SB 1070

Bill Subjects

Abstract

(1) The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that bears relation to its planning. That law requires the general plan to include several elements, including, among others, an environmental justice element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities, as defined, if the city, county, or city and county has a disadvantaged community. This bill would revise and recast the provisions regarding an environmental justice element by requiring the environmental justice element to include certain provisions, including identification of disadvantaged communities; an assessment of the unique and compounded health risks and investment needs in disadvantaged communities; a statement of goals, quantified objectives, and policies designed to address the unique and compounded health risks and investment needs identified; and a program that sets forth a schedule of required meaningful actions with an implementation deadline and performance metrics with regard to the goals, quantified objectives, and policies identified. The bill would require local governments to ensure meaningful involvement of residents of disadvantaged communities in the preparation, adoption, and implementation of the environmental justice element, and to facilitate accomplishing this requirement by preparing and adopting a public engagement plan prior to the development of the environmental justice element, and release of any draft or a portion thereof, as provided. This bill would also require a city, county, or city and county, subject to these requirements, that does not have an adopted environmental justice element as of September 30, 2020, to adopt the environmental justice element, pursuant to these provisions, on or before the due date for the next revision of its housing element or by January 1, 2023, whichever is sooner, and if the local government has adopted an environmental justice element pursuant to these provisions by September 30, 2020, it would be required to review and amend the element on or before the deadline for adoption of the next revision of its housing element and periodically thereafter, as provided. Because the bill would impose new duties on local governments with respect to the environmental justice element, the bill would create a state-mandated local program. (2) Existing law requires cities and counties to prepare, adopt, and amend general plans and elements of those general plans in the manner provided. Upon an application by a city or county, the Director of State Planning and Research is required to grant a reasonable extension of time, not to exceed 2 years, for the preparation and adoption of all or part of the general plan, as specified. With exceptions, the director is prohibited from granting an extension of time for the preparation and adoption of a housing element. This bill would add the preparation of an environmental justice element to the prohibition. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.