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AB 1553 (Keeley, Chapter 762, Statutes of 2001) requires OPR to provide guidance for local jurisdictions to incor-
porate Environmental Justice Considerations
(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.
Since 2003, the General Plan Guidelines have provided guidance on incorporation of EJ considerations for local jurisdictions.
That guidance includes
(1) Methods for equitable distribution of new public facilities and services;
(2) methods to consider siting of polluting facilities that seek to minimize over concentration of health and safety hazards;
(3) methods for siting new schools and residential dwellings to avoid proximity to industrial areas; and
(4) methods for promoting livable communities to maximize transit-oriented development so residents
minimize traffic and air
pollution impacts. That guidance is updated in this chapter as well as other relevant portions of the general plan guidelines.
The guidance contained in this section addresses specific EJ goals, policies, and objectives for disadvantaged communities and
information to be addressed as required by
SB 1000
. The statute highlights several requirements while acknowledging that these
requirements are a starting point, and by no means exhaustive. Local jurisdictions are encouraged to more broadly address EJ,
health, and equity in their communities. Additional considerations are expanded upon in both the
Healthy
Communities
and
Equitable and Resilient Communities
Chapters.
The EJ goals, policies, and objectives will reflect each required statutory requirement. For instance, reduction of pollution
exposure will be directly linked to
circulation
and
land use
policies.
Conservation
and
open space
policies are important
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C O R R E L A T I O N S A M O N G E L E M E N T S
n
Identified in statute
n
Closely related
to statutory requirements
Land Use
Circulation
Housing
Conservation
Open Space
Noise
Safety
Environmental
Justice
n
n
n
n
n
n
n
Definitions of Disadvantaged and low-income community
SB 1000
requires specific general plan content “if the city, county, or city and county has a disadvantaged community” (
Gov.
Code § 65302(h)
).
2
“
‘Disadvantaged communities’
3
means an area identified by the California Environmental Protection
Agency Pursuant 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” (
Gov. Code § 65302(h)(4)(A)
).
The statute further defines “low-income area” to mean “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
”
(Gov. Code § 65302(h)((4)(C)
).
Timeline for adoption, review, and update
Several jurisdictions have already adopted EJ goals, policies, and objectives into their existing general plan through healthy
community,
social equity, or environmental justice frameworks. A quick timeline checklist is provided below to ensure
compliance with the new statute:
• A local government has already adopted all the related goals, policies, and objectives in the completeness checklist in their
existing general plan ➞ upon the next revision of two or more elements concurrently on or after January 1, 2018 ➞ Review
existing EJ goals, policies, and objectives
• A local government does not meet the completeness checklist ➞ upon the next revision of two or more elements concurrently
on or after January 1, 2018 ➞ The jurisdiction
must create EJ goals, policies, and objectives as highlighted in statute
2
Disadvantaged community is defined slightly differently by SB 1000 and SB 244. For jurisdictions with fringe or island communities, also see the
OPR guidance on SB 244
3
The Government Code uses a slightly different definition to identify “disadvantaged unincorporated communities” that must be addressed in the general plan pursuant to section 65302.10.
components to promoting physical activity. Policies in the
safety
element need to address protection of disadvantaged
communities. Policies should address the impact of increasing hazards, such as extreme heat,
flooding, and drought, on
disadvantaged communities.