Bill Text: CA AB2684 | 2023-2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Safety element: extreme heat.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2024-06-18 - Read second time. Ordered to third reading. [AB2684 Detail]

Download: California-2023-AB2684-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2684

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Introduced by Assembly Member Bryan

February 14, 2024

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An act to add Section 65302.16 to the Government Code, relating to land use.

LEGISLATIVE COUNSEL'S DIGEST

AB 2684, as introduced, Bryan. Safety element: extreme heat.

The Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic and seismic hazards, flooding, and wildland and urban fires. Existing law requires the planning agency to review and, if necessary, revise the safety element upon each revision of its housing element or local hazard mitigation plan, but not less than once every 8 years, to identify new information relating to flood and fire hazards and climate adaptation and resiliency strategies applicable to the city or county that was not available during the previous revision of the safety element.

This bill would require a city or county, upon the next revision of its local hazard mitigation plan on or after January 1, 2024, to review and update its safety element as necessary to address the hazard of extreme heat, as specified. The bill, after the initial revision of the safety element pursuant to these provisions, would require the planning agency to review and revise the safety element upon each revision of the housing element or local hazard mitigation plan to identify new information relating to extreme heat hazards and climate adaptation and resiliency strategies that was not available during the previous revision of the safety element.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 65302.16 is added to the Government Code, to read:

65302.16.

 (a) Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2024, or, if a city or county has not adopted a local hazard mitigation plan, beginning on or before January 1, 2024, the safety element adopted pursuant to subdivision (g) of Section 65302 shall be reviewed and updated as necessary to address the hazard of extreme heat. A city or county that has adopted an extreme heat action plan or other document that fulfills commensurate goals and objectives may use that information in the safety element to comply with this section and, in that event, shall summarize and incorporate into the safety element that other plan or document.

(b) After the initial revision of the safety element pursuant to subdivision (a), the planning agency shall review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every eight years, to identify new information relating to extreme heat hazards and climate adaptation and resiliency strategies applicable to the city or county that was not available during the previous revision of the safety element.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act adding Section 65302.16 to the Government Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.