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Health and Safety Code § 39711.
(a) The California Environmental Protection Agency shall identify disadvantaged communities
for investment opportunities
related to this chapter. These communities shall be identified based on geographic, socioeconomic, public health, and
environmental hazard criteria, and may include, but are not limited to, either of the following:
(1) Areas disproportionately affected by environmental pollution and other hazards that can lead to negative public
health effects, exposure, or environmental degradation.
(2) Areas with concentrations of people that are of low income,
high unemployment, low levels of homeownership,
high rent burden, sensitive populations, or low levels of educational attainment.
(b) The California Environmental Protection Agency shall hold at least one public workshop prior to the identification of
disadvantaged communities pursuant to this section.
(c) Chapter 3.5 (commencing with Section 11340) of the Part 1 of Division 3 of Title 2 of the Government Code does not apply to
the identification of disadvantaged communities pursuant to this section.
SB 1000 was passed close to the time of the publication of the General Plan Guidelines update,
when public review was already completed. Therefore, these guidelines are preliminary and do
not fully address how best to incorporate SB 1000 into a General Plan Update. OPR will work with
related state and local agencies as well local jurisdictions and partners to collect best practices
and will update this section in the future with additional guidance.
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Statutory Citation
Brief Description of Requirement
Gov. Code § 65302(h)(1)
Identify disadvantaged areas within the area covered by the general plan
Gov. Code § 65302(h)(1)(A)
Identify objectives and policies to reduce exposure to pollution- including improving air quality in disadvantaged
communities
Gov. Code § 65302 (h)(1)(A)
Identify objectives and policies to promote public facilities in disadvantaged communities
Gov. Code § 65302(h)(1)(A)
Identify objectives and policies to promote food access in disadvantaged communities
Gov. Code § 65302(h)(1)(A)
Identify objectives and policies to promote safe and sanitary homes in disadvantaged communities
Gov. Code § 65302(h)(1)(A)
Identify objectives and policies to promote physical activity in disadvantaged communities
Gov. Code § 65302(h)(1)(A)
Identify objectives and policies to reduce any unique or compounded health risks in disadvantaged communities
not
otherwise addressed above
Gov. Code § 65302(h)(1)(B)
Identify objectives and policies to promote civil engagement in the public decision making process in
disadvantaged communities
Gov. Code § 65302(f)(4)
Identify objectives and policies that prioritize improvements and programs that address the needs of
disadvantaged communities
Completeness Checklist
Required Contents
Government Code section
65302(h)
describes the required content of an Environmental Justice element. Specifically, the
environmental justice element must:
• Identify objectives and policies to reduce the unique or compounded health risks in disadvantaged communities by means
that include but are not limited to:
» Reducing
pollution exposure, including improving
air
quality
» Promoting public facilities
» Promoting food access
» Promoting safe and sanitary homes
» Promoting physical activity
• Identify objectives and policies to promote civil engagement in the public decision making process
• Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged
communities
Each of these required components is described in more detail below.
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Description of Statutory Requirements
Reduction of Pollution
Requirement Description:
The environmental justice element must identify objectives and policies to reduce the unique or compounded health risks in
disadvantaged communities by reducing pollution exposure, including the improvement of air quality.
General Environmental Health Considerations
Exposures to various toxic substances in air, water, and soil can significantly affect health.
Noise
, when extreme, can also be
considered a health hazard. Diseases such as asthma, birth defects, cancer, heart disease,
neurologic disorders, and reproductive
disorders can be linked to toxins in the environment. In addition, certain geographic areas and communities experience a
disproportionate share of exposure to environmental toxins. As a result, the concentration and compatibility of siting pollution
sources should be considered in the context of housing, childcare, and businesses. Siting of childcare is particularly important
since children are more susceptible to exposure to toxic substances due to their developmental stage. Childcare sites are often
sited in residential or mixed-use zones. Siting in a residential
use zone is generally safer, as it avoids proximity to incompatible
uses. Occasionally, childcare sites are in commercial or industrial zones. If this occurs, extra precautions may be needed to
ensure there are not hazards. Although school siting is not controlled by the general plan, local planning agencies can provide
information to school districts and other entities involved in locating services to avoid location near higher-risk areas, such
as near businesses producing toxic substances, agricultural land where pesticides are used, or areas with poor air quality.
Additionally, providing guidance on buffer zones and limiting certain types of uses can help minimize toxic exposure.
Air quality
is also a relevant consideration for public health.
Climate change
and urban heat islands can also impact air quality
issues. Of course, while air quality varies from day to day and can be affected by many environmental factors as well as emission
sources, prevailing winds, and natural terrain, local governments can positively affect air quality through planning decisions.
An effective way to address air quality through a general plan, for example, is to set long range goals to promote mode shift and
improve accessibility for walkability and bikeability to local amenities.
Land use policies
that prioritize
long-range planning to
promote infill development and a suite of land use tools can improve air quality jurisdiction-wide. In some cases, short-term
planning needs to account for near-term exposure and various scientifically examined methods exist to mitigate risk. These
mitigation strategies are important so as not to continue to build communities that continue to create higher roadway demand
California Communities Environmental Health Screening Tool: CalEnviroscreen 3.0
This data tool developed by the Office of Environmental Health Hazard Assessment (OEHHA) on behalf of the California
Environmental Protection Agency (CalEPA) provides statewide data to help identify communities disproportionately impacted
by pollution. Updates and additional information on EJ issues and pollution sources can be found at:
https://oehha.ca.gov/
calenviroscreen/report/calenviroscreen-30