Bill Text: CA SB1070 | 2019-2020 | Regular Session | Amended
Bill Title: Land use: general plans.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-25 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. [SB1070 Detail]
Download: California-2019-SB1070-Amended.html
|
Amended
IN
Senate
March 25, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Senate Bill
No. 1070
| Introduced by Senator Leyva |
February 18, 2020 |
An act to amend Section 65302 Sections 65302 and 65361 of the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 1070, as amended, Leyva.
Land use: general plans.
The
(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 the general plan to include several elements, including, among others, an environmental justice element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities, as defined, if the
city, county, or city and county has a disadvantaged community.
This bill would revise and recast the provisions regarding an environmental justice element by requiring the environmental justice element to include certain provisions, including identification of disadvantaged communities; an assessment of the unique and compounded health risks and investment needs in disadvantaged communities; a statement of goals, quantified objectives, and policies designed to address the unique and compounded health risks and investment needs identified; and a program that sets forth a schedule of required meaningful actions with an implementation deadline and performance metrics with regard to the goals, quantified objectives, and policies identified. The bill would require local governments to ensure meaningful involvement of residents of disadvantaged communities in the preparation, adoption,
and implementation of the environmental justice element, and to facilitate accomplishing this requirement by preparing and adopting a public engagement plan prior to the development of the environmental justice element, and release of any draft or a portion thereof, as provided.
This bill would also require a city, county, or city and county, subject to these requirements, that does not have an adopted environmental justice element as of September 30, 2020, to adopt the environmental justice element, pursuant to these provisions, on or before the due date for the next revision of its housing element or by January 1, 2023, whichever is sooner, and if the local government has adopted an environmental justice element pursuant to these provisions by September 30, 2020, it would be required to review and amend the element on or before the deadline for adoption of the next revision of its housing element and periodically thereafter, as provided.
Because the bill would impose new duties on local governments with respect to the environmental justice element, the bill would create a state-mandated local program.
(2) Existing law requires cities and counties to prepare, adopt, and amend general plans and elements of those general plans in the manner provided. Upon an application by a city or county, the Director of State Planning and Research is required to grant a reasonable extension of time, not to exceed 2 years, for the preparation and adoption of all or part of the general plan, as specified. With exceptions, the director is prohibited from granting an extension of time for the preparation and adoption of a housing element.
This bill would add the preparation of an environmental justice element to the prohibition.
(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.
This bill would make a nonsubstantive change to these provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
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, 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 members 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 6161 of the Water Code that are available from the Department of Water Resources.
(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 purposes of this clause, “natural infrastructure” means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the
long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.
(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) Upon the next revision of the housing element on or after January 1, 2020, the safety element shall be reviewed and updated as necessary to identify residential developments in any hazard area identified in the safety element that do not have at least two emergency evacuation routes.
(6) After the initial revision of the safety element pursuant to paragraphs (2), (3), (4), and (5), 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 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.
(7) 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.
(8) Before the periodic review of its general plan and before 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.
(9) 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 civic 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 that is 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 of the Health and Safety Code.
(h) (1) If a disadvantaged community is located within the area covered by the general plan of a city, county, or city and county, the city, county, or city and county shall adopt an environmental justice element that includes all of the following:
(A) The identification of disadvantaged communities, as defined in subparagraph (A) of paragraph (7), within the area covered by the general plan or general plans of the local government. The identification of disadvantaged communities shall include, for each disadvantaged community, a map depicting the community and a clear description of the community’s boundaries. To the extent that the environmental justice element identifies as disadvantaged communities any areas other than those identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code, the environmental
justice element shall explain the basis for the identification of said areas as disadvantaged communities and clearly describe any criteria or methodology used for the identification.
(B) An assessment of the unique and compounded health risks and investment needs in disadvantaged communities. The assessment shall be based upon available research, data, public input provided during the development of the environmental justice element, and other information available to the local government. The assessment shall include at a minimum all of the following:
(i) An inventory of the types, concentrations, and sources of pollution in disadvantaged communities compared to other neighborhoods in the planning area and state, including, but not limited to, pollutants in the air, water, soil, and built environment.
(ii) A map or
maps depicting the existing land uses and the zoning applicable to disadvantaged communities in the planning area and the land uses permitted within those zones that may contribute to pollution exposures in disadvantaged communities as compared with other neighborhoods in the planning area, region, and state.
(iii) A description of the deficiencies that disadvantaged communities in the planning area experience with respect to access to public facilities, fresh and healthy food, healthy housing, and infrastructure and services.
(iv) A description of the public and private investment needs of disadvantaged communities in the planning area to address the deficiencies with respect to access to public facilities, fresh and healthy food, healthy housing, and infrastructure and services identified in clause (iii).
(v) A
description of the impacts of, and risks associated with, climate change on disadvantaged communities, including, but not limited to, risks to public health in disadvantaged communities.
(vi) A description of impediments to the meaningful involvement of residents of disadvantaged communities within the planning area in public decisionmaking processes. In complying with this clause, the local government shall consider the provisions of the local government’s zoning ordinances, zoning ordinances and general plan, or general plans as they relate to land use siting and entitlement approvals, such as, for example, provisions governing whether and how public notice of proposals to site land uses that may exacerbate pollution burdens in disadvantaged communities is provided to community residents and whether and how residents are provided meaningful opportunities to provide input on those proposals.
(C) A statement of goals, quantified objectives, and policies designed to address the unique and compounded health risks and investment needs identified pursuant to clauses (i), (ii), (iii), and (vi) of subparagraph (B) and to further environmental justice. The goals, quantified objectives, and policies shall prioritize addressing the unique and compounded health risks and investment needs identified in the environmental justice element in disadvantaged communities with the greatest health risks and investment needs.
(D) A program that sets forth a schedule of meaningful actions, each with a deadline for implementation and performance metrics, that the local government shall take during the planning period, to address the unique and compounded health risks and investment needs identified pursuant to subparagraph (B) and achieve the goals, quantified objectives, and policies identified pursuant to subparagraph (C). The meaningful
actions and their associated deadlines and performance metrics shall be selected and designed to, both individually and collectively, materially reduce the unique and compounded health risks and address the investment needs identified pursuant to subparagraph (B) prior to the local government’s deadline for its next amendment of the environmental justice element. At a minimum, the program shall do all of the following:
(i) Avoid the exacerbation of, reduce, and eliminate disproportionate and concentrated pollution in disadvantaged communities, including, but not limited to, through the adoption of alternative zoning and land use designations that prohibit the siting of incompatible land uses near sensitive land uses, phasing out or relocation of existing incompatible land uses near sensitive land uses, regulations and procedures relating to the siting and operation of incompatible land uses to protect sensitive land uses from adverse impacts of
incompatible land uses, neighborhood greening strategies, and infrastructure and service investments.
(ii) Advance access to public facilities, fresh and healthy food, healthy housing, and infrastructure and services in disadvantaged communities within the planning area, prioritizing those disadvantaged communities with the greatest need whenever possible. For purposes of this clause, access includes both physical access resulting from the availability within or near a disadvantaged community and financial access as a result of affordability to residents of a disadvantaged community.
(iii) Advance resiliency to the impacts of, and risks associated with, climate change on public health in disadvantaged communities, prioritizing those disadvantaged communities with the greatest vulnerabilities to the impacts and risks of climate change.
(iv) Address and eliminate impediments to, and promote the meaningful involvement of residents of, disadvantaged communities within the planning area throughout public decisionmaking processes. Meaningful actions to address and eliminate those impediments shall include, but are not limited to, the expansion of requirements for the provision of advance direct public notice to residents of disadvantaged communities of decisions that could impact public health or investment in disadvantaged communities, the provision of translated documents and interpreters at public meetings to facilitate input, and holding public meetings and hearings at times and locations convenient to residents of disadvantaged communities.
(v) Prevent the economic displacement of low-income residents and sensitive land uses within disadvantaged communities as a result of the implementation of the environmental
justice element.
(2) Local governments shall ensure the meaningful involvement of residents of disadvantaged communities in the preparation, adoption, and implementation of the environmental justice element. To facilitate the accomplishment of this requirement, local governments shall prepare and adopt a public engagement plan prior to the development of the environmental justice element and the release of any draft of the environmental justice element or any of its components.
(A) The public engagement plan shall include, at a minimum, all of the following:
(i) An identification of the dates, times, and locations of public meetings that are convenient to residents of disadvantaged communities that will be held to inform the public of the requirements of this subdivision and to receive input on all of the matters set
forth in subparagraphs (A) to (D), inclusive, of paragraph (1). The public engagement plan shall provide for a sufficient number of public meetings to allow the meaningful involvement of residents of the disadvantaged communities within the planning area taking into consideration the size and other unique characteristics of the jurisdiction and shall in no case provide for fewer than three public meetings to be held in disadvantaged communities in the planning area both before and after the release of a draft of the environmental justice element.
(ii) A description of how and when public notices will be provided for public meetings, public hearings, and other opportunities for the public to provide input into the preparation, adoption, and implementation of the environmental justice element. The description shall include methods of providing notice that are specifically designed to achieve the meaningful involvement of residents of
disadvantaged communities and shall provide for the translation of notices into all threshold languages spoken in the planning area, in addition to any other languages commonly spoken in disadvantaged communities in the planning area, as identified by the local government and through public input provided on the public engagement plan.
(iii) A statement of how written and oral translation will be provided for during the preparation of the environmental justice element, which shall include at a minimum the translation of materials provided at public meetings and hearings, the provision of interpreters at public workshops and hearings, and the translation of information posted to an internet web page dedicated to the environmental justice element.
(iv) A description of how the local government will meaningfully engage community-based organizations, schools, and other stakeholders
that work directly with residents of disadvantaged communities in the planning area in order to solicit their input and promote the meaningful involvement of residents of disadvantaged communities in the planning area in the development of the environmental justice element.
(v) A description of local, state, and federal agencies whose activities impact or relate to the topics set forth in subparagraphs (A) to (D), inclusive, of paragraph (1) and how the local government will engage those agencies to seek their input on the development of the environmental justice element in furtherance of the goals of this subdivision.
(vi) The identification of an internet web page dedicated to the environmental justice element where the local government shall post all of the following:
(I) The date, time, and location of public
meetings, hearings, and other events scheduled for the development or implementation of the environmental justice element.
(II) Drafts of the environmental justice element and any of its components and the adopted environmental justice element.
(III) Public comments received by the local government on the environmental justice element.
(IV) Drafts of the public engagement plan and the adopted public engagement plan.
(V) Any other information or materials posted on its environmental justice element internet web page in order to further the meaningful involvement of residents of disadvantaged communities in the development, adoption, and implementation of the environmental justice element.
(B) The local government shall adopt the public engagement plan at a public hearing before the city council or board of supervisors or city council and board of supervisors, where written and oral comment is accepted.
(i) At least 45 days prior to the adoption of the public engagement plan by the legislative body, the local government shall release a draft of the public engagement plan for public comment.
(ii) Upon the release of the draft public engagement plan, the local government shall post the draft public engagement plan to the internet web page dedicated to the environmental justice element and shall provide notice of the release of the draft public engagement plan to, at a minimum, persons and organizations that have requested the notice.
(iii) The local government shall accept public comments on
the draft for a period of at least 30 days.
(iv) The local government shall meaningfully consider and incorporate, whenever feasible and in furtherance of the purposes of this subdivision, the meaningful involvement of residents of disadvantaged communities in the development of the environmental justice element and the comments and recommendations provided by the public before adopting the public engagement plan.
(C) The local government shall post the adopted public engagement plan to its internet web page dedicated to the environmental justice element and shall include the public engagement plan in the environmental justice element prepared pursuant to this subdivision.
(D) The local government shall implement the public engagement plan and shall meaningfully consider public input provided throughout the
development of the environmental justice element. The local government shall incorporate that public input, whenever feasible, into the environmental justice element, including into the content of each of the components of the environmental justice element required by subparagraphs (A) to (D), inclusive, of paragraph (1). The environmental justice element shall include written responses to public input provided during the development of the environmental justice element that explain how that input was incorporated or why that input was not incorporated.
(3) Local governments shall act consistently with, and in a manner that furthers, the goals, quantified objectives, policies, and meaningful actions included in the environmental justice element pursuant to subparagraphs (C) and (D) of paragraph (1). Local governments shall implement the meaningful actions included in the environmental justice element pursuant to subparagraph (D) of paragraph
(1) by the respective deadlines set forth in the environmental justice element for each meaningful action described.
(4) For purposes of compliance with this subdivision, a local government may adopt an environmental justice element as an independent element of its general plan or it may integrate each of the components of the environmental justice element that are required by this subdivision into the other elements of its general plan.
(5) (A) If a city, county, or city and county subject to this subdivision does not have an adopted environmental justice element as of September 30, 2020, it shall adopt the environmental justice element in accordance with the provisions of this subdivision on or before the due date for the next revision of its housing element pursuant to Section 65588 or by January 1, 2023, whichever is sooner. The local government shall
periodically review and amend its environmental justice element on or before the deadline for the local government to adopt each subsequent revision of its housing element thereafter pursuant to Section 65588.
(B) If a city, county, or city and county subject to this subdivision has an adopted environmental justice element pursuant to this subdivision by September 30, 2020, the local government shall review and amend its environmental justice element on or before the deadline for the local government’s adoption of the next revision of its housing element. The local government shall periodically review and amend its environmental justice element on or before the deadline for the local government’s adoption of each subsequent revision of its housing element, thereafter pursuant to Section 65588.
(C) To review and develop amendments to its environmental justice element, the local
government shall comply with all of the requirements set forth in paragraph (2) to develop and implement a public engagement plan and shall ensure that the environmental justice element, as revised, complies with all of the provisions of this subdivision. The local government shall utilize the most current data and information available to the jurisdiction, together with public input received during the development of the environmental justice element amendment, to develop the amendments to all components of the environmental justice element required by this subdivision.
(6) 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.
(7) For purposes of this subdivision, the following terms shall apply:
(A) “Disadvantaged communities” means an area that is a low-income area that is disproportionately affected by environmental pollution or other hazards that can lead to negative health effects, exposure, or environmental degradation. The term “disadvantaged communities” includes, but is not limited to, areas identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code and other areas identified by the local government taking into consideration public input provided during the development of the environmental justice element.
(B) “Environmental justice” has the same definition as the term “environmental justice” in subdivision (e) of Section 65040.12 of the Government Code.
(C) “Environmental justice element” means the environmental justice element of a general plan
or each of the components of an environmental justice element required pursuant to this subdivision, including, but not limited to, the identification of disadvantaged communities, assessment of unique and compounded health risks and investment needs of disadvantaged communities within the planning area, related goals, quantified objectives, and policies, schedule of meaningful actions, and public engagement plan, integrated into the general plan of a local government pursuant to this subdivision.
(D) “Healthy housing” means shelter that supports a state of physical, mental, and social well-being and includes, but is not limited to, the physical structure of a dwelling that enables physical health, including by being structurally sound, by providing shelter from the elements and from excess moisture, and by facilitating comfortable temperatures, adequate sanitation and illumination, sufficient space, safe fuel or connection to electricity, and
protection from pollutants, injury hazards, mold, and pests.
(E) “Incompatible land use” means a land use that has or is likely to result in significant air, water, or soil pollution or to have significant adverse impacts on nearby sensitive land uses or the occupants or users of nearby sensitive land uses. Incompatible land use does not include sensitive land uses.
(F) “Local government” means a city, county, or city and county that is subject to this subdivision.
(G) “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 of the Health and Safety Code.
(H) “Meaningful involvement” shall be interpreted consistently with its usage in subdivision (e) of Section 65040.12.
(I) “Public facilities” include, but are not limited to, public improvements, public services, parks, and community amenities.
(J) “Sensitive land use” means a land use for which intended users of the site are likely to be sensitive to air, water, or soil pollution or to other adverse impacts of nearby development. Sensitive land uses, include, but are not limited to, residential developments, hospitals, health clinics, schools, nursing homes, childcare facilities, parks, playgrounds, community centers, and places of worship.
(K) “Threshold language” means a language for a local government identified by the State Department of Health Care
Services in its most recent determination required pursuant to subdivision (b) of Section 14029.91 of the Welfare and Institutions Code.
(L) “Unique and compounded health risks” means the risk of adverse health events or negative health outcomes compared to other neighborhoods in the planning area and state, including, but not limited to, physical and psychological injuries, mortality, acute illnesses, and chronic diseases.
(8) In any action to enforce any of the provisions of this subdivision, the local government shall bear the burden of proof.
SEC. 2.
Section 65361 of the Government Code is amended to read:65361.
(a) Notwithstanding any(1) Data required for the general plan shall be provided by another agency and it has not yet been provided.
(2) In spite of sufficient budgetary provisions and substantial recruiting efforts, the city or county has not been able to obtain necessary staff or consultant assistance.
(3) A disaster has occurred requiring reassignment of staff for an extended period or requiring a complete reevaluation and revision of the general plan, or both.
(4) Local review procedures require an extended public review process that has resulted in delaying the decision by the legislative body.
(5) The city or county is jointly preparing all or part of the general plan with one or more other jurisdictions pursuant to an existing agreement and timetable for completion.
(6) Other reasons exist that justify the granting
of an extension, so that the timely preparation and adoption of a general plan is promoted.
(b) The director shall not grant an extension of time for the preparation and adoption of a housing element or an environmental justice element
except in the case of a newly incorporated city or newly formed county that cannot meet the deadline set by Section 65360. Before the director grants an extension of time pursuant to this subdivision, he or she the director shall consult with the Director of Housing and Community Development.
(c) The application for an extension shall contain all of the following:
(1) A resolution of the legislative body of the city or county adopted after public hearing setting forth in detail the reasons why the general plan was not previously adopted as required by law or needs to be revised, including one or more of the findings made by the legislative body pursuant to subdivision (a),
and the amount of additional time necessary to complete the preparation and adoption of the general plan.
(2) A detailed budget and schedule for preparation and adoption of the general plan, including plans for citizen participation and expected interim action. The budget and schedule shall be of sufficient detail to allow the director to assess the progress of the applicant at regular intervals during the term of the extension. The schedule shall provide for adoption of a complete and adequate general plan within two years of the date of the application for the extension.
(3) A set of proposed policies and procedures which would ensure, during the extension of time granted pursuant to this section, that the land use proposed in an application for a subdivision, rezoning, use permit, variance, or building permit will be consistent with the general plan proposal being considered or
studied.
(d) The director may impose any conditions on extensions of time granted that the director deems necessary to ensure compliance with the purposes and intent of this title. Those conditions shall apply only to those parts of the general plan for which the extension has been granted. In establishing those conditions, the director may adopt or modify and adopt any of the policies and procedures proposed by the city or county pursuant to paragraph (3) of subdivision (c).
(e) During the extension of time specified in this section, the city or county is not subject to the requirement that a complete and adequate general plan be adopted, or the requirements that it be adopted within a specific period of time. Development approvals shall be consistent with those portions of the general plan for which an extension has been granted, except as provided by the conditions imposed by
the director pursuant to subdivision (d). Development approvals shall be consistent with any element or elements that have been adopted and for which an extension of time is not sought.
(f) If a city or county that is granted a time extension pursuant to this section determines that it cannot complete the elements of the general plan for which the extension has been granted within the prescribed time period, the city or county may request one additional extension of time, which shall not exceed one year, if the director determines that the city or county has made substantial progress toward the completion of the general plan. This subdivision shall not apply to an extension of time granted pursuant to subdivision (b).
(g) An extension of time granted pursuant to this section for the preparation and adoption of all or part of a city or county general plan is exempt from Division 13
(commencing with Section 21000) of the Public Resources Code.
