Bill Text: CA SB1000 | 2015-2016 | Regular Session | Chaptered
Bill Title: Land use: general plans: safety and environmental justice.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2016-09-24 - Chaptered by Secretary of State. Chapter 587, Statutes of 2016. [SB1000 Detail]
Download: California-2015-SB1000-Chaptered.html
BILL NUMBER: SB 1000 CHAPTERED
BILL TEXT
CHAPTER 587
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2016
APPROVED BY GOVERNOR SEPTEMBER 24, 2016
PASSED THE SENATE AUGUST 31, 2016
PASSED THE ASSEMBLY AUGUST 31, 2016
AMENDED IN ASSEMBLY AUGUST 29, 2016
AMENDED IN ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY AUGUST 1, 2016
AMENDED IN ASSEMBLY JUNE 20, 2016
AMENDED IN SENATE APRIL 12, 2016
AMENDED IN SENATE MARCH 30, 2016
INTRODUCED BY Senator Leyva
(Principal coauthor: Assembly Member Medina)
FEBRUARY 10, 2016
An act to amend Section 65302 of the Government Code, relating to
land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 1000, Leyva. Land use: general plans: safety and environmental
justice.
(1) The Planning and Zoning Law requires 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 that bears relation to its planning. That law
requires this general plan to include several elements, including,
among others, a safety element for the protection of the community
from unreasonable risks associated with the effects of various
geologic hazards, flooding, wildland and urban fires, and climate
adaptation and resilience strategies. That law requires that the
safety element be reviewed and updated, in the case of flooding and
fire hazards, upon the next revision of the housing element after
specified dates or, in the case of climate adaptation and resilience
strategies, upon either the next revision of a local hazard
mitigation plan after a specified date or on or before January 1,
2022, as applicable. That law also requires, after the initial
revision of the safety element to address flooding, fires, and
climate adaptation and resilience strategies, that for each
subsequent revision the planning agency review and, if necessary,
revise the safety element to identify new information that was not
available during the previous revision of the safety element.
This bill would instead require a planning agency to review and
revise the safety element to identify new information, as described
above, only to address flooding and fires.
This bill would, in addition, add to the required elements of the
general plan an environmental justice element, or related goals,
policies, and objectives integrated in other elements, that
identifies disadvantaged communities, as defined, within the area
covered by the general plan of the city, county, or city and county,
if the city, county, or city and county has a disadvantaged
community. The bill would also require the environmental justice
element, or related environmental justice goals, policies, and
objectives integrated in other elements, to identify objectives and
policies to reduce the unique or compounded health risks in
disadvantaged communities, as specified, identify objectives and
policies to promote civil engagement in the public decisionmaking
process, and identify objectives and policies that prioritize
improvements and programs that address the needs of disadvantaged
communities. The bill would require the environmental justice
element, or the environmental justice goals, policies, and objectives
in other elements, to be adopted or reviewed upon the adoption or
next revision of 2 or more elements concurrently on or after January
1, 2018. By adding to the duties of county and city officials, this
bill would impose a state-mandated local program.
(2) This bill would incorporate additional changes to Section
65302 of the Government Code, proposed by AB 2651 that would become
operative only if this bill and AB 2651 are enacted and become
effective on or before January 1, 2017, and this bill is chaptered
last.
(3) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65302 of the Government Code is amended to
read:
65302. The general plan shall consist of a statement of
development policies and shall include a diagram or diagrams and text
setting forth objectives, principles, standards, and plan proposals.
The plan shall include the following elements:
(a) A land use element that designates 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 public and private uses
of land. The location and designation of the extent of the uses of
the land for public and private uses shall consider the
identification of land and natural resources pursuant to paragraph
(3) of subdivision (d). The land use element shall include a
statement of the standards of population density and building
intensity recommended for the various districts and other territory
covered by the plan. The land use element shall identify and annually
review those areas covered by the plan that are subject to flooding
identified by flood plain mapping prepared by the Federal Emergency
Management Agency (FEMA) or the Department of Water Resources. The
land use element shall also do both of the following:
(1) Designate in a land use category that provides for timber
production those parcels of real property zoned for timberland
production pursuant to the California Timberland Productivity Act of
1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of
Division 1 of Title 5).
(2) Consider the impact of new growth on military readiness
activities carried out on military bases, installations, and
operating and training areas, when proposing zoning ordinances or
designating land uses covered by the general plan for land, or other
territory adjacent to military facilities, or underlying designated
military aviation routes and airspace.
(A) In determining the impact of new growth on military readiness
activities, information provided by military facilities shall be
considered. Cities and counties shall address military impacts based
on information from the military and other sources.
(B) The following definitions govern this paragraph:
(i) "Military readiness activities" mean all of the following:
(I) Training, support, and operations that prepare the men and
women of the military for combat.
(II) Operation, maintenance, and security of any military
installation.
(III) Testing of military equipment, vehicles, weapons, and
sensors for proper operation or suitability for combat use.
(ii) "Military installation" means a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity under
the jurisdiction of the United States Department of Defense as
defined in paragraph (1) of subsection (g) of Section 2687 of Title
10 of the United States Code.
(b) (1) A circulation element consisting of the general location
and extent of existing and proposed major thoroughfares,
transportation routes, terminals, any military airports and ports,
and other local public utilities and facilities, all correlated with
the land use element of the plan.
(2) (A) Commencing January 1, 2011, upon any substantive revision
of the circulation element, the legislative body shall modify the
circulation element to plan for a balanced, multimodal transportation
network that meets the needs of all users of streets, roads, and
highways for safe and convenient travel in a manner that is suitable
to the rural, suburban, or urban context of the general plan.
(B) For purposes of this paragraph, "users of streets, roads, and
highways" mean bicyclists, children, persons with disabilities,
motorists, movers of commercial goods, pedestrians, users of public
transportation, and seniors.
(c) A housing element as provided in Article 10.6 (commencing with
Section 65580).
(d) (1) A conservation element for the conservation, development,
and utilization of natural resources including water and its
hydraulic force, forests, soils, rivers and other waters, harbors,
fisheries, wildlife, minerals, and other natural resources. The
conservation element shall consider the effect of development within
the jurisdiction, as described in the land use element, on natural
resources located on public lands, including military installations.
That portion of the conservation element including waters shall be
developed in coordination with any countywide water agency and with
all district and city agencies, including flood management, water
conservation, or groundwater agencies that have developed, served,
controlled, managed, or conserved water of any type for any purpose
in the county or city for which the plan is prepared. Coordination
shall include the discussion and evaluation of any water supply and
demand information described in Section 65352.5, if that information
has been submitted by the water agency to the city or county.
(2) The conservation element may also cover all of the following:
(A) The reclamation of land and waters.
(B) Prevention and control of the pollution of streams and other
waters.
(C) Regulation of the use of land in stream channels and other
areas required for the accomplishment of the conservation plan.
(D) Prevention, control, and correction of the erosion of soils,
beaches, and shores.
(E) Protection of watersheds.
(F) The location, quantity and quality of the rock, sand, and
gravel resources.
(3) Upon the next revision of the housing element on or after
January 1, 2009, the conservation element shall identify rivers,
creeks, streams, flood corridors, riparian habitats, and land that
may accommodate floodwater for purposes of groundwater recharge and
stormwater management.
(e) An open-space element as provided in Article 10.5 (commencing
with Section 65560).
(f) (1) A noise element that shall identify and appraise noise
problems in the community. The noise element shall analyze and
quantify, to the extent practicable, as determined by the legislative
body, current and projected noise levels for all of the following
sources:
(A) Highways and freeways.
(B) Primary arterials and major local streets.
(C) Passenger and freight online railroad operations and ground
rapid transit systems.
(D) Commercial, general aviation, heliport, helistop, and military
airport operations, aircraft overflights, jet engine test stands,
and all other ground facilities and maintenance functions related to
airport operation.
(E) Local industrial plants, including, but not limited to,
railroad classification yards.
(F) Other ground stationary noise sources, including, but not
limited to, military installations, identified by local agencies as
contributing to the community noise environment.
(2) Noise contours shall be shown for all of these sources and
stated in terms of community noise equivalent level (CNEL) or
day-night average sound level (Ldn). The noise contours shall be
prepared on the basis of noise monitoring or following generally
accepted noise modeling techniques for the various sources identified
in paragraphs (1) to (6), inclusive.
(3) The noise contours shall be used as a guide for establishing a
pattern of land uses in the land use element that minimizes the
exposure of community residents to excessive noise.
(4) The noise element shall include implementation measures and
possible solutions that address existing and foreseeable noise
problems, if any. The adopted noise element shall serve as a
guideline for compliance with the state's noise insulation standards.
(g) (1) A safety element for the protection of the community from
any unreasonable risks associated with the effects of seismically
induced surface rupture, ground shaking, ground failure, tsunami,
seiche, and dam failure; slope instability leading to mudslides and
landslides; subsidence; liquefaction; and other seismic hazards
identified pursuant to Chapter 7.8 (commencing with Section 2690) of
Division 2 of the Public Resources Code, and other geologic hazards
known to the legislative body; flooding; and wildland and urban
fires. The safety element shall include mapping of known seismic and
other geologic hazards. It shall also address evacuation routes,
military installations, peakload water supply requirements, and
minimum road widths and clearances around structures, as those items
relate to identified fire and geologic hazards.
(2) The safety element, upon the next revision of the housing
element on or after January 1, 2009, shall also do the following:
(A) Identify information regarding flood hazards, including, but
not limited to, the following:
(i) Flood hazard zones. As used in this subdivision, "flood hazard
zone" means an area subject to flooding that is delineated as either
a special hazard area or an area of moderate or minimal hazard on an
official flood insurance rate map issued by the Federal Emergency
Management Agency (FEMA). The identification of a flood hazard zone
does not imply that areas outside the flood hazard zones or uses
permitted within flood hazard zones will be free from flooding or
flood damage.
(ii) National Flood Insurance Program maps published by FEMA.
(iii) Information about flood hazards that is available from the
United States Army Corps of Engineers.
(iv) Designated floodway maps that are available from the Central
Valley Flood Protection Board.
(v) Dam failure inundation maps prepared pursuant to Section
8589.5 that are available from the Office of Emergency Services.
(vi) Awareness Floodplain Mapping Program maps and 200-year flood
plain maps that are or may be available from, or accepted by, the
Department of Water Resources.
(vii) Maps of levee protection zones.
(viii) Areas subject to inundation in the event of the failure of
project or nonproject levees or floodwalls.
(ix) Historical data on flooding, including locally prepared maps
of areas that are subject to flooding, areas that are vulnerable to
flooding after wildfires, and sites that have been repeatedly damaged
by flooding.
(x) Existing and planned development in flood hazard zones,
including structures, roads, utilities, and essential public
facilities.
(xi) Local, state, and federal agencies with responsibility for
flood protection, including special districts and local offices of
emergency services.
(B) Establish a set of comprehensive goals, policies, and
objectives based on the information identified pursuant to
subparagraph (A), for the protection of the community from the
unreasonable risks of flooding, including, but not limited to:
(i) Avoiding or minimizing the risks of flooding to new
development.
(ii) Evaluating whether new development should be located in flood
hazard zones, and identifying construction methods or other methods
to minimize damage if new development is located in flood hazard
zones.
(iii) Maintaining the structural and operational integrity of
essential public facilities during flooding.
(iv) Locating, when feasible, new essential public facilities
outside of flood hazard zones, including hospitals and health care
facilities, emergency shelters, fire stations, emergency command
centers, and emergency communications facilities or identifying
construction methods or other methods to minimize damage if these
facilities are located in flood hazard zones.
(v) Establishing cooperative working relationships among public
agencies with responsibility for flood protection.
(C) Establish a set of feasible implementation measures designed
to carry out the goals, policies, and objectives established pursuant
to subparagraph (B).
(3) Upon the next revision of the housing element on or after
January 1, 2014, the safety element shall be reviewed and updated as
necessary to address the risk of fire for land classified as state
responsibility areas, as defined in Section 4102 of the Public
Resources Code, and land classified as very high fire hazard severity
zones, as defined in Section 51177. This review shall consider the
advice included in the Office of Planning and Research's most recent
publication of "Fire Hazard Planning, General Plan Technical Advice
Series" and shall also include all of the following:
(A) Information regarding fire hazards, including, but not limited
to, all of the following:
(i) Fire hazard severity zone maps available from the Department
of Forestry and Fire Protection.
(ii) Any historical data on wildfires available from local
agencies or a reference to where the data can be found.
(iii) Information about wildfire hazard areas that may be
available from the United States Geological Survey.
(iv) General location and distribution of existing and planned
uses of land in very high fire hazard severity zones and in state
responsibility areas, including structures, roads, utilities, and
essential public facilities. The location and distribution of planned
uses of land shall not require defensible space compliance measures
required by state law or local ordinance to occur on publicly owned
lands or open-space designations of homeowner associations.
(v) Local, state, and federal agencies with responsibility for
fire protection, including special districts and local offices of
emergency services.
(B) A set of goals, policies, and objectives based on the
information identified pursuant to subparagraph (A) for the
protection of the community from the unreasonable risk of wildfire.
(C) A set of feasible implementation measures designed to carry
out the goals, policies, and objectives based on the information
identified pursuant to subparagraph (B) including, but not limited
to, all of the following:
(i) Avoiding or minimizing the wildfire hazards associated with
new uses of land.
(ii) Locating, when feasible, new essential public facilities
outside of high fire risk areas, including, but not limited to,
hospitals and health care facilities, emergency shelters, emergency
command centers, and emergency communications facilities, or
identifying construction methods or other methods to minimize damage
if these facilities are located in a state responsibility area or
very high fire hazard severity zone.
(iii) Designing adequate infrastructure if a new development is
located in a state responsibility area or in a very high fire hazard
severity zone, including safe access for emergency response vehicles,
visible street signs, and water supplies for structural fire
suppression.
(iv) Working cooperatively with public agencies with
responsibility for fire protection.
(D) If a city or county has adopted a fire safety plan or document
separate from the general plan, an attachment of, or reference to, a
city or county's adopted fire safety plan or document that fulfills
commensurate goals and objectives and contains information required
pursuant to this paragraph.
(4) 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, 2017, or, if a
local jurisdiction has not adopted a local hazard mitigation plan,
beginning on or before January 1, 2022, the safety element shall be
reviewed and updated as necessary to address climate adaptation and
resiliency strategies applicable to the city or county. This review
shall consider advice provided in the Office of Planning and Research'
s General Plan Guidelines and shall include all of the following:
(A) (i) A vulnerability assessment that identifies the risks that
climate change poses to the local jurisdiction and the geographic
areas at risk from climate change impacts, including, but not limited
to, an assessment of how climate change may affect the risks
addressed pursuant to paragraphs (2) and (3).
(ii) Information that may be available from federal, state,
regional, and local agencies that will assist in developing the
vulnerability assessment and the adaptation policies and strategies
required pursuant to subparagraph (B), including, but not limited to,
all of the following:
(I) Information from the Internet-based Cal-Adapt tool.
(II) Information from the most recent version of the California
Adaptation Planning Guide.
(III) Information from local agencies on the types of assets,
resources, and populations that will be sensitive to various climate
change exposures.
(IV) Information from local agencies on their current ability to
deal with the impacts of climate change.
(V) Historical data on natural events and hazards, including
locally prepared maps of areas subject to previous risk, areas that
are vulnerable, and sites that have been repeatedly damaged.
(VI) Existing and planned development in identified at-risk areas,
including structures, roads, utilities, and essential public
facilities.
(VII) Federal, state, regional, and local agencies with
responsibility for the protection of public health and safety and the
environment, including special districts and local offices of
emergency services.
(B) A set of adaptation and resilience goals, policies, and
objectives based on the information specified in subparagraph (A) for
the protection of the community.
(C) A set of feasible implementation measures designed to carry
out the goals, policies, and objectives identified pursuant to
subparagraph (B) including, but not limited to, all of the following:
(i) Feasible methods to avoid or minimize climate change impacts
associated with new uses of land.
(ii) The location, when feasible, of new essential public
facilities outside of at-risk areas, including, but not limited to,
hospitals and health care facilities, emergency shelters, emergency
command centers, and emergency communications facilities, or
identifying construction methods or other methods to minimize damage
if these facilities are located in at-risk areas.
(iii) The designation of adequate and feasible infrastructure
located in an at-risk area.
(iv) Guidelines for working cooperatively with relevant local,
regional, state, and federal agencies.
(v) The identification of natural infrastructure that may be used
in adaptation projects, where feasible. Where feasible, the plan
shall use existing natural features and ecosystem processes, or the
restoration of natural features and ecosystem processes, when
developing alternatives for consideration. For the purposes of this
clause, "natural infrastructure" means the preservation or
restoration of ecological systems, or utilization of engineered
systems that use ecological processes, to increase resiliency to
climate change, manage other environmental hazards, or both. This may
include, but is not limited to, floodplain and wetlands restoration
or preservation, combining levees with restored natural systems to
reduce flood risk, and urban tree planting to mitigate high heat
days.
(D) (i) If a city or county has adopted the local hazard
mitigation plan, or other climate adaptation plan or document that
fulfills commensurate goals and objectives and contains the
information required pursuant to this paragraph, separate from the
general plan, an attachment of, or reference to, the local hazard
mitigation plan or other climate adaptation plan or document.
(ii) Cities or counties that have an adopted hazard mitigation
plan, or other climate adaptation plan or document that substantially
complies with this section, or have substantially equivalent
provisions to this subdivision in their general plans, may use that
information in the safety element to comply with this subdivision,
and shall summarize and incorporate by reference into the safety
element the other general plan provisions, climate adaptation plan or
document, specifically showing how each requirement of this
subdivision has been met.
(5) After the initial revision of the safety element pursuant to
paragraphs (2) and (3) upon each revision of the housing element, the
planning agency shall review and, if necessary, revise the safety
element to identify new information relating to flood and fire
hazards that was not available during the previous revision of the
safety element.
(6) Cities and counties that have flood plain management
ordinances that have been approved by FEMA that substantially comply
with this section, or have substantially equivalent provisions to
this subdivision in their general plans, may use that information in
the safety element to comply with this subdivision, and shall
summarize and incorporate by reference into the safety element the
other general plan provisions or the flood plain ordinance,
specifically showing how each requirement of this subdivision has
been met.
(7) Prior to the periodic review of its general plan and prior to
preparing or revising its safety element, each city and county shall
consult the California Geological Survey of the Department of
Conservation, the Central Valley Flood Protection Board, if the city
or county is located within the boundaries of the Sacramento and San
Joaquin Drainage District, as set forth in Section 8501 of the Water
Code, and the Office of Emergency Services for the purpose of
including information known by and available to the department, the
agency, and the board required by this subdivision.
(8) To the extent that a county's safety element is sufficiently
detailed and contains appropriate policies and programs for adoption
by a city, a city may adopt that portion of the county's safety
element that pertains to the city's planning area in satisfaction of
the requirement imposed by this subdivision.
(h) (1) An environmental justice element, or related goals,
policies, and objectives integrated in other elements, that
identifies disadvantaged communities within the area covered by the
general plan of the city, county, or city and county, if the city,
county, or city and county has a disadvantaged community. The
environmental justice element, or related environmental justice
goals, policies, and objectives integrated in other elements, shall
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 decisionmaking process.
(C) Identify objectives and policies that prioritize improvements
and programs that address the needs of disadvantaged communities.
(2) A city, county, or city and county subject to this subdivision
shall adopt or review the environmental justice element, or the
environmental justice 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.
(3) By adding this subdivision, the Legislature does not intend to
require a city, county, or city and county to take any action
prohibited by the United States Constitution or the California
Constitution.
(4) For purposes of this subdivision, the following terms shall
apply:
(A) "Disadvantaged communities" means an area identified by the
California Environmental Protection Agency pursuant to Section 39711
of the Health and Safety Code 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.
(B) "Public facilities" includes public improvements, public
services, and community amenities, as defined in subdivision (d) of
Section 66000.
(C) "Low-income area" means an area with household incomes at or
below 80 percent 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 pursuant to Section 50093.
SEC. 1.5. Section 65302 of the Government Code is amended to read:
65302. The general plan shall consist of a statement of
development policies and shall include a diagram or diagrams and text
setting forth objectives, principles, standards, and plan proposals.
The plan shall include the following elements:
(a) A land use element that designates 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, greenways, as defined in Section 816.52 of the
Civil Code, and other categories of public and private uses of land.
The location and designation of the extent of the uses of the land
for public and private uses shall consider the identification of land
and natural resources pursuant to paragraph (3) of subdivision (d).
The land use element shall include a statement of the standards of
population density and building intensity recommended for the various
districts and other territory covered by the plan. The land use
element shall identify and annually review those areas covered by the
plan that are subject to flooding identified by flood plain mapping
prepared by the Federal Emergency Management Agency (FEMA) or the
Department of Water Resources. The land use element shall also do
both of the following:
(1) Designate in a land use category that provides for timber
production those parcels of real property zoned for timberland
production pursuant to the California Timberland Productivity Act of
1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of
Division 1 of Title 5).
(2) Consider the impact of new growth on military readiness
activities carried out on military bases, installations, and
operating and training areas, when proposing zoning ordinances or
designating land uses covered by the general plan for land, or other
territory adjacent to military facilities, or underlying designated
military aviation routes and airspace.
(A) In determining the impact of new growth on military readiness
activities, information provided by military facilities shall be
considered. Cities and counties shall address military impacts based
on information from the military and other sources.
(B) The following definitions govern this paragraph:
(i) "Military readiness activities" mean all of the following:
(I) Training, support, and
operations that prepare the men and women of the military for combat.
(II) Operation, maintenance, and security of any military
installation.
(III) Testing of military equipment, vehicles, weapons, and
sensors for proper operation or suitability for combat use.
(ii) "Military installation" means a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity under
the jurisdiction of the United States Department of Defense as
defined in paragraph (1) of subsection (g) of Section 2687 of Title
10 of the United States Code.
(b) (1) A circulation element consisting of the general location
and extent of existing and proposed major thoroughfares,
transportation routes, terminals, any military airports and ports,
and other local public utilities and facilities, all correlated with
the land use element of the plan.
(2) (A) Commencing January 1, 2011, upon any substantive revision
of the circulation element, the legislative body shall modify the
circulation element to plan for a balanced, multimodal transportation
network that meets the needs of all users of streets, roads, and
highways for safe and convenient travel in a manner that is suitable
to the rural, suburban, or urban context of the general plan.
(B) For purposes of this paragraph, "users of streets, roads, and
highways" mean bicyclists, children, persons with disabilities,
motorists, movers of commercial goods, pedestrians, users of public
transportation, and seniors.
(c) A housing element as provided in Article 10.6 (commencing with
Section 65580).
(d) (1) A conservation element for the conservation, development,
and utilization of natural resources including water and its
hydraulic force, forests, soils, rivers and other waters, harbors,
fisheries, wildlife, minerals, and other natural resources. The
conservation element shall consider the effect of development within
the jurisdiction, as described in the land use element, on natural
resources located on public lands, including military installations.
That portion of the conservation element including waters shall be
developed in coordination with any countywide water agency and with
all district and city agencies, including flood management, water
conservation, or groundwater agencies that have developed, served,
controlled, managed, or conserved water of any type for any purpose
in the county or city for which the plan is prepared. Coordination
shall include the discussion and evaluation of any water supply and
demand information described in Section 65352.5, if that information
has been submitted by the water agency to the city or county.
(2) The conservation element may also cover all of the following:
(A) The reclamation of land and waters.
(B) Prevention and control of the pollution of streams and other
waters.
(C) Regulation of the use of land in stream channels and other
areas required for the accomplishment of the conservation plan.
(D) Prevention, control, and correction of the erosion of soils,
beaches, and shores.
(E) Protection of watersheds.
(F) The location, quantity, and quality of the rock, sand, and
gravel resources.
(3) Upon the next revision of the housing element on or after
January 1, 2009, the conservation element shall identify rivers,
creeks, streams, flood corridors, riparian habitats, and land that
may accommodate floodwater for purposes of groundwater recharge and
stormwater management.
(e) An open-space element as provided in Article 10.5 (commencing
with Section 65560).
(f) (1) A noise element that shall identify and appraise noise
problems in the community. The noise element shall analyze and
quantify, to the extent practicable, as determined by the legislative
body, current and projected noise levels for all of the following
sources:
(A) Highways and freeways.
(B) Primary arterials and major local streets.
(C) Passenger and freight online railroad operations and ground
rapid transit systems.
(D) Commercial, general aviation, heliport, helistop, and military
airport operations, aircraft overflights, jet engine test stands,
and all other ground facilities and maintenance functions related to
airport operation.
(E) Local industrial plants, including, but not limited to,
railroad classification yards.
(F) Other ground stationary noise sources, including, but not
limited to, military installations, identified by local agencies as
contributing to the community noise environment.
(2) Noise contours shall be shown for all of these sources and
stated in terms of community noise equivalent level (CNEL) or
day-night average sound level (Ldn). The noise contours shall be
prepared on the basis of noise monitoring or following generally
accepted noise modeling techniques for the various sources identified
in paragraphs (1) to (6), inclusive.
(3) The noise contours shall be used as a guide for establishing a
pattern of land uses in the land use element that minimizes the
exposure of community residents to excessive noise.
(4) The noise element shall include implementation measures and
possible solutions that address existing and foreseeable noise
problems, if any. The adopted noise element shall serve as a
guideline for compliance with the state's noise insulation standards.
(g) (1) A safety element for the protection of the community from
any unreasonable risks associated with the effects of seismically
induced surface rupture, ground shaking, ground failure, tsunami,
seiche, and dam failure; slope instability leading to mudslides and
landslides; subsidence; liquefaction; and other seismic hazards
identified pursuant to Chapter 7.8 (commencing with Section 2690) of
Division 2 of the Public Resources Code, and other geologic hazards
known to the legislative body; flooding; and wildland and urban
fires. The safety element shall include mapping of known seismic and
other geologic hazards. It shall also address evacuation routes,
military installations, peakload water supply requirements, and
minimum road widths and clearances around structures, as those items
relate to identified fire and geologic hazards.
(2) The safety element, upon the next revision of the housing
element on or after January 1, 2009, shall also do the following:
(A) Identify information regarding flood hazards, including, but
not limited to, the following:
(i) Flood hazard zones. As used in this subdivision, "flood hazard
zone" means an area subject to flooding that is delineated as either
a special hazard area or an area of moderate or minimal hazard on an
official flood insurance rate map issued by the Federal Emergency
Management Agency (FEMA). The identification of a flood hazard zone
does not imply that areas outside the flood hazard zones or uses
permitted within flood hazard zones will be free from flooding or
flood damage.
(ii) National Flood Insurance Program maps published by FEMA.
(iii) Information about flood hazards that is available from the
United States Army Corps of Engineers.
(iv) Designated floodway maps that are available from the Central
Valley Flood Protection Board.
(v) Dam failure inundation maps prepared pursuant to Section
8589.5 that are available from the Office of Emergency Services.
(vi) Awareness Floodplain Mapping Program maps and 200-year flood
plain maps that are or may be available from, or accepted by, the
Department of Water Resources.
(vii) Maps of levee protection zones.
(viii) Areas subject to inundation in the event of the failure of
project or nonproject levees or floodwalls.
(ix) Historical data on flooding, including locally prepared maps
of areas that are subject to flooding, areas that are vulnerable to
flooding after wildfires, and sites that have been repeatedly damaged
by flooding.
(x) Existing and planned development in flood hazard zones,
including structures, roads, utilities, and essential public
facilities.
(xi) Local, state, and federal agencies with responsibility for
flood protection, including special districts and local offices of
emergency services.
(B) Establish a set of comprehensive goals, policies, and
objectives based on the information identified pursuant to
subparagraph (A), for the protection of the community from the
unreasonable risks of flooding, including, but not limited to:
(i) Avoiding or minimizing the risks of flooding to new
development.
(ii) Evaluating whether new development should be located in flood
hazard zones, and identifying construction methods or other methods
to minimize damage if new development is located in flood hazard
zones.
(iii) Maintaining the structural and operational integrity of
essential public facilities during flooding.
(iv) Locating, when feasible, new essential public facilities
outside of flood hazard zones, including hospitals and health care
facilities, emergency shelters, fire stations, emergency command
centers, and emergency communications facilities or identifying
construction methods or other methods to minimize damage if these
facilities are located in flood hazard zones.
(v) Establishing cooperative working relationships among public
agencies with responsibility for flood protection.
(C) Establish a set of feasible implementation measures designed
to carry out the goals, policies, and objectives established pursuant
to subparagraph (B).
(3) Upon the next revision of the housing element on or after
January 1, 2014, the safety element shall be reviewed and updated as
necessary to address the risk of fire for land classified as state
responsibility areas, as defined in Section 4102 of the Public
Resources Code, and land classified as very high fire hazard severity
zones, as defined in Section 51177. This review shall consider the
advice included in the Office of Planning and Research's most recent
publication of "Fire Hazard Planning, General Plan Technical Advice
Series" and shall also include all of the following:
(A) Information regarding fire hazards, including, but not limited
to, all of the following:
(i) Fire hazard severity zone maps available from the Department
of Forestry and Fire Protection.
(ii) Any historical data on wildfires available from local
agencies or a reference to where the data can be found.
(iii) Information about wildfire hazard areas that may be
available from the United States Geological Survey.
(iv) General location and distribution of existing and planned
uses of land in very high fire hazard severity zones and in state
responsibility areas, including structures, roads, utilities, and
essential public facilities. The location and distribution of planned
uses of land shall not require defensible space compliance measures
required by state law or local ordinance to occur on publicly owned
lands or open space designations of homeowner associations.
(v) Local, state, and federal agencies with responsibility for
fire protection, including special districts and local offices of
emergency services.
(B) A set of goals, policies, and objectives based on the
information identified pursuant to subparagraph (A) for the
protection of the community from the unreasonable risk of wildfire.
(C) A set of feasible implementation measures designed to carry
out the goals, policies, and objectives based on the information
identified pursuant to subparagraph (B) including, but not limited
to, all of the following:
(i) Avoiding or minimizing the wildfire hazards associated with
new uses of land.
(ii) Locating, when feasible, new essential public facilities
outside of high fire risk areas, including, but not limited to,
hospitals and health care facilities, emergency shelters, emergency
command centers, and emergency communications facilities, or
identifying construction methods or other methods to minimize damage
if these facilities are located in a state responsibility area or
very high fire hazard severity zone.
(iii) Designing adequate infrastructure if a new development is
located in a state responsibility area or in a very high fire hazard
severity zone, including safe access for emergency response vehicles,
visible street signs, and water supplies for structural fire
suppression.
(iv) Working cooperatively with public agencies with
responsibility for fire protection.
(D) If a city or county has adopted a fire safety plan or document
separate from the general plan, an attachment of, or reference to, a
city or county's adopted fire safety plan or document that fulfills
commensurate goals and objectives and contains information required
pursuant to this paragraph.
(4) 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, 2017, or, if a
local jurisdiction has not adopted a local hazard mitigation plan,
beginning on or before January 1, 2022, the safety element shall be
reviewed and updated as necessary to address climate adaptation and
resiliency strategies applicable to the city or county. This review
shall consider advice provided in the Office of Planning and Research'
s General Plan Guidelines and shall include all of the following:
(A) (i) A vulnerability assessment that identifies the risks that
climate change poses to the local jurisdiction and the geographic
areas at risk from climate change impacts, including, but not limited
to, an assessment of how climate change may affect the risks
addressed pursuant to paragraphs (2) and (3).
(ii) Information that may be available from federal, state,
regional, and local agencies that will assist in developing the
vulnerability assessment and the adaptation policies and strategies
required pursuant to subparagraph (B), including, but not limited to,
all of the following:
(I) Information from the Internet-based Cal-Adapt tool.
(II) Information from the most recent version of the California
Adaptation Planning Guide.
(III) Information from local agencies on the types of assets,
resources, and populations that will be sensitive to various climate
change exposures.
(IV) Information from local agencies on their current ability to
deal with the impacts of climate change.
(V) Historical data on natural events and hazards, including
locally prepared maps of areas subject to previous risk, areas that
are vulnerable, and sites that have been repeatedly damaged.
(VI) Existing and planned development in identified at-risk areas,
including structures, roads, utilities, and essential public
facilities.
(VII) Federal, state, regional, and local agencies with
responsibility for the protection of public health and safety and the
environment, including special districts and local offices of
emergency services.
(B) A set of adaptation and resilience goals, policies, and
objectives based on the information specified in subparagraph (A) for
the protection of the community.
(C) A set of feasible implementation measures designed to carry
out the goals, policies, and objectives identified pursuant to
subparagraph (B) including, but not limited to, all of the following:
(i) Feasible methods to avoid or minimize climate change impacts
associated with new uses of land.
(ii) The location, when feasible, of new essential public
facilities outside of at-risk areas, including, but not limited to,
hospitals and health care facilities, emergency shelters, emergency
command centers, and emergency communications facilities, or
identifying construction methods or other methods to minimize damage
if these facilities are located in at-risk areas.
(iii) The designation of adequate and feasible infrastructure
located in an at-risk area.
(iv) Guidelines for working cooperatively with relevant local,
regional, state, and federal agencies.
(v) The identification of natural infrastructure that may be used
in adaptation projects, where feasible. Where feasible, the plan
shall use existing natural features and ecosystem processes, or the
restoration of natural features and ecosystem processes, when
developing alternatives for consideration. For the purposes of this
clause, "natural infrastructure" means the preservation or
restoration of ecological systems, or utilization of engineered
systems that use ecological processes, to increase resiliency to
climate change, manage other environmental hazards, or both. This may
include, but is not limited to, floodplain and wetlands restoration
or preservation, combining levees with restored natural systems to
reduce flood risk, and urban tree planting to mitigate high heat
days.
(D) (i) If a city or county has adopted the local hazard
mitigation plan, or other climate adaptation plan or document that
fulfills commensurate goals and objectives and contains the
information required pursuant to this paragraph, separate from the
general plan, an attachment of, or reference to, the local hazard
mitigation plan or other climate adaptation plan or document.
(ii) Cities or counties that have an adopted hazard mitigation
plan, or other climate adaptation plan or document that substantially
complies with this section, or have substantially equivalent
provisions to this subdivision in their general plans, may use that
information in the safety element to comply with this subdivision,
and shall summarize and incorporate by reference into the safety
element the other general plan provisions, climate adaptation plan or
document, specifically showing how each requirement of this
subdivision has been met.
(5) After the initial revision of the safety element pursuant to
paragraphs (2) and (3) upon each revision of the housing element, the
planning agency shall review and, if necessary, revise the safety
element to identify new information relating to flood and fire
hazards that was not available during the previous revision of the
safety element.
(6) Cities and counties that have flood plain management
ordinances that have been approved by FEMA that substantially comply
with this section, or have substantially equivalent provisions to
this subdivision in their general plans, may use that information in
the safety element to comply with this subdivision, and shall
summarize and incorporate by reference into the safety element the
other general plan provisions or the flood plain ordinance,
specifically showing how each requirement of this subdivision has
been met.
(7) Prior to the periodic review of its general plan and prior to
preparing or revising its safety element, each city and county shall
consult the California Geological Survey of the Department of
Conservation, the Central Valley Flood Protection Board, if the city
or county is located within the boundaries of the Sacramento and San
Joaquin Drainage District, as set forth in Section 8501 of the Water
Code, and the Office of Emergency Services for the purpose of
including information known by and available to the department, the
agency, and the board required by this subdivision.
(8) To the extent that a county's safety element is sufficiently
detailed and contains appropriate policies and programs for adoption
by a city, a city may adopt that portion of the county's safety
element that pertains to the city's planning area in satisfaction of
the requirement imposed by this subdivision.
(h) (1) An environmental justice element, or related goals,
policies, and objectives integrated in other elements, that
identifies disadvantaged communities within the area covered by the
general plan of the city, county, or city and county, if the city,
county, or city and county has a disadvantaged community. The
environmental justice element, or related environmental justice
goals, policies, and objectives integrated in other elements, shall
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 decisionmaking process.
(C) Identify objectives and policies that prioritize improvements
and programs that address the needs of disadvantaged communities.
(2) A city, county, or city and county subject to this subdivision
shall adopt or review the environmental justice element, or the
environmental justice 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.
(3) By adding this subdivision, the Legislature does not intend to
require a city, county, or city and county to take any action
prohibited by the United States Constitution or the California
Constitution.
(4) For purposes of this subdivision, the following terms shall
apply:
(A) "Disadvantaged communities" means an area identified by the
California Environmental Protection Agency pursuant to Section 39711
of the Health and Safety Code 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.
(B) "Public facilities" includes public improvements, public
services, and community amenities, as defined in subdivision (d) of
Section 66000.
(C) "Low-income area" means an area with household incomes at or
below 80 percent 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 pursuant to Section 50093.
SEC. 2. Section 1.5 of this bill incorporates amendments to
Section 65302 of the Government Code proposed by this bill and
Assembly Bill 2651. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2017, (2)
each bill amends Section 65302 of the Government Code, and (3) this
bill is enacted after Assembly Bill 2651, in which case Section 65302
of the Government Code, as amended by Assembly Bill 2651, shall
remain operative only until the operative date of this bill, at which
time Section 1.5 of this bill shall become operative, and Section 1
of this bill shall not become operative.
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.
