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 20:33:13 **** END ****