYES: Wieckowski, Hill, Jackson, Leno, Pavley
NOES: Gaines, Bates
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/27/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NOES: Bates, Nielsen
SENATE FLOOR: 24-15, 6/1/16
AYES: Allen, Beall, Block, De León, Hall, Hancock, Hernandez,
Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu,
McGuire, Mendoza, Mitchell, Monning, Pan, Pavley, Roth,
Wieckowski, Wolk
NOES: Anderson, Bates, Berryhill, Cannella, Fuller, Gaines,
Galgiani, Glazer, Huff, Moorlach, Morrell, Nguyen, Nielsen,
Stone, Vidak
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR: 44-26, 8/31/16 (ROLL CALL NOT AVAILABLE)
SUBJECT: Land use: general plans: safety and environmental
justice
SOURCE: Center for Community Action and Environmental Justice
SB 1000
Page 2
DIGEST: This bill requires cities and counties to address
environmental justice in their general plans.
Assembly Amendments allow cities and counties to either adopt a
separate environmental justice element or to integrate
environmental justice goals, policies, and objectives into their
general plans.
ANALYSIS:
Existing law:
1)Requires, pursuant to the Planning and Zoning Law:
a) Every county and city to adopt a general plan with seven
mandatory elements: land use, circulation, housing,
conservation, open space, noise, and safety.
b) The general plan to be "internally consistent," which
means the various elements cannot have conflicting
information or assumptions.
c) Cities and counties' major land use
decisions-subdivisions, zoning, public works projects, use
permits-to be consistent with their general plans.
d) The housing element to be updated no less than every
eight years, pursuant to a statutory schedule.
SB 1000
Page 3
1)Allows cities and counties to adopt optional elements that
address issues of their choosing.
2)Specifies that optional elements have the same legal force as
the mandatory elements.
3)Requires the Governor's Office of Planning and Research (OPR)
to publish and periodically revise General Plan Guidelines
that:
a) Recommend the information that local planners should
collect;
b) Suggest goals, policies, and objectives that local
general plans could adopt; and
c) List a wide range of feasible implementation measures to
carry out those local goals.
4)Designates OPR as the lead state agency on environmental
justice (EJ) matters (SB 115, Solis, Chapter 690, Statutes of
1999).
5)Requires OPR to adopt recommendations in its General Plan
Guidelines that local governments may use to address EJ issues
(AB 1553, Keeley, 2001).
This bill:
1)Requires a city or county to include in the general plan an 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
SB 1000
Page 4
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.
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.
SB 1000
Page 5
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).
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Assembly Appropriations Committee:
1)One-time costs of up to $60,000 to OPR to produce written
guidance related to the mandatory EJ element to supplement the
adopted General Plan Guidelines. (General Fund). 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 EJ mandatory planning requirements.
2)Unknown, significant local costs to develop and adopt a new EJ
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
SB 1000
Page 6
not state-reimbursable because local agencies have the
authority to impose fees to cover their costs.
SUPPORT: (Verified8/31/16)
Center for Community Action and Environmental Justice (source)
Advancement Project
Alameda County Board of Supervisors
American Lung Association - California
American Planning Association
Audubon Society
Breast Cancer Fund
California Alliance for Retired Americans
California Bicycle Coalition
California Coastal Protection Network
California Environmental Justice Alliance
California League of Conservation Voters
California Pan Ethnic Health Network
California State Association of Counties
Catholic Charities Diocese of Stockton
Center on Race, Poverty, and the Environment
CCoMPRESS
Central Coast Alliance United for a Sustainable Economy
Chino Valley Democratic Club
City of San Diego Council Member David Alvarez
Coalition for a Safe Environment
Coalition for Clean Air
Comite Civico del Valle
Communities for a Better Environment
Communities for a New California
Community Action to Fight Asthma
Councilmember David Alvarez, City of San Diego
East Yard Communities for Environmental Justice
Environmental Health Coalition
Environmental Working Group
Fresno Barrios Unidos
Friends Committee on Legislation of California
Greenlining Institute
Inland Congregations United for Change
Lung Association
SB 1000
Page 7
National Association of Social Workers
Natural Resources Defense Council
Physicians for Social Responsibility - Los Angeles
Policy Link
Regional Asthma Management and Prevention
Safe Routes to School National Partnership
SCOPE
Sierra Club California
SoCal CAN
Trust for Public Land
Women's Foundation of California
OPPOSITION: (Verified8/31/16)
California Chamber of Commerce
City of Camarillo
City of Roseville
City of San Jacinto
City of Thousand Oaks
Prepared by:Anton Favorini-Csorba / GOV. & F. / (916) 651-4119
8/31/16 18:46:56
**** END ****