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AB-1553 Environmental justice: guidelines.(2001-2002)

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Assembly Bill No. 1553
CHAPTER 762

An act to amend Sections 65040.2 and 65040.12 of the Government Code, relating to environmental justice.

[ Filed with Secretary of State  October 12, 2001. Approved by Governor  October 11, 2001. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1553, Keeley. Environmental justice: guidelines.
Existing law defines the term “environmental justice,” provides that the Office of Planning and Research shall be the coordinating agency in state government for environmental justice programs, and requires that the Director of Planning and Research take actions with respect to the implementation, coordination, and review of environmental justice programs in the state. Existing law requires the office to adopt guidelines for the preparation and content of the mandatory elements required in city and county general plans.
This bill would require the office, when it adopts the next general plan guidelines, but in no case later than July 1, 2003, to adopt guidelines, as specified, 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. The bill would authorize the hearings to be held at the regular meetings of the Planning Advisory and Assistance Council.

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


SECTION 1.

 Section 65040.2 of the Government Code is amended to read:

65040.2.
 (a) In connection with its responsibilities under subdivision (l) of Section 65040, the office shall develop and adopt guidelines for the preparation and content of the mandatory elements required in city and county general plans by Article 5 (commencing with Section 65300) of Chapter 3. For purposes of this section, the guidelines prepared pursuant to Section 50459 of the Health and Safety Code shall be the guidelines for the housing element required by Section 65302. In the event that additional elements are hereafter required in city and county general plans by Article 5 (commencing with Section 65300) of Chapter 3, the office shall adopt guidelines for those elements within six months of the effective date of the legislation requiring those additional elements.
(b) The office may request from each state department and agency, as it deems appropriate, and the department or agency shall provide, technical assistance in readopting, amending, or repealing the guidelines.
(c) The guidelines shall be advisory to each city and county in order to provide assistance in preparing and maintaining their respective general plans.
(d) The guidelines shall contain the guidelines for addressing environmental justice matters developed pursuant to Section 65040.12.
(e) The office shall provide for regular review and revision of the guidelines established pursuant to this section.

SEC. 2.

 Section 65040.12 of the Government Code is amended to read:

65040.12.
 (a) The office shall be the coordinating agency in state government for environmental justice programs.
(b) The director shall do all of the following:
(1) Consult with the Secretaries of the California Environmental Protection Agency, the Resources Agency, the Trade and Commerce Agency, and the Business, Transportation and Housing Agency, the Working Group on Environmental Justice established pursuant to Section 72002 of the Public Resources Code, any other appropriate state agencies, and all other interested members of the public and private sectors in this state.
(2) Coordinate the office’s efforts and share information regarding environmental justice programs with the Council on Environmental Quality, the United States Environmental Protection Agency, the General Accounting Office, the Office of Management and Budget, and other federal agencies.
(3) Review and evaluate any information from federal agencies that is obtained as a result of their respective regulatory activities under federal Executive Order 12898, and from the Working Group on Environmental Justice established pursuant to Section 72002 of the Public Resources Code.
(c) When it adopts its next edition of the general plan guidelines pursuant to Section 65040.2, but in no case later than July 1, 2003, the office shall include guidelines for addressing environmental justice matters in city and county general plans. The office shall 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. The hearings may be held at the regular meetings of the Planning Advisory and Assistance Council.
(d) The guidelines developed by the office pursuant to subdivision (c) shall recommend provisions for general plans to do all of the following:
(1) Propose methods for planning for the equitable distribution of new public facilities and services that increase and enhance community quality of life throughout the community, given the fiscal and legal constraints that restrict the siting of these facilities.
(2) Propose methods for providing for the location, if any, of industrial facilities and uses that, even with the best available technology, will contain or produce material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant hazard to human health and safety, in a manner that seeks to avoid over-concentrating these uses in proximity to schools or residential dwellings.
(3) Propose methods for providing for the location of new schools and residential dwellings in a manner that seeks to avoid locating these uses in proximity to industrial facilities and uses that will contain or produce material that because of its quantity, concentration, or physical or chemical characteristics, poses a significant hazard to human health and safety.
(4) Propose methods for promoting more livable communities by expanding opportunities for transit-oriented development so that residents minimize traffic and pollution impacts from traveling for purposes of work, shopping, schools, and recreation.
(e) For the purposes of this section, “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.