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Environmental
Justice Element
Introduction
Over 9 million Californians are exposed to and at risk from high pollution, according to the Office of Environmental Health
Hazard Assessment’s Cal Enviroscreen tool.
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In addition to examining environmental hazards, Cal Enviroscreen and other tools
look at assets that help protect communities from poor health. Legislation adopted in 2016,
Senate Bill 1000,
now requires both
cities and counties that have disadvantaged communities to incorporate environmental justice (EJ) policies into their general
plans, either in a separate EJ element or by integrating related goals,
policies, and objectives throughout the other elements.
This update, or revision if the local government already has EJ goals, policies, and objectives, must happen “upon the adoption
or next revision of two or more elements concurrently on or after January 1, 2018.”
Government Code Section 65302(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
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Equity and environmental justice may mean different things in different communities. Equity can serve as a larger framework
and is closely related to EJ. See the
Equitable and Resilient Community Chapter
for an expanded discussion. Similarly, local
governments may address those issues in different ways in their general plans. A stand-alone EJ element may make it easier
for the public and decision-makers to see EJ policies in one place. Alternately, an integrated approach
puts EJ policies into the
elements that address them; for example, including siting of industries in the
land use element
could make implementation
more actionable. Regardless of approach, the EJ policies must meet internal consistency rules set forth in
Government Code
section 65300.5
. Ultimately, the best format will depend on the local context,
community interest, and practicality of updating
future general plans, and should complement the current update and vision. Whether incorporated into a separate element or
addressed throughout the document, explicitly considering siting compatibility,
community engagement
, location of polluting
facilities, and access to important amenities are all ways to move towards more equitable and healthy communities.
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 Development’s list of state income limits adopted pursuant to Section 50093.
Jurupa Valley
Jurupa Valley adopted a separate Environmental Justice Element in November 2014.
A city with almost 100,000 community members and a history of high pollution burden, they created an element to address:
• Community Engagement
•
Mobility and Active Living
•
Air
Pollution
•
Affordable
Housing
The EJ movement existed for several decades at a grass root, city, county, state, and federal level before gaining institutional
support by President Clinton’s
Executive Order 12898, “Federal Actions to Address Environmental Justice in Minority Populations
and Low-Income Populations”
in 1994.
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Environmental Justice as defined by
Government Code section 65040.12(e)
“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.”