SB 1000: Land use: general plans: safety and environmental justice.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-09-24
(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.
(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.
(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.
(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, land use, open-space, safety, and conservation elements, which are required to meet specified requirements. 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.
(2)
(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.
(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, land use, open-space, safety, and conservation elements, which are required to meet specified requirements.
This bill would 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 environment environmental justice goals, policies, and objectives in other elements, to be adopted or reviewed upon the adoption or next revision of two 2 or more elements concurrently on or after January 1, 2018. The bill would authorize a city, county, or city and county that has adopted an environmental justice element, or environmental justice goals, policies, and objection in other elements in its general plan or related documents that substantially complies with the above described requirements to use that information to comply with these requirements By adding to the duties of county and city officials, this bill would impose a state-mandated local program.
(2)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.
(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, land use, open-space, safety, and conservation elements, which are required to meet specified requirements.
This bill would add to the required elements of the general plan an environmental justice element 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. county, if the city, county, or city and county has a disadvantaged community. The bill would also require the environmental justice element 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, and to identify objectives and policies to promote civil engagement in the public decisionmaking process. 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 element, or the environment justice goals, policies, and objectives in other elements, to be adopted or reviewed upon the adoption or next revision of the housing element two or more elements on or after January 1, 2018. The bill would authorize a city, county, or city and county that has adopted an environmental justice element, or environmental justice goals, policies, and objection in other elements in its general plan or related documents that substantially complies with the above described requirements to use that information to comply with these requirements By adding to the duties of county and city officials, this bill would impose a state-mandated local program.
(2)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.
(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, land use, open-space, safety, and conservation elements, which are required to meet specified requirements.
This bill would add to the required elements of the general plan an environmental justice element that identifies disadvantaged communities, as defined, within the jurisdiction area covered by the general plan of the city, county, or city and county. The bill would also require the environmental justice element to identify objectives and policies to reduce the health risks in disadvantaged communities, as specified, and to identify objectives and policies to promote civil engagement in the public decisionmaking process. The bill would require the environmental justice element to be adopted or reviewed upon the adoption or next revision of the housing element 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)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.
(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, land use, open-space, safety, and conservation elements, which are required to meet specified requirements.
This bill would add to the required elements of the general plan an environmental justice element that identifies and appraises the burdens of undesirable land uses within disadvantaged communities, as defined, or that disproportionately impact a particular population on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, or disability for specified purposes. defined, within the jurisdiction of the city, county, or city and county. The bill would also require the environmental justice element to identify objectives and policies to reduce the health risks in disadvantaged communities, as specified, and to identify objectives and policies to promote civil engagement in the public decisionmaking process. By adding to the duties of county and city officials, this bill would impose a state-mandated local program.
(2)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.
(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, land use, open-space, safety, and conservation elements, which are required to meet specified requirements.
This bill would add to the required elements of the general plan an environmental justice element that identifies and appraises the burdens of undesirable land uses within disadvantaged communities, as defined, or that disproportionately impact a particular population on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, or disability for specified purposes. By adding to the duties of county and city officials, this bill would impose a state-mandated local program.
(2)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 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 states 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 Researchs 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 countys 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 Researchs 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 countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys 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 Developments 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 states 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 Researchs 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 countys 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 Researchs 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 countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys 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 Developments 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 XIIIB 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.
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 states 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 Researchs 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 countys 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 Researchs 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 countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys 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 Developments 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 states 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 Researchs 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 countys 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 Researchs 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 countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys 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 Developments 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 XIIIB 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.
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 states 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 Researchs 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 countys 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 Researchs 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 countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys 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 otherwise 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 Developments 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 states 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 Researchs 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 countys 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 Researchs 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 countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys 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 otherwise 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 Developments 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 XIIIB 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.
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 states 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 Researchs 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 countys 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 Researchs 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), (3), and (4) (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 countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys 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 otherwise prohibited by the United States Constitution or the California Constitution.
(3)
(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 Developments 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 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 states 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 Researchs 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 countys 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 Researchs 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), (3), and (4) (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 countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys planning area in satisfaction of the requirement imposed by this subdivision. (9)
(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 otherwise 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 Developments 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. 2.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
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 states 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 Researchs 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 countys 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 Researchs 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), (3), and (4) upon each revision of the housing element, the planning agency shall review and, if necessary, revise the safety element to identify new information 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 countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys 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)A city, county, or city and county that has adopted an environmental justice element, or environmental justice goals, policies, and objectives in other elements, in its general plan or related documents, that substantially complies with this subdivision may use that information to comply with this subdivision.
(4)
(3)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 Developments list of state income limits adopted pursuant to Section 50093.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
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 states 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 Researchs 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 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 countys 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 Researchs 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), (3), and (4) upon each revision of the housing element, the planning agency shall review and, if necessary, revise the safety element to identify new information 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 countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys planning area in satisfaction of the requirement imposed by this subdivision.
(h)(1)An environmental justice element element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or as defined in Section 79505.5 of the Water Code, communities within the area covered by the general plan of the city, county, or city and county. county, if the city, county, or city and county has a disadvantaged community. The environmental justice element element, or related environmental justice goals, policies, and objectives integrated in other elements, shall identify 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 amenities, facilities, food access, healthier safe and sanitary homes, and physical activity. The environmental justice element shall also identify
(B)Identify objectives and policies to promote civil engagement in the public decisionmaking process. A
(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 element, or the environmental justice goals, policies, and objectives in other elements, upon the adoption or next revision of the housing element two or more elements on or after January 1, 2018. For
(3)A city, county, or city and county that has adopted an environmental justice element, or environmental justice goals, policies, and objectives in other elements, in its general plan or related documents, that substantially complies with this subdivision may use that information to comply with this subdivision.
(4)For purposes of this subdivision, the following terms shall apply:
(1)Public amenities include, but are not limited to, public facilities, adequate public services, and infrastructure, including, but not limited to, sewers, water supply, transit infrastructure, including, but not limited to, sidewalks and walkways, bike paths, signage, roads, streets, and public lighting.
(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.
(2)
(B)Public facilities include, but are not limited to, community centers, drinking water supply facilities, waste and storm water treatment systems, public transportation facilities, and other publicly owned facilities that provide services to communities. includes public improvements, public services, and community amenities, as defined in subdivision (d) of Section 66000.
(3)Public services include, but are not limited to, the operation and maintenance of public facilities, public transportation, and fire protection.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
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 states 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 Researchs 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 countys 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 Researchs 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), (3), and (4) upon each revision of the housing element, the planning agency shall review and, if necessary, revise the safety element to identify new information 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 countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys planning area in satisfaction of the requirement imposed by this subdivision.
(h)An environmental justice element that identifies disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or as defined in Section 79505.5 of the Water Code, within the jurisdiction area covered by the general plan of the city, county, or city and county. The environmental justice element shall identify objectives and policies to reduce the 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 amenities, food access, healthier homes, and physical activity. The environmental justice element shall also identify objectives and policies to promote civil engagement in the public decisionmaking process. A city, county, or city and county shall include adopt or review the environmental justice element upon the adoption or next revision of the general plan. housing element on or after January 1, 2018. For purposes of this subdivision, the following terms shall apply:
(1)Public amenities include, but are not limited to, public facilities, adequate public services, and infrastructure, including, but not limited to, sewers, water supply, transit infrastructure, including, but not limited to, sidewalks and walkways, bike paths, signage, roads, streets, and public lighting.
(2)Public facilities include, but are not limited to, community centers, drinking water supply facilities, waste and storm water treatment systems, public transportation facilities, and other publicly owned facilities that provide services to communities.
(3)Public services include, but are not limited to, the operation and maintenance of public facilities, public transportation, and fire protection.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
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 states 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 Researchs 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 countys 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 Researchs 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), (3), and (4) upon each revision of the housing element, the planning agency shall review and, if necessary, revise the safety element to identify new information 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 countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys planning area in satisfaction of the requirement imposed by this subdivision.
(h)An environmental justice element that identifies and appraises the burdens of undesirable land uses within disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code, Code or that disproportionately impact a particular population on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, or disability in order to reduce pollution exposure, improve air quality and promote food access, healthier homes, and physical activity. as defined in Section 79505.5 of the Water Code, within the jurisdiction of the city, county, or city and county. The environmental justice element shall identify objectives and policies to reduce the 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 amenities, food access, healthier homes, and physical activity. The environmental justice element shall also identify objectives and policies to promote civil engagement in the public decisionmaking process. A city, county, or city and county shall include the environmental justice element upon the adoption or revision of the general plan. For purposes of this subdivision, the following terms shall apply:
(1)Public amenities include, but are not limited to, public facilities, adequate public services, and infrastructure, including, but not limited to, sewers, water supply, transit infrastructure, including, but not limited to, sidewalks and walkways, bike paths, signage, roads, streets, and public lighting.
(2)Public facilities include, but are not limited to, community centers, drinking water supply facilities, waste and storm water treatment systems, public transportation facilities, and other publicly owned facilities that provide services to communities.
(3)Public services include, but are not limited to, the operation and maintenance of public facilities, public transportation, and fire protection.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
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 states 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 Researchs 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 countys 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 Researchs 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), (3), and (4) upon each revision of the housing element, the planning agency shall review and, if necessary, revise the safety element to identify new information 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 countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys planning area in satisfaction of the requirement imposed by this subdivision.
(h)An environmental justice element that identifies and appraises the burdens of undesirable land uses within disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code, or that disproportionately impact a particular population on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, or disability in order to reduce pollution exposure, improve air quality and promote food access, healthier homes, and physical activity. A city, county, or city and county shall include the environmental justice element upon the adoption or revision of the general plan.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
|
Date
|
Status
|
|---|---|
| Aug 29, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV. |
| Jun 9, 2016 | Referred to Com. on L. GOV. |
| Jun 20, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV. |
| Jun 30, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (June 29). Re-referred to Com. on APPR. |
| Aug 1, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Aug 3, 2016 | August 3 hearing postponed by committee. |
| Aug 10, 2016 | From committee: Do pass. (Ayes 14. Noes 5.) (August 10). |
| Aug 11, 2016 | Read second time. Ordered to third reading. |
| Aug 18, 2016 | Ordered to third reading. |
| Aug 18, 2016 | Read third time and amended. |
| Jun 2, 2016 | In Assembly. Read first time. Held at Desk. |
| Aug 29, 2016 | Re-referred to Com. on L. GOV. pursuant to Assembly Rule 77.2. |
| Aug 30, 2016 | Assembly Rule 96 suspended. |
| Aug 30, 2016 | Ordered to third reading. |
| Aug 31, 2016 | Assembly amendments concurred in. (Ayes 25. Noes 13. Page 5586.) Ordered to engrossing and enrolling. |
| Aug 31, 2016 | Assembly amendments concurred in. (Ayes 25. Noes 13.) Ordered to engrossing and enrolling. |
| Aug 31, 2016 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 31, 2016 | Read third time. Passed. Ordered to the Senate. |
| Aug 31, 2016 | Read third time. Passed. (Ayes 47. Noes 28. Page 6532.) Ordered to the Senate. |
| Sep 9, 2016 | Enrolled and presented to the Governor at 3:30 p.m. |
| Apr 21, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 20). Re-referred to Com. on APPR. |
| Feb 11, 2016 | From printer. May be acted upon on or after March 12. |
| Feb 18, 2016 | Referred to Coms. on GOV. & F. and E.Q. |
| Mar 29, 2016 | Set for hearing April 6. |
| Mar 30, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F. |
| Apr 11, 2016 | From committee: Do pass as amended and re-refer to Com. on E.Q. (Ayes 5. Noes 1. Page 3420.) (April 6). |
| Apr 11, 2016 | From committee: Do pass as amended and re-refer to Com. on E.Q. (Ayes 5. Noes 1.) (April 6). |
| Apr 12, 2016 | Read second time and amended. Re-referred to Com. on E.Q. |
| Apr 14, 2016 | Set for hearing April 20. |
| Apr 21, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 3642.) (April 20). Re-referred to Com. on APPR. |
| Feb 10, 2016 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Apr 29, 2016 | Set for hearing May 9. |
| May 9, 2016 | May 9 hearing: Placed on APPR. suspense file. |
| May 20, 2016 | Set for hearing May 27. |
| May 27, 2016 | From committee: Do pass. (Ayes 5. Noes 2. Page 4001.) (May 27). |
| May 27, 2016 | From committee: Do pass. (Ayes 5. Noes 2.) (May 27). |
| May 27, 2016 | Read second time. Ordered to third reading. |
| Jun 1, 2016 | Read third time. Passed. (Ayes 24. Noes 15. Page 4100.) Ordered to the Assembly. |
| Jun 1, 2016 | Read third time. Passed. (Ayes 24. Noes 15.) Ordered to the Assembly. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 1, 2016 | Unfinished Business (Supplemental File 3) SB1000 Leyva Concurrence | Senate Floor |
Passed |
|
| Aug 31, 2016 | Unfinished Business (Supplemental File 3) SB1000 Leyva Concurrence | Senate Floor |
Passed |
|
| Aug 31, 2016 | SB 1000 Leyva Senate Third Reading By MEDINA | Assembly Floor |
Passed |
|
| Aug 10, 2016 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 29, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Local Government |
Passed |
|
| Jun 1, 2016 | Senate 3rd Reading SB1000 Leyva | Senate Floor |
Passed |
|
| May 27, 2016 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| May 9, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 20, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Environmental Quality |
Passed |
|
| Apr 6, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Environmental Quality] | Senate Standing Committee on Governance and Finance |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Advancement Project | ** Support | Aug 31, 2016 |
| Alameda County Board of Supervisors | ** Support | Aug 31, 2016 |
| Alliance Of Automobile Manufacturers | * Support | Jun 25, 2018 |
| American Lung Association - California | ** Support | Aug 31, 2016 |
| American Planning Association | ** Support | Aug 31, 2016 |
| Asian Pacific Environmental Network | ** Support | Jun 29, 2016 |
| Association of California Cities | * Against | Jun 29, 2016 |
| Audubon Society | ** Support | Aug 31, 2016 |
| Autobahn California | * Support | Aug 10, 2016 |
| Breast Cancer Fund, The | ** Support | Aug 31, 2016 |
| California Alliance For Retired Americans | ** Support | Aug 31, 2016 |
| California Apartment Association | ** Against | Jun 29, 2016 |
| California Association Of Realtors | * Against | Jun 29, 2016 |
| California Bicycle Coalition | ** Support | Aug 31, 2016 |
| California Black Health Network | ** Support | Jun 29, 2016 |
| California Building Industry Association | * Against | Aug 10, 2016 |
| California Business Properties Association | ** Against | Jun 29, 2016 |
| California Chamber Of Commerce | ** Against | Aug 31, 2016 |
| California Coastal Protection Network | ** Support | Aug 31, 2016 |
| California Director of Clean Water Action | * Support | Aug 10, 2016 |
| California Environmental Justice Alliance | ** Support | Aug 31, 2016 |
| California League Of Conservation Voters | ** Support | Aug 31, 2016 |
| California Pan-Ethnic Health Network | ** Support | Jun 29, 2016 |
| California State Association Of Counties | ** Support | Aug 31, 2016 |
| Catholic Charities Diocese of Stockton | ** Support | Aug 31, 2016 |
| CCoMPRESS | ** Support | Aug 31, 2016 |
| Center for Community Action and Environmental Justice | ** Support | Aug 31, 2016 |
| Center on Race, Poverty, and the Environment | ** Support | Aug 31, 2016 |
| Central Coast Alliance United for a Sustainable Economy | ** Support | Aug 31, 2016 |
| Chino Valley Democratic Club | ** Support | Aug 31, 2016 |
| City of San Diego Council Member David Alvarez | ** Support | Aug 31, 2016 |
| Coalition for a Safe Environment | ** Support | Aug 31, 2016 |
| Coalition For Clean Air | ** Support | Aug 31, 2016 |
| Comite Civico Del Valle | ** Support | Aug 31, 2016 |
| Comitxe9 Civico Del Valle | ** Support | Jun 1, 2016 |
| Communities for a Better Environment | ** Support | Aug 31, 2016 |
| Communities for a New California | ** Support | Aug 31, 2016 |
| Community Action to Fight Asthma | ** Support | Aug 31, 2016 |
| Community Water Center | * Support | Aug 10, 2016 |
| Councilmember David Alvarez, City of San Diego | ** Support | Aug 31, 2016 |
| County Representatives of California | * Support | Jun 29, 2016 |
| East Yard Communities for Environmental Justice | ** Support | Aug 31, 2016 |
| Environmental Health Coalition | ** Support | Aug 31, 2016 |
| Environmental Justice Coalition for Water | ** Support | Jun 1, 2016 |
| Environmental Working Group | ** Support | Aug 31, 2016 |
| Fresno Barrios Unidos | ** Support | Aug 31, 2016 |
| Friends Committee On Legislation Of California | ** Support | Aug 31, 2016 |
| Inland Congregations United for a Change | ** Support | Jun 29, 2016 |
| Inland Congregations United for Change | ** Support | Aug 31, 2016 |
| Justice in Accountability | * Support | Jun 29, 2016 |
| Leadership Counsel for Justice and Accountability | ** Support | Jun 29, 2016 |
| League Of California Cities | * Against | Aug 10, 2016 |
| Lung Association | ** Support | Aug 31, 2016 |
| National Association of Social Workers | ** Support | Aug 31, 2016 |
| National Association Of Social Workers, California Chapter | ** Support | Jun 29, 2016 |
| Natural Resources Defense Council | ** Support | Aug 31, 2016 |
| Pacoima Beautiful | ** Support | Jun 29, 2016 |
| People Organizing to Demand Environmental and Economic Rights | ** Support | Jun 1, 2016 |
| Physicians for Social Responsibility - Los Angeles | ** Support | Aug 31, 2016 |
| Planning And Conservation League | * Support | Jun 29, 2016 |
| PODER! | ** Support | Jun 29, 2016 |
| Policy Link | ** Support | Aug 31, 2016 |
| Regional Asthma Management and Prevention | ** Support | Aug 31, 2016 |
| Roseville, City Of | ** Against | Aug 31, 2016 |
| Safe Routes to School National Partnership | ** Support | Aug 31, 2016 |
| San Marcos, City Of | * Against | Aug 10, 2016 |
| SCOPE | ** Support | Aug 31, 2016 |
| Sierra Club | * Support | Jun 25, 2018 |
| Sinon Race Poverty and the Environment | * Support | Jun 29, 2016 |
| SoCal CAN | ** Support | Aug 31, 2016 |
| Southern California College Access Network | ** Support | Jun 29, 2016 |
| Strategic Concepts in Organizing and Policy Education | ** Support | Jun 29, 2016 |
| The Greenlining Institute | ** Support | Jun 1, 2016 |
| Thousand Oaks, City Of | ** Against | Aug 31, 2016 |
| Trust For Public Land, The | ** Support | Aug 31, 2016 |
| u ARGUMENTS IN | ** Against | Jun 1, 2016 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 1000
:
SENATE GOVERNANCE & FIN. COMMITTEE: 5-1, 4/6/16
AYES: Hertzberg, Beall, Hernandez, Lara, Pavley
NOES: Moorlach
NO VOTE RECORDED: Nguyen
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-2, 4/20/16
AYES: Wieckowski, Hill, Jackson, Leno, Pavley
NOES: Gaines, Bates
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/27/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NOES: Bates, Nielsen
SENATE FLOOR: 24-15, 6/1/16
AYES: Allen, Beall, Block, De León, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Pan, Pavley, Roth, Wieckowski, Wolk
NOES: Anderson, Bates, Berryhill, Cannella, Fuller, Gaines, Galgiani, Glazer, Huff, Moorlach, Morrell, Nguyen, Nielsen, Stone, Vidak
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR: 44-26, 8/31/16 (ROLL CALL NOT AVAILABLE)
SOURCE: Center for Community Action and Environmental Justice
DIGEST: This bill requires cities and counties to address environmental justice in their general plans.
Assembly Amendments allow cities and counties to either adopt a separate environmental justice element or to integrate environmental justice goals, policies, and objectives into their general plans.
Existing law:
- Requires, pursuant to the Planning and Zoning Law:
- Every county and city to adopt a general plan with seven mandatory elements: land use, circulation, housing, conservation, open space, noise, and safety.
- The general plan to be “internally consistent,” which means the various elements cannot have conflicting information or assumptions.
- Cities and counties’ major land use decisions—subdivisions, zoning, public works projects, use permits—to be consistent with their general plans.
- The housing element to be updated no less than every eight years, pursuant to a statutory schedule.
- Allows cities and counties to adopt optional elements that address issues of their choosing.
- Specifies that optional elements have the same legal force as the mandatory elements.
- Requires the Governor’s Office of Planning and Research (OPR) to publish and periodically revise General Plan Guidelines that:
- Recommend the information that local planners should collect;
- Suggest goals, policies, and objectives that local general plans could adopt; and
- List a wide range of feasible implementation measures to carry out those local goals.
- Designates OPR as the lead state agency on environmental justice (EJ) matters (SB 115, Solis, Chapter 690, Statutes of 1999).
- Requires OPR to adopt recommendations in its General Plan Guidelines that local governments may use to address EJ issues (AB 1553, Keeley, 2001).
This bill:
- Requires a city or county to include in the general plan an EJ element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities within the area covered by the general plan of that city or county, if the city or county has a disadvantaged community.
- Requires the EJ element, or related EJ goals, policies, and objectives integrated in other elements, to do all of the following:
- 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;
- Identify objectives and policies to promote civil engagement in the public decision-making process; and,
- Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities.
- Requires a city or county to adopt or review the EJ element, or the EJ goals, policies, and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018.
- Defines the following terms:
- "Disadvantaged communities" to mean an area identified by the California Environmental Protection Agency, as specified, or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.
- "Public facilities" to include public improvements, public services, and community amenities, as defined.
- "Low-income area" to mean an area with household incomes at or below 80% of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development's list of state income limits adopted, as specified.
- Specifies that the Legislature does not intend, pursuant to the bill's requirements, to require a city, county, or city and county to take any action prohibited by the United States Constitution or the California Constitution.
- Contains chaptering out language to avoid conflicts with AB 2651 (Gomez).
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee:
- One-time costs of up to $60,000 to OPR to produce written guidance related to the mandatory EJ element to supplement the adopted General Plan Guidelines. (General Fund). Since OPR is expected to release a comprehensive update to its General Plan Guidelines this year, this bill is likely to require OPR to provide supplemental guidance to local agencies to account for new EJ mandatory planning requirements.
- Unknown, significant local costs to develop and adopt a new EJ general plan element, or related goals, policies, and objectives that are integrated into other elements, and revise other elements to ensure consistency. These local costs are not state-reimbursable because local agencies have the authority to impose fees to cover their costs.
Center for Community Action and Environmental Justice (source)
Advancement Project
Alameda County Board of Supervisors
American Lung Association – California
American Planning Association
Audubon Society
Breast Cancer Fund
California Alliance for Retired Americans
California Bicycle Coalition
California Coastal Protection Network
California Environmental Justice Alliance
California League of Conservation Voters
California Pan Ethnic Health Network
California State Association of Counties
Catholic Charities Diocese of Stockton
Center on Race, Poverty, and the Environment
CCoMPRESS
Central Coast Alliance United for a Sustainable Economy
Chino Valley Democratic Club
City of San Diego Council Member David Alvarez
Coalition for a Safe Environment
Coalition for Clean Air
Comite Civico del Valle
Communities for a Better Environment
Communities for a New California
Community Action to Fight Asthma
Councilmember David Alvarez, City of San Diego
East Yard Communities for Environmental Justice
Environmental Health Coalition
Environmental Working Group
Fresno Barrios Unidos
Friends Committee on Legislation of California
Greenlining Institute
Inland Congregations United for Change
Lung Association
National Association of Social Workers
Natural Resources Defense Council
Physicians for Social Responsibility - Los Angeles
Policy Link
Regional Asthma Management and Prevention
Safe Routes to School National Partnership
SCOPE
Sierra Club California
SoCal CAN
Trust for Public Land
Women's Foundation of California
OPPOSITION: (Verified 8/31/16)
California Chamber of Commerce
City of Camarillo
City of Roseville
City of San Jacinto
City of Thousand Oaks
8/31/16 18:46:56
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1000 |
UNFINISHED BUSINESS
Bill No: SB 1000
Amended: 8/29/16
SENATE GOVERNANCE & FIN. COMMITTEE: 5-1, 4/6/16
AYES: Hertzberg, Beall, Hernandez, Lara, Pavley
NOES: Moorlach
NO VOTE RECORDED: Nguyen
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-2, 4/20/16
AYES: Wieckowski, Hill, Jackson, Leno, Pavley
NOES: Gaines, Bates
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/27/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NOES: Bates, Nielsen
SENATE FLOOR: 24-15, 6/1/16
AYES: Allen, Beall, Block, De León, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Pan, Pavley, Roth, Wieckowski, Wolk
NOES: Anderson, Bates, Berryhill, Cannella, Fuller, Gaines, Galgiani, Glazer, Huff, Moorlach, Morrell, Nguyen, Nielsen, Stone, Vidak
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR: 44-26, 8/31/16 (ROLL CALL NOT AVAILABLE)
SUBJECT: Land use: general plans: safety and environmental justice
SOURCE: Center for Community Action and Environmental Justice
DIGEST: This bill requires cities and counties to address environmental justice in their general plans.
Assembly Amendments allow cities and counties to either adopt a separate environmental justice element or to integrate environmental justice goals, policies, and objectives into their general plans.
Existing law:
- Requires, pursuant to the Planning and Zoning Law:
- Every county and city to adopt a general plan with seven mandatory elements: land use, circulation, housing, conservation, open space, noise, and safety.
- The general plan to be “internally consistent,” which means the various elements cannot have conflicting information or assumptions.
- Cities and counties’ major land use decisions—subdivisions, zoning, public works projects, use permits—to be consistent with their general plans.
- The housing element to be updated no less than every eight years, pursuant to a statutory schedule.
- Allows cities and counties to adopt optional elements that address issues of their choosing.
- Specifies that optional elements have the same legal force as the mandatory elements.
- Requires the Governor’s Office of Planning and Research (OPR) to publish and periodically revise General Plan Guidelines that:
- Recommend the information that local planners should collect;
- Suggest goals, policies, and objectives that local general plans could adopt; and
- List a wide range of feasible implementation measures to carry out those local goals.
- Designates OPR as the lead state agency on environmental justice (EJ) matters (SB 115, Solis, Chapter 690, Statutes of 1999).
- Requires OPR to adopt recommendations in its General Plan Guidelines that local governments may use to address EJ issues (AB 1553, Keeley, 2001).
This bill:
- Requires a city or county to include in the general plan an EJ element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities within the area covered by the general plan of that city or county, if the city or county has a disadvantaged community.
- Requires the EJ element, or related EJ goals, policies, and objectives integrated in other elements, to do all of the following:
- 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;
- Identify objectives and policies to promote civil engagement in the public decision-making process; and,
- Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities.
- Requires a city or county to adopt or review the EJ element, or the EJ goals, policies, and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018.
- Defines the following terms:
- "Disadvantaged communities" to mean an area identified by the California Environmental Protection Agency, as specified, or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.
- "Public facilities" to include public improvements, public services, and community amenities, as defined.
- "Low-income area" to mean an area with household incomes at or below 80% of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development's list of state income limits adopted, as specified.
- Specifies that the Legislature does not intend, pursuant to the bill's requirements, to require a city, county, or city and county to take any action prohibited by the United States Constitution or the California Constitution.
- Contains chaptering out language to avoid conflicts with AB 2651 (Gomez).
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Assembly Appropriations Committee:
- One-time costs of up to $60,000 to OPR to produce written guidance related to the mandatory EJ element to supplement the adopted General Plan Guidelines. (General Fund). Since OPR is expected to release a comprehensive update to its General Plan Guidelines this year, this bill is likely to require OPR to provide supplemental guidance to local agencies to account for new EJ mandatory planning requirements.
- Unknown, significant local costs to develop and adopt a new EJ general plan element, or related goals, policies, and objectives that are integrated into other elements, and revise other elements to ensure consistency. These local costs are not state-reimbursable because local agencies have the authority to impose fees to cover their costs.
Center for Community Action and Environmental Justice (source)
Advancement Project
Alameda County Board of Supervisors
American Lung Association – California
American Planning Association
Audubon Society
Breast Cancer Fund
California Alliance for Retired Americans
California Bicycle Coalition
California Coastal Protection Network
California Environmental Justice Alliance
California League of Conservation Voters
California Pan Ethnic Health Network
California State Association of Counties
Catholic Charities Diocese of Stockton
Center on Race, Poverty, and the Environment
CCoMPRESS
Central Coast Alliance United for a Sustainable Economy
Chino Valley Democratic Club
City of San Diego Council Member David Alvarez
Coalition for a Safe Environment
Coalition for Clean Air
Comite Civico del Valle
Communities for a Better Environment
Communities for a New California
Community Action to Fight Asthma
Councilmember David Alvarez, City of San Diego
East Yard Communities for Environmental Justice
Environmental Health Coalition
Environmental Working Group
Fresno Barrios Unidos
Friends Committee on Legislation of California
Greenlining Institute
Inland Congregations United for Change
Lung Association
National Association of Social Workers
Natural Resources Defense Council
Physicians for Social Responsibility - Los Angeles
Policy Link
Regional Asthma Management and Prevention
Safe Routes to School National Partnership
SCOPE
Sierra Club California
SoCal CAN
Trust for Public Land
Women's Foundation of California
OPPOSITION: (Verified 8/31/16)
California Chamber of Commerce
City of Camarillo
City of Roseville
City of San Jacinto
City of Thousand Oaks
Prepared by: Anton Favorini-Csorba / GOV. & F. / (916) 651-4119
8/31/16 20:33:13
**** END ****
SENATE THIRD READING
STR Bill Id:SB 1000
Author:(Leyva)
As Amended Ver:August 29, 2016
Majority vote
SENATE VOTE: 24-15
Committee | Votes | Ayes | Noes |
Local Government | 6-3 | Eggman, Alejo, Bonilla, Chiu, Cooley, Gordon | Waldron, Beth Gaines, Linder |
Appropriations | 14-5 | Gonzalez, Bloom, Bonilla, Bonta, Calderon, Daly, Eggman, Eduardo Garcia, Holden, Quirk, Santiago, Weber, Wood, Chu | Bigelow, Gallagher, Jones, Obernolte, Wagner |
SUMMARY: Requires cities and counties to address environmental justice in their general plans. Specifically, this bill:
- Requires a city or county to include in the general plan an environmental justice (EJ) element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities within the area covered by the general plan of that city or county, if the city or county has a disadvantaged community.
- Requires the EJ element, or related EJ goals, policies, and objectives integrated in other elements, to do all of the following:
- 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;
- Identify objectives and policies to promote civil engagement in the public decision-making process; and,
- Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities.
- Requires a city or county to adopt or review the EJ element, or the EJ goals, policies, and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018.
- Defines the following terms:
- "Disadvantaged communities" to mean an area identified by the California Environmental Protection Agency, as specified, or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.
- "Public facilities" to include public improvements, public services, and community amenities, as defined.
- "Low-income area" to mean an area with household incomes at or below 80% of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development's list of state income limits adopted, as specified.
- Specifies that the Legislature does not intend, pursuant to the bill's requirements, to require a city, county, or city and county to take any action prohibited by the United States Constitution or the California Constitution.
- Contains chaptering out language to avoid conflicts with AB 2651 (Gomez) of the current legislative session.
- Specifies that no reimbursement is required because a local agency has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, as specified.
EXISTING LAW requires every city and county to adopt a general plan with seven mandatory elements: land use, circulation, housing, conservation, open space, noise and safety.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- One-time costs of up to $60,000 to the Governor's Office of Planning and Research (OPR) to produce written guidance related to the mandatory environmental justice element to supplement the adopted General Plan Guidelines. (General Fund (GF)). Since OPR is expected to release a comprehensive update to its General Plan Guidelines this year, this bill is likely to require OPR to provide supplemental guidance to local agencies to account for new environmental justice mandatory planning requirements.
- Unknown, significant local costs to develop and adopt a new environmental justice general plan element, or related goals, policies, and objectives that are integrated into other elements, and revise other elements to ensure consistency. These local costs are not state-reimbursable because local agencies have the authority to impose fees to cover their costs.
COMMENTS:
- Bill Summary. This bill requires cities and counties to address environmental justice in their general plans, either by including an EJ element, or by including related EJ goals, policies, and objectives that are integrated in other elements, if that city or county has a disadvantaged community, which the bill defines. A city or county would need to review or adopt the EJ element or the EJ goals, policies and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018.
This bill is sponsored by the California Environmental Justice Alliance and the Center for Community Action and Environmental Justice
- Author's Statement. According to the author, "SB 1000 would ensure that communities in California take into account the environmental and pollution impacts on local residents living in areas that may be disproportionately exposed to toxins or other contaminants that can hurt them or their families. Residents in poorer communities oftentimes suffer from higher rates of asthma, cancer, and birth defects, so we must do all we can to eliminate environmental factors that may be contributing to those serious health problems."
"Many forward thinking local governments have already begun to address environmental justice issues in their communities and SB 1000 will further these efforts across the state. Environmental justice is not just a catch phrase – it is a very real and vital part of helping to plan and develop healthy communities throughout California."
The sponsors note that "There are two cities in California that have adopted an EJ Element in their General Plan – National City in San Diego County and Jurupa Valley in Riverside County. Since adopting an EJ element in their General Plan, the Inland Empire Chapter of the American Planning Association recognized Jurupa Valley with a "Best Practices Award." Jurupa Valley also received state recognition when it received the "Advancing Diversity and Social Change in Honor of Paul Davidoff" Award, and is now being considered for a national award."
- Arguments in Support. Supporters note that this bill would help cities and counties address issues, such as pollution exposure, while promoting better food access, physical activity, improved air quality and healthier communities.
- Arguments in Opposition. None.
Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958 FN: 0004979
SENATE THIRD READING
STR Bill Id:SB 1000
Author:(Leyva)
As Amended Ver:August 18, 2016
Majority vote
SENATE VOTE: 24-15
Committee | Votes | Ayes | Noes |
Local Government | 6-3 | Eggman, Alejo, Bonilla, Chiu, Cooley, Gordon | Waldron, Beth Gaines, Linder |
Appropriations | 14-5 | Gonzalez, Bloom, Bonilla, Bonta, Calderon, Daly, Eggman, Eduardo Garcia, Holden, Quirk, Santiago, Weber, Wood, Chu | Bigelow, Gallagher, Jones, Obernolte, Wagner |
SUMMARY: Requires cities and counties to address environmental justice in their general plans. Specifically, this bill:
- Requires a city or county to include in the general plan an environmental justice (EJ) element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities within the area covered by the general plan of that city or county, if the city or county has a disadvantaged community.
- Requires the EJ element, or related EJ goals, policies, and objectives integrated in other elements, to do all of the following:
- 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;
- Identify objectives and policies to promote civil engagement in the public decision-making process; and,
- Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities.
- Requires a city or county to adopt or review the EJ element, or the EJ goals, policies, and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018.
- Defines the following terms:
- "Disadvantaged communities" to mean an area identified by the California Environmental Protection Agency, as specified, or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.
- "Public facilities" to include public improvements, public services, and community amenities, as defined.
- "Low-income area" to mean an area with household incomes at or below 80% of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development's list of state income limits adopted, as specified.
- Specifies that the Legislature does not intend, pursuant to the bill's requirements, to require a city, county, or city and county to take any action otherwise prohibited by the United States Constitution or the California Constitution.
- Contains chaptering out language to avoid conflicts with AB 2651 (Gomez) of the current legislative session.
- Specifies that no reimbursement is required because a local agency has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, as specified.
EXISTING LAW requires every city and county to adopt a general plan with seven mandatory elements: land use, circulation, housing, conservation, open space, noise and safety.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- One-time costs of up to $60,000 to the Governor's Office of Planning and Research (OPR) to produce written guidance related to the mandatory environmental justice element to supplement the adopted General Plan Guidelines. (General Fund (GF)). Since OPR is expected to release a comprehensive update to its General Plan Guidelines this year, this bill is likely to require OPR to provide supplemental guidance to local agencies to account for new environmental justice mandatory planning requirements.
- Unknown, significant local costs to develop and adopt a new environmental justice general plan element, or related goals, policies, and objectives that are integrated into other elements, and revise other elements to ensure consistency. These local costs are not state-reimbursable because local agencies have the authority to impose fees to cover their costs.
COMMENTS:
- Bill Summary. This bill requires cities and counties to address environmental justice in their general plans, either by including an EJ element, or by including related EJ goals, policies, and objectives that are integrated in other elements, if that city or county has a disadvantaged community, which the bill defines. A city or county would need to review or adopt the EJ element or the EJ goals, policies and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018.
This bill is sponsored by the California Environmental Justice Alliance and the Center for Community Action and Environmental Justice
- Author's Statement. According to the author, "SB 1000 would ensure that communities in California take into account the environmental and pollution impacts on local residents living in areas that may be disproportionately exposed to toxins or other contaminants that can hurt them or their families. Residents in poorer communities oftentimes suffer from higher rates of asthma, cancer, and birth defects, so we must do all we can to eliminate environmental factors that may be contributing to those serious health problems."
"Many forward thinking local governments have already begun to address environmental justice issues in their communities and SB 1000 will further these efforts across the state. Environmental justice is not just a catch phrase – it is a very real and vital part of helping to plan and develop healthy communities throughout California."
The sponsors note that "There are two cities in California that have adopted an EJ Element in their General Plan – National City in San Diego County and Jurupa Valley in Riverside County. Since adopting an EJ element in their General Plan, the Inland Empire Chapter of the American Planning Association recognized Jurupa Valley with a "Best Practices Award." Jurupa Valley also received state recognition when it received the "Advancing Diversity and Social Change in Honor of Paul Davidoff" Award, and is now being considered for a national award."
- Arguments in Support. Supporters note that this bill would help cities and counties address issues, such as pollution exposure, while promoting better food access, physical activity, improved air quality and healthier communities.
- Arguments in Opposition. None.
Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958 FN: 0004465
SENATE THIRD READING
STR Bill Id:SB 1000
Author:(Leyva)
As Amended Ver:August 1, 2016
Majority vote
SENATE VOTE: 24-15
Committee | Votes | Ayes | Noes |
Local Government | 6-3 | Eggman, Alejo, Bonilla, Chiu, Cooley, Gordon | Waldron, Beth Gaines, Linder |
Appropriations | 14-5 | Gonzalez, Bloom, Bonilla, Bonta, Calderon, Daly, Eggman, Eduardo Garcia, Holden, Quirk, Santiago, Weber, Wood, Chu | Bigelow, Gallagher, Jones, Obernolte, Wagner |
SUMMARY: Requires cities and counties to address environmental justice in their general plans. Specifically, this bill:
- Requires a city or county to include in the general plan an environmental justice element (EJ element), or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities within the area covered by the general plan of that city or county, if the city or county has a disadvantaged community.
- Requires the EJ element, or related EJ goals, policies, and objectives integrated in other elements, to do all of the following:
- 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;
- Identify objectives and policies to promote civil engagement in the public decision-making process; and,
- Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities.
- Requires a city or county to adopt or review the EJ element, or the EJ goals, policies, and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018.
- Defines the following terms:
- "Disadvantaged communities" to mean an area identified by the California Environmental Protection Agency, as specified, or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.
- "Public facilities" to include public improvements, public services, and community amenities, as defined.
- "Low-income area" to mean an area with household incomes at or below 80% of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development's list of state income limits adopted, as specified.
- Specifies that no reimbursement is required because a local agency has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, as specified.
EXISTING LAW requires every city and county to adopt a general plan with seven mandatory elements: land use, circulation, housing, conservation, open space, noise and safety.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- One-time costs of up to $60,000 to the Governor's Office of Planning and Research (OPR) to produce written guidance related to the mandatory environmental justice element to supplement the adopted General Plan Guidelines. (GF). Since OPR is expected to release a comprehensive update to its General Plan Guidelines this year, this bill is likely to require OPR to provide supplemental guidance to local agencies to account for new environmental justice mandatory planning requirements.
- Unknown, significant local costs to develop and adopt a new environmental justice general plan element, or related goals, policies, and objectives that are integrated into other elements, and revise other elements to ensure consistency. These local costs are not state-reimbursable because local agencies have the authority to impose fees to cover their costs.
COMMENTS:
- Bill Summary. This bill requires cities and counties to address environmental justice in their general plans, either by including an EJ element, or by including related EJ goals, policies, and objectives that are integrated in other elements, if that city or county has a disadvantaged community, which the bill defines. A city or county would need to review or adopt the EJ element or the EJ goals, policies and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018.
This bill is sponsored by the California Environmental Justice Alliance and the Center for Community Action and Environmental Justice
- Author's Statement. According to the author, "SB 1000 would ensure that communities in California take into account the environmental and pollution impacts on local residents living in areas that may be disproportionately exposed to toxins or other contaminants that can hurt them or their families. Residents in poorer communities oftentimes suffer from higher rates of asthma, cancer, and birth defects, so we must do all we can to eliminate environmental factors that may be contributing to those serious health problems."
"Many forward thinking local governments have already begun to address environmental justice issues in their communities and SB 1000 will further these efforts across the state. Environmental justice is not just a catch phrase – it is a very real and vital part of helping to plan and develop healthy communities throughout California."
The sponsors note that "There are two cities in California that have adopted an EJ Element in their General Plan – National City in San Diego County and Jurupa Valley in Riverside County. Since adopting an EJ element in their General Plan, the Inland Empire Chapter of the American Planning Association recognized Jurupa Valley with a "Best Practices Award." Jurupa Valley also received state recognition when it received the "Advancing Diversity and Social Change in Honor of Paul Davidoff" Award, and is now being considered for a national award."
- Arguments in Support. Supporters note that this bill would help cities and counties address issues, such as pollution exposure, while promoting better food access, physical activity, improved air quality and healthier communities.
- Arguments in Opposition. Opponents note that "all new development must be consistent with the general plan. Yet the federal and state constitutions prohibit requiring new projects to pay for deficiencies that pre-date the proposed new project in the community. New projects cannot comply with both the proposed new general plan element and the federal and state constitutions, though that is what the bill will require."
Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958 FN: 0003934
Date of Hearing: August 10, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SBPCA Bill Id:SB 1000
Author:(Leyva) – As Amended Ver:August 1, 2016
Policy Committee: | Local Government | Vote: | 6 - 3 |
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY: This bill requires cities and counties to address environmental justice in their general plans. Specifically, this bill:
- Requires a city or county to include in the general plan an environmental justice (EJ) element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities within the area covered by the general plan of that city or county, if the city or county has a disadvantaged community.
- Requires the EJ element, or related EJ goals, policies, and objectives integrated in other elements, to do all of the following:
- 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;
- 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.
- Requires a city or county to adopt or review the EJ element, or the EJ goals, policies, and objectives in other elements, upon the adoption or next revision of two or more elements on or after January 1, 2018.
FISCAL EFFECT:
- One-time costs of up to $60,000 to the Governor’s Office of Planning and Research (OPR) to produce written guidance related to the mandatory environmental justice element to supplement the adopted General Plan Guidelines. (GF). Since OPR is expected to release a comprehensive update to its General Plan Guidelines this year, SB 1000 is likely to require OPR to provide supplemental guidance to local agencies to account for new environmental justice mandatory planning requirements.
- Unknown, significant local costs to develop and adopt a new environmental justice general plan element, or related goals, policies, and objectives that are integrated into other elements, and revise other elements to ensure consistency. These local costs are not state-reimbursable because local agencies have the authority to impose fees to cover their costs.
COMMENTS:
- Purpose. According to the author, “SB 1000 would ensure that communities in California take into account the environmental and pollution impacts on local residents living in areas that may be disproportionately exposed to toxins or other contaminants that can hurt them or their families. Residents in poorer communities oftentimes suffer from higher rates of asthma, cancer, and birth defects, so we must do all we can to eliminate environmental factors that may be contributing to those serious health problems.”
- Background. Existing law requires cities and counties to adopt a general plan with seven mandatory elements: land use, circulation, housing, conservation, open space, noise, and safety. Although state law specifies the minimum requirements of a plan, local officials may adopt optional elements that address additional topics based on regional necessity. Once adopted, those optional elements have the same legal force as the mandatory elements. The general plan must be “internally consistent,” which means the various elements cannot have conflicting information or assumptions. With the exception of the housing element, which must be updated every five to eight years, cities and counties are not required to regularly update the general plan.
Existing law requires OPR to periodically revise guidelines for the preparation and content of local general plans. AB 1553 (Keeley), Chapter 762, Statutes of 2001, specifically required OPR to adopt recommendations in its guidelines by 2003 that local governments can use to address environmental justice issues in their general plans. OPR is currently in the final stages of the first comprehensive update to the General Plan Guidelines since 2003. The proposed guidelines include stand-alone chapters on environmental justice and community engagement, and also include provisions providing guidance on social equity.
According to OPR’s most recent Annual Planning Survey from 2014, 101 cities and counties reported that their general plans provide consideration for equity issues, and two cities have adopted optional general plan elements specifically addressing environmental justice.
- Arguments in Support. Supporters, primarily environmental protection and health related organizations, note that this bill would help cities and counties address issues, such as pollution exposure, while promoting better food access, physical activity, improved air quality and healthier communities.
- Arguments in Opposition. Opponents, primarily cities, builders, and business and commercial property owners, note that “all new development must be consistent with the general plan. Yet the federal and state constitutions prohibit requiring new projects to pay for deficiencies that pre-date the proposed new project in the community. New projects cannot comply with both the proposed new general plan element and the federal and state constitutions, though that is what the bill will require.”
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: June 29, 2016
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Susan Talamantes Eggman, Chair
SBPCA Bill Id:SB 1000
Author:(Leyva) – As Amended Ver:June 20, 2016
SENATE VOTE: 24-15
SUBJECT: Land use: general plans: environmental justice.
SUMMARY: Requires cities and counties to address environmental justice in their general plans. Specifically, this bill:
- Requires a city or county to include in the general plan an environmental justice element
(EJ element), or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities within the area covered by the general plan of that city or county, if the city or county has a disadvantaged community. - Requires the EJ element, or related EJ goals, policies, and objectives integrated in other elements, to do all of the following:
- 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;
- 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.
- Requires a city or county to adopt or review the EJ element, or the EJ goals, policies, and objectives in other elements, upon the adoption or next revision of two or more elements on or after January 1, 2018.
- Allows a city or county that has adopted an EJ element, or EJ goals, policies, and objectives in other elements, in its general plan or related documents, that substantially complies to use that information to comply with the requirements of the bill.
- Defines the following terms:
- “Disadvantaged communities” to mean an area identified by the California Environmental Protection Agency, as specified, or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.
- “Public facilities” to include public improvements, public services, and community amenities, as defined.
- Specifies that no reimbursement is required because a local agency has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, as specified.
EXISTING LAW requires every city and county to adopt a general plan with seven mandatory elements: land use, circulation, housing, conservation, open space, noise and safety.
FISCAL EFFECT: This bill is keyed fiscal.
COMMENTS:
- Bill Summary. This bill requires cities and counties to address environmental justice in their general plans, either by including an EJ element, or by including related EJ goals, policies, and objectives that are integrated in other elements, if that city or county has a disadvantaged community, which the bill defines. A city or county would need to review or adopt the EJ element or the EJ goals, policies and objectives in other elements, upon the adoption or next revision of two or more elements on or after January 1, 2018. Additionally, a city or county that has adopted an EJ element or EJ goals, policies, and objectives in other elements that substantially complies with the bill can use that information to comply with these requirements.
This bill is sponsored by the California Environmental Justice Alliance and the Center for Community Action and Environmental Justice
- Author’s Statement. According to the author, “SB 1000 would ensure that communities in California take into account the environmental and pollution impacts on local residents living in areas that may be disproportionately exposed to toxins or other contaminants that can hurt them or their families. Residents in poorer communities oftentimes suffer from higher rates of asthma, cancer, and birth defects, so we must do all we can to eliminate environmental factors that may be contributing to those serious health problems.”
“Many forward thinking local governments have already begun to address environmental justice issues in their communities and SB 1000 will further these efforts across the state. Environmental justice is not just a catch phrase – it is a very real and vital part of helping to plan and develop healthy communities throughout California.”
The sponsors note that “There are two cities in California that have adopted an EJ Element in their General Plan – National City in San Diego County and Jurupa Valley in Riverside County. Since adopting an EJ element in their General Plan, the Inland Empire Chapter of the American Planning Association recognized Jurupa Valley with a “Best Practices Award.” Jurupa Valley also received state recognition when it received the “Advancing Diversity and Social Change in Honor of Paul Davidoff” Award, and is now being considered for a national award.”
- Arguments in Support. Supporters note that this bill would help cities and counties address issues, such as pollution exposure, while promoting better food access, physical activity, improved air quality and healthier communities.
- Arguments in Opposition. Opponents note that “all new development must be consistent with the general plan. Yet the federal and state constitutions prohibit requiring new projects to pay for deficiencies that pre-date the proposed new project in the community. New projects cannot comply with both the proposed new general plan element and the federal and state constitutions, though that is what the bill will require.”
REGISTERED SUPPORT / OPPOSITION:
Support
California Environmental Justice Alliance [SPONSOR]
Center for Community Action and Environmental Justice [SPONSOR]
Advancement Project
American Lung Association in California
American Planning Association, California Chapter
Asian Pacific Environmental Network
Breast Cancer Fund
California Alliance for Retired Americans
California Coastal Protection Network
California Bicycle Coalition
California Black Health Network
California League of Conservation Voters
California Pan-Ethnic Health Network
California State Association of Counties
Center on Race, Poverty, and the Environment
Central Coast Alliance United for a Sustainable Economy
Chino Valley Democratic Club
Coalition for a Safe Environment
Coalition for Clean Air
Comite Civico del Valle
Community Action to Fight Asthma
Communities for a New California
Concerned Community Members Parents of Redwood Elementary School Students
Environmental Health Coalition
Environmental Working Group
Fresno Barrios Unidos
Friends Committee on Legislation of California
Greenlining Institute
Honorable David Alvarez, Councilmember, City of San Diego
Inland Congregations United for a Change
Leadership Counsel for Justice and Accountability
Natural Resources Defense Council
National Association of Social Workers, California Chapter
Pacoima Beautiful
Physicians for Social Responsibility Los Angeles
PODER!
Regional Asthma Management and Prevention
Safe Routes to School National Partnership
Sierra Club California
Support (continued)
Southern California College Access Network
Strategic Concepts in Organizing and Policy Education
Trust for Public Land
Women’s Foundation of California
Opposition
American Council of Engineering Companies
California Apartment Association
California Association of Realtors
California Building Industry Association
California Business Properties Association
CalChamber
Cities of Camarillo, Roseville, San Jacinto, Thousand Oaks, San Marcos
League of Cities
Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 1000
:
SENATE GOVERNANCE & FIN. COMMITTEE: 5-1, 4/6/16
AYES: Hertzberg, Beall, Hernandez, Lara, Pavley
NOES: Moorlach
NO VOTE RECORDED: Nguyen
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-2, 4/20/16
AYES: Wieckowski, Hill, Jackson, Leno, Pavley
NOES: Gaines, Bates
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/27/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NOES: Bates, Nielsen
SOURCE: California Environmental Justice Alliance
Center for Community Action and Environmental Justice
DIGEST: This bill requires every city and county to include an environmental justice element in its general plan.
Existing law:
- Requires, pursuant to the Planning and Zoning Law:
- Every county and city to adopt a general plan with seven mandatory elements: land use, circulation, housing, conservation, open space, noise, and safety.
- The general plan to be “internally consistent,” which means the various elements cannot have conflicting information or assumptions.
- Cities and counties’ major land use decisions—subdivisions, zoning, public works projects, use permits—to be consistent with their general plans.
- The housing element to be updated no less than every eight years, pursuant to a statutory schedule.
- Allows cities and counties to adopt optional elements that address issues of their choosing.
- Specifies that optional elements have the same legal force as the mandatory elements.
- Requires the Governor’s Office of Planning and Research (OPR) to publish and periodically revise General Plan Guidelines that:
- Recommend the information that local planners should collect;
- Suggest goals, policies, and objectives that local general plans could adopt; and
- List a wide range of feasible implementation measures to carry out those local goals.
- Designates OPR as the lead state agency on environmental justice matters (SB 115, Solis, Chapter 690, Statutes of 1999).
- Requires OPR to adopt recommendations in its General Plan Guidelines that local governments may use to address environmental justice issues (AB 1553, Keeley, 2001).
- Requires consideration of specific water, wastewater, and fire protection needs for disadvantaged communities in general plans as well as in some proceedings that determine local government boundaries (SB 244, Wolk, 2011).
- Provides that 25% of the revenue from the state’s “cap-and-trade” program for greenhouse gas emissions must benefit disadvantaged communities, as identified by the California Environmental Protection Agency (CALEPA), based on geographic, socioeconomic, public health, and environmental hazard criteria (SB 535, De Leon, Chapter 830, Statutes of 2012).
This bill:
- Requires every city and county to adopt or review an environmental justice element upon the adoption or next revision of the housing element on or after January 1, 2018. The environmental justice element must identify:
- Disadvantaged communities within the jurisdiction of the agency, including both those communities identified by CALEPA for the purpose of allocating cap-and-trade funding and communities with median household incomes below 80 percent of the statewide median.
- Objectives and policies to reduce the health risks in disadvantaged communities through means that include reducing pollution exposure, improving air quality, and promoting food access, healthier homes, physical activity, and public amenities, as defined.
- Objectives and policies to promote civil engagement in the public decision-making process.
- Defines public amenities to include facilities such as community centers or water and transportation infrastructure, as well as other public services such as fire protection, public lighting, signage, and sidewalks.
Background
The California Supreme Court has called the general plan “the constitution for all future development” because it presents a vision and a set of principles for future growth in the community. Development decisions must carry out and not obstruct a general plan’s policies. Major updates to a general plan often trigger review under the California Environmental Quality Act (CEQA), which requires studies of the impacts of government decisions on people and the environment.
Since 1999, the Legislature has enacted several laws to advance consideration of environmental justice; as defined in state law, environmental justice means the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.
Local governments have also begun to consider environmental justice issues. According to the most recent Annual Planning Survey conducted by OPR (in 2014), 101 cities and counties reported that they considered equity issues in their general plans. Two cities—Jurupa Valley and National City—have adopted optional elements in their general plans specifically addressing environmental justice.
Nonetheless, disadvantaged communities continue to suffer from environmental harms. Some advocates want local governments to take additional steps to address environmental justice issues.
Comments
- Purpose of the bill. Throughout California, disadvantaged communities bear a disproportionate burden from pollution and other environmental hazards. Communities that lack political power often find polluting facilities sited near them, while lacking basic infrastructure such as water services, public transportation, outdoor recreation spaces, and even grocery stores. This disparate treatment results in poor health outcomes, such as high rates of cancer, asthma, and birth defects. Cities and counties have control over many decisions that affect the exposure of disadvantaged communities, and burdens that they face can be alleviated by proper planning that takes their needs into account. By requiring cities and counties to adopt an environmental justice element in their general plans, SB 1000 encourages local governments to consider how these communities are affected by planning decisions in a comprehensive and cohesive manner. SB 1000 is an important step toward ensuring that all Californians live in a healthy environment.
- Who pays? The Legislature first required cities and counties to adopt general plans in 1937. Over the last 80 years, legislators have insisted on increasingly detailed local plans. But California doesn’t invest state General Fund money in long-range, comprehensive, local planning. The burden of funding these new state mandated local programs falls on local general funds and on the property owners who apply for development permits. SB 1000 ups the ante by requiring an entirely new element, which could spark expensive wholesale makeovers of general plans and the associated costly CEQA analyses. SB 1000 is another well-intentioned, but unfunded, state mandated local program.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- One-time costs of up to $60,000 to OPR to produce written guidance related to the mandatory environmental justice element to supplement the adopted General Plan Guidelines. (General Fund)
- Unknown, significant local costs to develop and adopt a new environmental justice general plan element and revise other elements to ensure consistency.
California Environmental Justice Alliance (co-source)
Center for Community Action and Environmental Justice (co-source)
Advancement Project
American Lung Association – California
Asian Pacific Environmental Network
Breast Cancer Fund
California Alliance for Retired Americans
California Bicycle Coalition
California Coastal Protection Network
California League of Conservation Voters
California Pan-Ethnic Health Network
CCoMpress
Center on Race, Poverty, and the Environment
Central Coast Alliance United for a Sustainable Economy
Chino Valley Democratic Club
Coalition For A Safe Environment
Coalition for Clean Air
Comité Civico Del Valle
Communities for a Better Environment
Communities for a New California
Community Action to Fight Asthma
Councilmember David Alvarez, City of San Diego
Environmental Health Coalition
Environmental Working Group
Fresno Barrios Unidos
Friends Committee on Legislation of California
Inland Congregations United for Change
Leadership Counsel for Justice and Accountability
Pacoima Beautiful
Physicians for Social Responsibility – Los Angeles
PODER!
Regional Asthma Management & Prevention
Safe Routes to School National Partnership
Sierra Club California
SoCal CAN
Strategic Concepts in Organizing and Policy Education
The Greenlining Institute
The Women’s Foundation of California
Trust for Public Land
OPPOSITION: (Verified 5/27/16)
American Planning Association, California Chapter
California Apartment Association
California Building Industry Association
California Business Properties Association
California Chamber of Commerce
California State Association of Counties
City of Camarillo
City of Roseville
City of San Jacinto
City of Thousand Oaks
League of Cities
Rural County Representatives of California
5/28/16 16:50:09
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1000 (Leyva) - Land use: general plans: environmental justice
Version: April 12, 2016 | Policy Vote: GOV. & F. 5 - 1, E.Q. 5 - 2 |
Urgency: No | Mandate: Yes |
Hearing Date: May 9, 2016 | Consultant: Mark McKenzie |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 1000 would require cities and counties to adopt a new mandatory environmental justice element of the general plan upon the adoption or next revision of the housing element that occurs on or after January 1, 2018.
Fiscal Impact:
- One-time costs of up to $60,000 to the Governor’s Office of Planning and Research (OPR) to produce written guidance related to the mandatory environmental justice element to supplement the adopted General Plan Guidelines. (General Fund)
- Unknown, significant local costs to develop and adopt a new environmental justice general plan element and revise other elements to ensure consistency. These local costs are not state-reimbursable. (see staff comments)
Background:
Existing law requires cities and counties to adopt a general plan with seven mandatory elements: land use, circulation, housing, conservation, open space, noise, and safety. Although state law specifies the minimum requirements of a plan, local officials may adopt optional elements that address additional topics based on regional necessity. Once adopted, those optional elements have the same legal force as the mandatory elements. The general plan must be “internally consistent,” which means the various elements cannot have conflicting information or assumptions. With the exception of the housing element, which must be updated every five to eight years, cities and counties are not required to regularly update the general plan.
Existing law requires OPR to periodically revise guidelines for the preparation and content of local general plans. AB 1553 (Keeley), Chap. 762/2001, specifically required OPR to adopt recommendations in its guidelines by 2003 that local governments can use to address environmental justice issues in their general plans. OPR is currently in the final stages of the first comprehensive update to the General Plan Guidelines since 2003. The proposed guidelines include stand-alone chapters on environmental justice and community engagement, and also include provisions providing guidance on social equity.
According to OPR’s most recent Annual Planning Survey from 2014, 101 cities and counties reported that their general plans provide consideration for equity issues, and two cities have adopted optional general plan elements specifically addressing environmental justice.
Proposed Law:
SB 1000 would require cities and counties to adopt or review an environmental justice element upon the adoption or next revision of the housing element that occurs on or after January 1, 2018. The environmental justice element must identify:
- Disadvantaged communities within the planning area, including both those communities identified by the California Environmental Protection Agency (CALEPA) for the purpose of allocating cap-and-trade funding and communities with median household incomes below 80 percent of the statewide median.
- Objectives and policies to reduce the health risks in disadvantaged communities through means that include reducing pollution exposure, improving air quality, and promoting public amenities, food access, healthier homes, and physical activity, as defined.
- Objectives and policies to promote civil engagement in the public decision-making process.
SB 1000 specifies that “public amenities” include public facilities, adequate public services, and infrastructure, as specified.
Staff Comments:
This bill requires local governments to develop and adopt a new mandatory environmental justice element upon the next housing element revision that occurs after 2017, but also indirectly requires a broader general plan update to ensure there is internal consistency between the new element and other parts of the general plan. These updates and changes could also trigger further analysis of the planning impacts pursuant to the California Environmental Quality Act (CEQA). As such, SB 1000 will impose significant costs on cities and counties. Staff notes that existing law prevents local governments from qualifying for reimbursement from the state for any costs incurred to meet the requirements of the bill because of the local authority to charge planning and development fees. Even though local agencies have the authority to set these fees at a level sufficient to cover their local planning costs, it may not be feasible to adjust any appropriate fees to recover costs that are directly attributable to this bill.
Since OPR is expected to release a comprehensive update to its General Plan Guidelines this year, SB 1000 is likely to require OPR to provide supplemental guidance to local agencies to account for new environmental justice mandatory planning requirements. OPR would incur costs of up to $60,000 to develop and publish a supplement to its General Plan Guidelines.
-- END --
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: SB 1000
Author: | Leyva | ||
Version: | 4/12/2016 | Hearing Date: | 4/20/2016 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Rachel Machi Wagoner | ||
SUBJECT: Land use: general plans: environmental justice
ANALYSIS:
Existing law: under 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.
- Requires this general plan to include several elements, including, among others, land use, open-space, safety, and conservation elements, which are required to meet specified requirements.
This bill:
- Requires every city and county to adopt an environmental justice element upon the adoption or next revision of its general plan. The environmental justice element must identify:
- Disadvantaged communities within the jurisdiction of the agency, including both those communities identified by the California Environmental Protection Agency (CalEPA) for the purpose of allocating cap-and-trade funding the CalEnviroScreen and communities with median household incomes below 80% of the statewide median.
- Objectives and policies to reduce the health risks in disadvantaged communities through means that include reducing pollution exposure, improving air quality, and promoting food access, healthier homes, physical activity, and public amenities, as defined.
- Objectives and policies to promote civil engagement in the public decisionmaking process.
- Public amenities to include facilities such as community centers or water and transportation infrastructure, as well as other public services such as fire protection, public lighting, signage, and sidewalks.
- Pursuant to amendments taken in the Committee on Governance and Finance, adoption and updates of the environmental justice element are tied to the update of the housing element and the area for consideration of environmental justice elements is expanded to cover the same area as the General Plan.
Background
- Environmental Justice in California.
Since 1999, the Legislature has enacted several laws to advance consideration of environmental justice; as defined in state law, environmental justice means the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies. SB 115 (Solis, Chapter 690, Statutes of 1999) designated the Governor’s Office of Planning and Research (OPR) as the lead state agency on environmental justice matters. Subsequently, AB 1553 (Keeley, Chapter 762, Statutes of 2001) required the OPR to adopt recommendations in its general plan guidelines that local governments may use to address environmental justice issues. Recognizing the importance of local planning in environmental justice issues, SB 244 (Wolk, Chapter 513, Statutes of 2011) required consideration of specific water, wastewater, and fire protection needs for disadvantaged communities in general plans as well as in some proceedings that determine local government boundaries. SB 535 (de León, Chapter 830, Statutes of 2012) provided that 25% of the revenue from the state’s “cap-and-trade” program for greenhouse gas emissions must benefit disadvantaged communities, as identified by the California Environmental Protection Agency (CalEPA), based on geographic, socioeconomic, public health, and environmental hazard criteria.
Local governments have also begun to consider environmental justice issues. According to the most recent Annual Planning Survey conducted by OPR (in 2014), 101 cities and counties reported that they considered equity issues in their general plans. Two cities—Jurupa Valley and National City—have adopted optional elements in their general plans specifically addressing environmental justice.
Nonetheless, disadvantaged communities continue to suffer from environmental harms. CalEPA, using the methodology it developed in response to the directives in SB 535, identified 9.4 million Californians who live in communities with high pollution burdens from multiple sources and are vulnerable for socioeconomic reasons or other factors, such as low levels of educational achievement. Some advocates want local governments to take additional steps to address environmental justice issues.
- CalEnviroScreen.
CalEnviroScreen is a science-based tool that identifies the California communities most burdened by pollution from multiple sources and most vulnerable to its effects. The tool uses data on 12 types of pollution and environmental factors and seven population characteristics and socioeconomic factors to create scores for each of the state’s 8,000 census tracts to identify California communities with the greatest cumulative exposure to pollution. The tool was updated in April, 2014 to create scores for each of the state’s 8,000 census tracts, instead of using ZIP code data, and adds new indicators for drinking water contaminants and unemployment rates.
The tool is used to help implement a state law (SB 535, de León, Chapter 830, Statutes of 2012) that requires that 25% of the proceeds from the state’s cap-and-trade auctions be invested in projects that benefit disadvantaged communities, including 10% for projects located within these areas. The law requires CalEPA to identify those communities.
- Environmental Justice and Planning.
Environmental justice considerations affect many aspects of community planning and design and therefore relate to multiple general plan elements. For example, the land use element determines how close housing is to polluting facilities; the circulation element informs access to public transit, as well as siting of major thoroughfares that create air quality problems; and the housing element guides whether low income residents can afford housing. As a result, a single environmental justice element would have to encompass many unrelated subjects—likely at the 30,000 foot level—and most other general plan elements would have to be updated anyway in order to maintain internal consistency. Requiring consideration of relevant environmental justice concerns in existing elements could eliminate duplication and allow local governments to examine specific environmental justice concerns in greater depth.
Comments
- Purpose of Bill. According to the author, “SB 1000 would ensure that communities in California take into account the environmental and pollution impacts on local residents living in areas that may be disproportionately exposed to toxins or other contaminants that can hurt them or their families. Residents in poorer communities oftentimes suffer from higher rates of asthma, cancer and birth defects, so we must do all we can to eliminate environmental factors that may be contributing to those serious health problems.”
The author asserts that “open space, noise and safety planning elements are already integral pieces of local general Plans. I firmly believe that local authorities must also do their due diligence to protect vulnerable residents from potentially dangerous environmental hazards. Environmental justice is not just a catch phrase – it is a very real and vital part of helping to plan and develop healthy communities throughout California.”
- Definition of Environmental Justice.
The bill incorporates two statutory definitions of environmental justice:
- The definition used for CalEnviroScreen and the implementation of
SB 535, which looks at the cumulative impacts of communities that carry the greatest burden from pollution, and
- The water code definition used for water bond funding of communities with median household incomes below 80% of the statewide median.
This second definition may get to the communities that meet the socio-economic definition of disadvantaged but does not give clear direction as to whether the community is an environmental justice community impacted by a high pollution burden. It appears the author is trying to capture not only those CalEnviroScreen communities but also communities that may not score high for CalEnviroScreen because they do not have the highest cumulative burden but rather may have a burden from one or more singular pollutants.
The bill should be amended to incorporate additional language to qualify the environmental impacts on those disadvantaged communities.
- Mandate. The California Constitution generally requires the state to reimburse local agencies for their costs when the state imposes new programs or additional duties on them. According to the Legislative Counsel’s Office, SB 1000 creates a new state-mandated local program. SB 1000 disclaims this mandate by saying that no reimbursement is required because local agencies may levy charges sufficient to cover any costs.
Related/Prior Legislation
SB 535 (de León, Chapter 830, Statutes of 2012) requires the investment plan related to the Greenhouse Gas Reduction Fund (GGRF) that is developed and submitted to the Legislature pursuant to AB 1532 (John A. Pérez) to allocate: 1) a minimum of 25% of the available moneys in the fund to projects that provide benefits to identified disadvantaged communities; and, 2) a minimum of 10% of the available moneys in the fund to projects located within identified disadvantaged communities.
SB 244 (Wolk, Chapter 513, Statutes of 2011) requires local agencies to plan for specified disadvantaged communities through the Local Agency Formation Commission planning process and general plan updates.
AB 1553 (Keeley, Chapter 762, Statutes of 2001), requires the Governor's Office of Planning and Research (OPR), when it adopts the next general plan guidelines, or no later than July 1, 2003, to adopt guidelines for addressing environmental justice matters in city and county general plans, and to hold at least one public hearing prior to the release of any draft guidelines, and at least one public hearing after the release of the draft guidelines.
DOUBLE REFERRAL:
The Senate Rules referred SB 1000 to the Committee on Governance and Finance and the Committee on Environmental Quality. The Senate Committee on Governance and Finance passed out SB 1000 on April 6, 2016 on a vote of 5-1. The Committee on Governance and Finance heard issues relative to its jurisdiction over bills relating to the General Plan provision of the bill. The Committee on Environmental Quality has consideration for the issues related to the environmental justice elements of this bill.
SOURCE:
California Environmental Justice Alliance
Center for Community Action and Environmental Justice
SUPPORT:
American Lung Association in California
Asian Pacific Environmental Network
Breast Cancer Fund
California Alliance for Retired Americans
California Bicycle Coalition
California Coastal Protection Network
California League of Conservation Voters
California Pan-Ethnic Health Network
Center for Community Action and Environmental Justice
Center on Race, Poverty, and the Environment
Central Coast Alliance United for a Sustainable Economy
City of San Diego, Councilmember David Alvarez
Chino Valley Democratic Club
Coalition For A Safe Environment
Coalition for Clean Air
Comite Civico del Valle
Communities for a Better Environment
Communities for a New California
Concerned Community Members Parents of Redwood Elementary School Students
Environmental Health Coalition
Environmental Justice Coalition for Water
Environmental Working Group
Fresno Barrios Unidos
Friends Committee on Legislation of California
Greenlining Institute
Inland Congregations United for Change
Leadership Council for Justice and Accountability
Pacoima Beautiful
People Organizing to Demand Environmental and Economic Rights
Physicians for Social Responsibility—Los Angeles
Safe Routes to School National Partnership
Sierra Club California
Southern California College Access Network
Strategic Concepts in Organizing & Policy Education
Trust for Public Land
Women’s Foundation of California
OPPOSITION:
American Planning Association California Chapter
California Building Industry Association
California Chamber of Commerce
ARGUMENTS IN SUPPORT:
Support argues that “throughout California disadvantaged communities bear a disproportionate burden of pollution and environmental hazards. The supports argue that inappropriate land use remains a leading cause of environmental inequities, ranging from the lack of basic infrastructure to the exposure of toxins from industrial facilities. Residents in these communities often suffer poor health outcomes and other social and economic burdens.
Supporters believe that SB 1000 will improve local planning efforts to reduce disproportionate environmental and health impacts on California’s most vulnerable residents by ensuring that local governments include an environmental justice element in General Plans when they are updated.
Supporters feel that by creating a standalone element that addresses environmental justice local planning policies will promote a healthier community for all by mitigating
ARGUMENTS IN OPPOSITION:
The California Chamber of Commerce and the California Building Industry Association argue that “requiring additional conditions along geographic lines will very likely affect where developments are sited or businesses locate or expand. By requiring that an environmental justice element be included for general plans within disadvantaged communities, SB 1000 is essentially redlining those communities”
The California State Association of Counties has a support if amended position stating “that development of, amendments to and adoption of a General Plan all comprise lengthy and costly processes. Requiring a jurisdiction to adopt a new element would trigger the need to revise the entirety of its General Plan. Major revisions to the General Plan would also trigger the need to conduct robust environmental review and the development of an Environmental Impact Report (EIR). Rather than mandate an entirely new element CSAC supports the suggested alternative to require local agencies to conduct an impact analysis and develop proposed actions related to impacts of undesirable land uses on adjacent or surrounding communities consistent with the Governor’s Office of Planning and Research’s General Plan Guidelines.”
-- END --
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert M. Hertzberg, Chair
2015 - 2016 Regular
Bill No: | SB 1000 | Hearing Date: | 4/6/16 |
Author: | Leyva | Tax Levy: | No |
Version: | 3/30/16 Amended | Fiscal: | Yes |
Consultant: | Favorini-Csorba | ||
Land use: general plans: environmental justice
Requires each city and county to include an environmental justice element in its general plan.
Background
General plans. The Planning and Zoning Law requires every county and city to adopt a general plan with seven mandatory elements: land use, circulation, housing, conservation, open space, noise, and safety. Cities and counties may adopt optional elements that address issues of their choosing, and once adopted, those elements have the same legal force as the mandatory elements. The general plan must be “internally consistent,” which means the various elements cannot have conflicting information or assumptions.
To help local officials interpret these statutory requirements, the Governor’s Office of Planning and Research (OPR) publishes General Plan Guidelines. OPR’s Guidelines recommend the information that local planners should collect; suggest goals, policies, and objectives that local general plans could adopt; and list a wide range of feasible implementation measures to carry out those local goals. OPR released a draft update to the Guidelines in November 2015.
The California Supreme Court has called the general plan “the constitution for all future development” because it presents a vision and a set of principles for future growth in the community. In addition, cities and counties’ major land use decisions—subdivisions, zoning, public works projects, use permits—must be consistent with their general plans. Development decisions must carry out and not obstruct a general plan’s policies. A general plan must be current for land use decisions to be valid, but state law only requires the housing element to be updated on a specific schedule. Major updates to a general plan often trigger review under the California Environmental Quality Act (CEQA), which requires studies of the impacts of government decisions on people and the environment.
Environmental justice. Since 1999, the Legislature has enacted several laws to advance consideration of environmental justice; as defined in state law, environmental justice means the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies. SB 115 (Solis, 1999) designated OPR as the lead state agency on environmental justice matters. Subsequently, AB 1553 (Keeley, 2001) required OPR to adopt recommendations in its general plan guidelines that local governments may use to address environmental justice issues. Recognizing the importance of local planning in environmental justice issues, SB 244 (Wolk, 2011) required consideration of specific water, wastewater, and fire protection needs for disadvantaged communities in general plans as well as in some proceedings that determine local government boundaries. SB 535 (De Leon, 2012) provided that 25% of the revenue from the state’s “cap-and-trade” program for greenhouse gas emissions must benefit disadvantaged communities, as identified by the California Environmental Protection Agency (CALEPA), based on geographic, socioeconomic, public health, and environmental hazard criteria.
Local governments have also begun to consider environmental justice issues. According to the most recent Annual Planning Survey conducted by OPR (in 2014), 101 cities and counties reported that they considered equity issues in their general plans. Two cities—Jurupa Valley and National City—have adopted optional elements in their general plans specifically addressing environmental justice.
Nonetheless, disadvantaged communities continue to suffer from environmental harms. CALEPA, using the methodology it developed in response to the directives in SB 535, identified 9.4 million Californians who live in communities with high pollution burdens from multiple sources and are vulnerable for socioeconomic reasons or other factors, such as low levels of educational achievement. Some advocates want local governments to take additional steps to address environmental justice issues.
Proposed Law
Senate Bill 1000 requires every city and county to adopt an environmental justice element upon the adoption or next revision of its general plan. The environmental justice element must identify:
- Disadvantaged communities within the jurisdiction of the agency, including both those communities identified by CALEPA for the purpose of allocating cap-and-trade funding and communities with median household incomes below 80 percent of the statewide median.
- Objectives and policies to reduce the health risks in disadvantaged communities through means that include reducing pollution exposure, improving air quality, and promoting food access, healthier homes, physical activity, and public amenities, as defined.
- Objectives and policies to promote civil engagement in the public decisionmaking process.
SB 1000 defines public amenities to include facilities such as community centers or water and transportation infrastructure, as well as other public services such as fire protection, public lighting, signage, and sidewalks.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill. Throughout California, disadvantaged communities bear a disproportionate burden from pollution and other environmental hazards. Communities that lack political power often find polluting facilities sited near them, while lacking basic infrastructure such as water services, public transportation, outdoor recreation spaces, and even grocery stores. This disparate treatment results in poor health outcomes, such as high rates of cancer, asthma, and birth defects. Cities and counties have control over many decisions that affect the exposure of disadvantaged communities, and burdens that they face can be alleviated by proper planning that takes their needs into account. By requiring cities and counties to adopt an environmental justice element in their general plans, SB 1000 encourages local governments to consider how these communities are affected by planning decisions in a comprehensive and cohesive manner. Furthermore, because subsequent land use decisions by a city or county must usually be consistent with their general plan, SB 1000 ensures that those decisions don’t hurt the most vulnerable Californians. Finally, by using the methodology CALEPA has developed to identify disadvantaged communities, SB 1000 puts cities and counties in an excellent position to apply for cap-and-trade funds to help their disadvantaged communities. SB 1000 is an important step toward ensuring that all Californians live in a healthy environment.
2. Who pays? The Legislature first required cities and counties to adopt general plans in 1937. Over the last 80 years, legislators have insisted on increasingly detailed local plans. The recent trend has been to require general plans to pay more attention to specialized topics: San Joaquin Valley’s air quality (AB 170, Reyes, 2003), wildland fires (AB 3065, Kehoe, 2004, and AB 1241, Kehoe, 2012), tribal cultural places (SB 18, Burton, 2004), military operating areas (SB 926, Knight, 2004), flood hazards (AB 162, Wolk, 2007), and just last year, climate change (SB 379, Jackson, 2015). But California doesn’t invest state General Fund money in long-range, comprehensive, local planning. The burden of funding these new state mandated local programs falls on local general funds and on the property owners who apply for development permits. SB 1000 ups the ante by requiring an entirely new element, which could spark expensive wholesale makeovers of general plans and the associated costly CEQA analyses. SB 1000 is another well-intentioned, but unfunded, state mandated local program.
3. Form over function. Environmental justice considerations affect many aspects of community planning and design and therefore relate to multiple general plan elements. For example, the land use element determines how close housing is to polluting facilities; the circulation element informs access to public transit, as well as siting of major thoroughfares that create air quality problems; and the housing element guides whether low income residents can afford housing. As a result, a single environmental justice element would have to encompass many unrelated subjects—likely at the 30,000 foot level—and most other general plan elements would have to be updated anyway in order to maintain internal consistency. Requiring consideration of relevant environmental justice concerns in existing elements could eliminate duplication and allow local governments to examine specific environmental justice concerns in greater depth.
4. Timing is everything. Local governments frequently make small changes to their general plans in order to keep them current. SB 1000 requires adoption of the element along with the next adoption or revision of the general plan, which will likely require a major revision to the general plan as a whole and could cause significant delays to element updates that are already in process. Moreover, only the housing element must be updated according to a particular schedule (no less than every eight years). To ensure a predictable schedule for revising the environmental justice element and to avoid imposing a significant burden on a local government that may need to make a small change to its general plan in the near future, the Committee may wish to consider amending SB 1000 to tie adoption and revision of the environmental justice element to the next adoption or revision of the housing element on or after January 1, 2018.
5. Clarifying amendment. A general plan may cover land that is outside of a city or county’s jurisdiction if it is relevant to the agency’s planning efforts. However, SB 1000 limits the requirement to identify disadvantaged communities to only an agency’s jurisdiction. The Committee may wish to consider amending SB 1000 to require the general plan to instead identify disadvantaged communities across all territory covered by the plan.
6. Mandate. The California Constitution generally requires the state to reimburse local agencies for their costs when the state imposes new programs or additional duties on them. According to the Legislative Counsel’s Office, SB 1000 creates a new state-mandated local program. SB 1000 disclaims this mandate by saying that no reimbursement is required because local agencies may levy charges sufficient to cover any costs.
7. Double-referred. The Senate Rules Committee has ordered a double-referral of SB 1000—first to the Senate Governance & Finance Committee, which has jurisdiction over bills relating to the Planning and Zoning Law, and then to the Senate Environmental Quality Committee, which has jurisdiction over bills relating to environmental issues.
Support and Opposition
(3/31/15)
Support: California Environmental Justice Alliance (co-sponsor); Center for Community Action and Environmental Justice (co-sponsor); American Lung Association in California; Asian Pacific Environmental Network; California Alliance for Retired Americans; California Bicycle Coalition; California Coastal Protection Network; Center for Community Action and Environmental Justice; Center on Race, Poverty, and the Environment; Central Coast United for a Sustainable Economy; Clean Water Action; Coalition For A Safe Environment; Communities for a Better Environment; Coalition for Clean Air; Comite Civico del Valle; Communities for a New California; Community Water Center; Concerned Community Members Parents of Redwood Elementary School Students; Councilmember David Alvarez, City of San Diego; Environmental Health Coalition; Environmental Justice Coalition for Water; Environmental Working Group; Fresno Barrios Unidos; Friends Committee on Legislation of California; Greenlining Institute; Inland Congregations United for Change; Leadership Council for Justice and Accountability; People Organizing to Demand Environmental and Economic Rights; Physicians for Social Responsibility—Los Angeles; Pueblo Unido Community Development Corporation; Safe Routes to School National Partnership; Sierra Club California; Southern California College Access Network; Women’s Foundation of California.
Opposition: American Planning Association, California Chapter; California Building Industry Association; California Chamber of Commerce.
-- END --
Discussed in Hearing
3MIN
Assembly Standing Committee on Transportation
2MIN
Assembly Floor
13MIN
Senate Floor
1MIN
Assembly Floor
3MIN
Assembly Standing Committee on Appropriations
17MIN
Assembly Standing Committee on Local Government
8MIN
Senate Floor
Bill Author
Bill Co-Author(s):
