BILL ANALYSIS �
AB 1897
Page 1
ASSEMBLY THIRD READING
AB 1897 (Campos)
As Amended May 17, 2012
Majority vote
LOCAL GOVERNMENT 6-3 APPROPRIATIONS 12-5
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|Ayes:|Alejo, Bradford, Campos, |Ayes:|Fuentes, Blumenfield, |
| |Davis, Gordon, Hueso | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Smyth, Knight, Norby |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
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SUMMARY : Authorizes the Governor's Office of Planning and
Research (OPR) to prepare and amend the guidelines for the
preparation of and the content of the mandatory elements
required in city and county general plans to contain advice,
developed in consultation with the California Department of Food
and Agriculture (CDFA), for improving the health of Californians
by increasing access to healthy affordable food. Specifically,
this bill :
1)Allows OPR, upon the next revision of the guidelines related
to the preparation of and the content of the mandatory
elements required in city and county general plans, to prepare
and amend the guidelines to contain advice, developed in
consultation with CDFA, for improving the health of
Californians by increasing access to healthy affordable food.
2)Allows the advice to include, but not be limited to,
information on how a city or county may choose, if relevant,
to address the following issues:
a) Access to full and discount grocery stores;
b) Access to urban farming;
c) Access to community or school gardens;
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d) Access to farmers' markets;
e) Access to affordable food, including food retail spaces
that accept CalFresh benefits received under the federal
Supplemental Nutrition Assistance Program of the federal
Food and Nutrition Act of 2008, or benefits received under
the California Special Supplemental Food Program for Women,
Infants, and Children, as specified; and,
f) Access to transportation near grocery stores, including,
but not limited to, bus stops or other mass transportation
stops near the grocery store, free or low-cost shuttles to
and from the grocery store, taxi vouchers, and carpool
programs.
3)States that information included in the next revision of the
guidelines pursuant to the bill's provisions can be made
applicable to a city or county only at the discretion of its
legislative body.
EXISTING LAW :
1)Requires OPR to implement various long-range planning and
research policies and goals that are intended to shape
statewide development patterns and significantly influence the
quality of the state's environment and, in connection with
those responsibilities, to adopt guidelines for the
preparation and content of the mandatory elements required in
city and county general plans.
2)Requires each planning agency to prepare and the legislative
body of each county and city to adopt a comprehensive,
long-term general plan for the physical development of the
county or city, and of any land outside its boundaries which
in the planning agency's judgment bears relation to its
planning.
3)Requires the land use element of the general plan, to
designate the proposed general distribution and general
location and extent of the uses of the land for housing,
business, industry, open space, including agriculture, natural
resources, recreation, and enjoyment
of scenic beauty, education, public buildings and grounds, solid
and liquid waste disposal facilities, and other categories of
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public and private uses of land.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, there are minor absorbable costs related to the bill.
COMMENTS : A general plan is a local government's long-term
blueprint for development. OPR is responsible for updating the
General Plan Guidelines - the "how to" resource for drafting a
General Plan. OPR also monitors General Plan implementation
with annual progress reports from cities and counties, and
grants general plan extensions for qualified cities and
counties.
OPR, created by statute in 1970, is part of the Office of the
Governor. OPR serves the Governor and his Cabinet as staff for
long-range planning and research, and constitutes the
comprehensive state planning agency.
OPR last issued comprehensive General Plan Guidelines in 2003,
with several supplements on specific topics released more
recently. According to OPR, they are currently working on a
plan to move forward on the next revision of the General Plan
Guidelines.
This bill allows OPR, as part of the regular updating of
guidelines for cities and counties for the preparation of and
the content of the mandatory elements required in general plans,
to prepare and amend the guidelines to contain advice, developed
in consultation with CDFA, for improving the health of
Californians by increasing access to healthy affordable food.
The bill includes several issues that that advice could focus
on, including access to full and discount grocery stores, access
to urban farming, access to community or school gardens, access
to farmers' markets, and access to transportation near grocery
stores. The bill's provisions specify that it is up to the
discretion of the legislative body of the city or county whether
the guidelines would be applicable to that city or county.
According to the author, "increasing access to healthy food
provides several community benefits, including improved health,
increased economic opportunities, increased tax revenue to the
municipality, and recapturing local dollars that are spent at
grocery stores outside the local area.
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By authorizing the Governor's Office of Planning and Research to
prepare or amend general plan guidelines, this bill provides an
opportunity to improve the health of Californians by increasing
access to healthy affordable food. This bill is not intended to
force or mandate a city or county to amend their general plans.
This bill will provide the option to OPR and further work as a
tool for cities and counties if they so desire to do so."
Supporters argue that this bill is an important step toward
improving healthy food access for all Californians, and
encourages location-appropriate solutions - from grocery stores
to farmers' markets to urban farming - and will allow local
governments, if they choose, to plan for the improved health of
their communities in innovative, comprehensive ways.
One concern raised by several groups in opposition is that this
bill attempts to circumvent an existing process aimed at
developing recommendations to promote access to healthy foods in
underserved communities. Specifically, the California Grocers
Association (CGA) references the passage of AB 581 (John A.
P�rez), Chapter 505, Statutes of 2011, which required CDFA to
engage in a multi-stakeholder council in order to craft
recommendations relating to access to healthy foods. The
recommendations from that multi-stakeholder process are due to
be released in July of 2012.
CGA writes that "until recommendations have been received from
CDFA, it is inappropriate to forward legislation that
presupposes conclusions of the �multi-stakeholder] council?and
there is no reason to go around the process that the Legislature
established just months ago �in AB 581]."
The Legislature may wish to ask the author how this bill aligns
with the current process at CDFA.
Support arguments: According to the California Farm Bureau,
local communities would benefit economically as well by
encouraging the siting of new food outlets that can act as
anchors for other retail outlets.
Opposition arguments: The California Grocers Association writes
that this bill circumvents the multi-stakeholder CDFA process
already established by AB 581 (John A. P�rez) that is currently
being undertaken.
AB 1897
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Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958
FN: 0003675