BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1000|
          |Office of Senate Floor Analyses   |                              |
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                                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








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          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.










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          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  








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            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.










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             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  








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            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








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          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 20:33:13


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