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AB-2447 California Environmental Quality Act: land use: environmental justice.(2017-2018)

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Date Published: 09/05/2018 04:00 AM
AB2447:v91#DOCUMENT

Enrolled  September 04, 2018
Passed  IN  Senate  August 29, 2018
Passed  IN  Assembly  August 30, 2018
Amended  IN  Senate  August 24, 2018
Amended  IN  Senate  August 06, 2018
Amended  IN  Senate  July 02, 2018
Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  April 26, 2018
Amended  IN  Assembly  April 10, 2018
Amended  IN  Assembly  March 15, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 2447

Introduced by Assembly Member Reyes
(Coauthor: Senator Lara)

February 14, 2018

An act to amend Sections 21083.9 and 21092 of, and to add Chapter 2.8 (commencing with Section 21099.50) to Division 13 of, the Public Resources Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


AB 2447, Reyes. California Environmental Quality Act: land use: environmental justice.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA prohibits a lead agency from approving or carrying out a project for which a certified EIR identifies one or more significant effects on the environment unless the lead agency makes certain findings.
This bill would, except as provided, require a lead agency that is preparing an EIR or a negative declaration to provide certain notices required by CEQA to owners and occupants of property located within 1/2 mile of any parcel or parcels, and to any schools located within one mile of any parcel or parcels, on which is located a project involving an industrial or equivalent land use, as defined, within a disadvantaged community or within 1/2 mile of a disadvantaged community. The bill would also require the lead agency to provide those notices to those entities for a project involving the adoption of municipal regulations, zoning, or land use designations that authorize an industrial or equivalent land use within a disadvantaged community or within 1/2 mile of a disadvantaged community. The bill would require the lead agency to call at least one scoping meeting for those projects, as provided. The bill would require the lead agency to provide a specified notice in English and in other languages, as provided. Because the bill would impose additional duties on a lead agency, this bill would impose a state-mandated local program.
This bill would require the Office of Environmental Health Hazard Assessment to publish a specified map relating to disadvantaged communities no later than June 30, 2019, and to update the map, as specified.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 (a) It is the intent of the Legislature that the appropriate state agencies coordinate to determine the characteristics of land uses that impact public health and impact environmental justice communities.
(b) It is the intent of the Legislature that public agencies in implementing the Vulnerable Communities Inclusion Act (Chapter 2.8 (commencing with Section 21099.50) of Division 13 of the Public Resources Code) consider environmental and health impacts equivalent to those in industrial areas.

SEC. 2.

 This act shall be known, and may be cited, as the Vulnerable Communities Inclusion Act.

SEC. 3.

 Section 21083.9 of the Public Resources Code is amended to read:

21083.9.
 (a) Notwithstanding Section 21080.4, 21104, or 21153, a lead agency shall call at least one scoping meeting for either of the following:
(1) A proposed project that may affect highways or other facilities under the jurisdiction of the Department of Transportation if the meeting is requested by the department. The lead agency shall call the scoping meeting as soon as possible, but not later than 30 days after receiving the request from the Department of Transportation.
(2) A project of statewide, regional, or areawide significance.
(b) The lead agency shall provide notice of at least one scoping meeting held pursuant to paragraph (2) of subdivision (a) to all of the following:
(1) A county or city that borders on a county or city within which the project is located, unless otherwise designated annually by agreement between the lead agency and the county or city.
(2) A responsible agency.
(3) A public agency that has jurisdiction by law with respect to the project.
(4) A transportation planning agency or public agency required to be consulted pursuant to Section 21092.4.
(5) A public agency, organization, or individual who has filed a written request for the notice.
(c) For a public agency, organization, or individual that is required to be provided notice of a lead agency public meeting, the requirement for notice of a scoping meeting pursuant to subdivision (b) may be met by including the notice of a scoping meeting in the public meeting notice.
(d) A scoping meeting that is held in the city or county within which the project is located pursuant to the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) and the regulations adopted pursuant to that act shall be deemed to satisfy the requirement that a scoping meeting be held for a project subject to paragraph (2) of subdivision (a) if the lead agency meets the notice requirements of subdivision (b) or subdivision (c).
(e) The referral of a proposed action to adopt or substantially amend a general plan to a city or county pursuant to paragraph (1) of subdivision (a) of Section 65352 of the Government Code may be conducted concurrently with the scoping meeting required pursuant to this section, and the city or county may submit its comments as provided pursuant to subdivision (b) of that section at the scoping meeting.
(f) The requirement for a scoping meeting for a project described in paragraph (2) of subdivision (a) is satisfied if a scoping meeting is held pursuant to Section 21099.52.

SEC. 4.

 Section 21092 of the Public Resources Code is amended to read:

21092.
 (a) A lead agency that is preparing an environmental impact report or a negative declaration or making a determination pursuant to subdivision (c) of Section 21157.1 shall provide public notice of that fact within a reasonable period of time prior to certification of the environmental impact report, adoption of the negative declaration, or making the determination pursuant to subdivision (c) of Section 21157.1.
(b) (1) The notice shall specify the period during which comments will be received on the draft environmental impact report or negative declaration, and shall include the date, time, and place of any public meetings or hearings on the proposed project, a brief description of the proposed project and its location, the significant effects on the environment, if any, anticipated as a result of the project, the address where copies of the draft environmental impact report or negative declaration, and all documents referenced in the draft environmental impact report or negative declaration, are available for review, and a description of how the draft environmental impact report or negative declaration can be provided in an electronic format.
(2) This section shall not be construed in any manner that results in the invalidation of an action because of the alleged inadequacy of the notice content if there has been substantial compliance with the notice content requirements of this section.
(3) The notice required by this section shall be given to the last known name and address of all organizations and individuals who have previously requested notice, and shall also be given by at least one of the following procedures:
(A) Publication, no fewer times than required by Section 6061 of the Government Code, by the public agency in a newspaper of general circulation in the area affected by the proposed project. If more than one area will be affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas.
(B) Posting of notice by the lead agency onsite and offsite in the area where the project is to be located.
(C) Direct mailing to the owners and occupants of contiguous property shown on the latest equalized assessment roll.
(c) For a project involving the burning of municipal wastes, hazardous waste, or refuse-derived fuel, including, but not limited to, tires, meeting the qualifications of subdivision (d), notice shall be given to all organizations and individuals who have previously requested notice and shall also be given by at least the procedures specified in subparagraphs (A), (B), and (C) of paragraph (3) of subdivision (b). In addition, notification shall be given by direct mailing to the owners and occupants of property within one-fourth of a mile of any parcel or parcels on which is located a project subject to this subdivision.
(d) The notice requirements of subdivision (c) apply to both of the following:
(1) The construction of a new facility.
(2) The expansion of an existing facility that burns hazardous waste which would increase its permitted capacity by more than 10 percent. For purposes of this paragraph, the amount of expansion of an existing facility shall be calculated by comparing the proposed facility capacity with whichever of the following is applicable:
(A) The facility capacity approved in the facility’s hazardous waste facilities permit pursuant to Section 25200 of the Health and Safety Code or its grant of interim status pursuant to Section 25200.5 of the Health and Safety Code, or the facility capacity authorized in any state or local agency permit allowing the construction or operation of a facility for the burning of hazardous waste, granted before January 1, 1990.
(B) The facility capacity authorized in the facility’s original hazardous waste facilities permit, grant of interim status, or any state or local agency permit allowing the construction or operation of a facility for the burning of hazardous waste, granted on or after January 1, 1990.
(e) (1) For a project that is subject to Section 21099.52, the lead agency shall give notice to all organizations and individuals who have previously requested notice and shall also give notice by at least the procedures specified in subparagraphs (A), (B), and (C) of paragraph (3) of subdivision (b). In addition, the lead agency shall give notice by direct mailing to the owners and occupants of property within one-half mile of any parcel or parcels on which is located a project subject to this subdivision and to all schools located within one mile of any parcel or parcels on which is located a project subject to this subdivision. In addition to English, the notice provided pursuant to this subdivision shall be provided in all threshold languages, as defined in Section 21099.50.
(2) This subdivision does not apply to a project that has a notice of preparation, or a notice of negative declaration or mitigated negative declaration, filed before July 1, 2019, or to the evaluation of any changes or new information about that project pursuant to Section 21166.
(3) This subdivision shall not be construed in a manner that results in the invalidation of an action due to the lead agency’s alleged inadequacy in meeting the notice requirements of this subdivision if the lead agency has substantially complied with the notice requirement of this section.
(f) The notice requirements specified in subdivision (b) or (c) shall not preclude a public agency from providing additional notice by other means if the agency so desires, or from providing the public notice required by this section at the same time and in the same manner as public notice otherwise required by law for the project.

SEC. 5.

 Chapter 2.8 (commencing with Section 21099.50) is added to Division 13 of the Public Resources Code, to read:
CHAPTER  2.8. Vulnerable Communities Inclusion Act

21099.50.
 For purposes of this chapter, the following definitions apply:
(a) “Disadvantaged community” means a community identified as a disadvantaged community pursuant to Section 39711 of the Health and Safety Code.
(b) (1) Where the lead agency is a local agency, “industrial or equivalent land use” means a land use that is identified as, or falls within the definition of, an industrial or equivalent land use in the city or county ordinance of the local jurisdiction in which the land use is proposed, as that ordinance read on August 1, 2018.
(2) Where the lead agency is a state agency, “industrial or equivalent land use” means a land use for which the primary purpose is manufacturing.
(3) “Industrial or equivalent land use” does not include any of the following:
(A) A project undertaken by a public water supplier or public agency for the conveyance, production, storage, impoundment, or treatment of safe and reliable water, such as recycled water, wastewater, and stormwater, to serve a disadvantaged community.
(B) A project undertaken by a public agency for the provision of safe and reliable energy or sanitary sewer service to a disadvantaged community.
(C) A residential or mixed-use residential land use.
(c) “Threshold language” means a language for the geographical area in which a project is located as identified by the Department of Health Care Services in its most recent determination required pursuant to subdivision (b) of Section 14029.91 of the Welfare and Institutions Code.

21099.51.
 (a) No later than June 30, 2019, the Office of Environmental Health Hazard Assessment shall publish a map that does both of the following:
(1) Identifies disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code.
(2) Identifies areas within one-half mile radius of a disadvantaged community.
(b) The Office of Environmental Health Hazard Assessment shall update the map required pursuant to subdivision (a) concurrently with any revisions to the identification of disadvantaged communities required pursuant to Section 39711 of the Health and Safety Code.

21099.52.
 (a) A lead agency shall call at least one scoping meeting for a project that will be analyzed in a negative declaration, mitigated negative declaration, or an environmental impact report and that involves either of the following:
(1) The siting, expansion, or intensification of an industrial or equivalent land use or the construction of a structure designed or intended for an industrial or equivalent land use within a disadvantaged community or within one-half mile of a disadvantaged community, as determined by reference to the map published pursuant to Section 21099.51.
(2) The adoption of municipal regulations, zoning, or land use designations that authorize an industrial or equivalent land use within a disadvantaged community or within one-half mile of a disadvantaged community, as determined by reference to the map published pursuant to Section 21099.51.
(b) (1) The lead agency shall mail or deliver notice of the scoping meeting to all of the following:
(A) Entities specified in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 21083.9.
(B) All owners and occupants of properties located within one-half mile of the project site.
(C) All schools located within one mile of the project site.
(2) The notice shall include all of the following:
(A) A brief description of the proposed project and its location.
(B) The date, time, and location of the scoping meeting for the project.
(C) A brief description of the purpose of the scoping meeting.
(D) A description of how additional information or materials relating to the project may be obtained.
(E) A description of any other opportunities for the public to provide written and oral comments on the project and how written and oral comments may be provided to the lead agency.
(3) In addition to English, the notice provided pursuant to subparagraph (B) or (C) of paragraph (1) shall be provided in all threshold languages.
(c) (1) (A) The lead agency shall conduct a scoping meeting at a location within one mile of the project site.
(B)  If, after making a good faith effort, the lead agency is unable to secure a location for the scoping meeting within one mile of the project site, the lead agency may hold the meeting at another location that meets both of the following requirements:
(i) The meeting location is readily accessible to residents of disadvantaged communities located within one-half mile of the project site.
(ii) The meeting location is located within one-half mile of a transit stop if feasible.
(2) If the scoping meeting is held on a weekday, the scoping meeting shall be held between the hours of 5 p.m. and 8 p.m.
(d) At the scoping meeting, the lead agency shall do both of the following:
(1) Provide a description of the project and any information known about the project’s potential environmental impacts.
(2) Take public comments regarding potential environmental impacts of the project, including any social and economic impacts related to a direct or indirect physical change caused by the project, project alternatives, and mitigation measures that would avoid or reduce any potentially significant environmental impacts.
(e) The lead agency shall make an audio or audio-visual recording of the scoping meeting. Oral and written comments obtained at the scoping meeting conducted pursuant to this section shall be deemed a part of the record of proceedings and shall be considered by the lead agency prior to the approval of the project.
(f) This section shall not be construed in a manner that results in the invalidation of an action due to the lead agency’s alleged inadequacy in meeting the notice requirements of this section if the lead agency has substantially complied with the notice requirements of this section.

21099.53.
 The lead agency may consolidate the notices and meetings required pursuant to Section 21099.52 with other appropriate notices and meetings that are required pursuant to this division.

21099.54.
 This chapter does not apply to a project that has a notice of preparation, or a notice of negative declaration or mitigated negative declaration, filed before July 1, 2019, or the evaluation of any changes or new information about that project pursuant to Section 21166.

SEC. 6.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.