AMENDED IN ASSEMBLY JUNE 20, 2022
AMENDED IN SENATE MAY 4, 2022
AMENDED IN SENATE MARCH 23, 2022
SENATE BILL No. 932
Introduced by Senator Portantino
February 7, 2022
An act to amend Sections 65300.5 and 65302 of the Go vernment Code, relating to land use.
legislative counsel’s digest
SB 932, as amended, Portantino. General plans: circulation element:
bicycle and pedestrian plans and traffic calming plans.
Existing law states the Le gislature’s intention that a county or city general plan and the elements and parts of that general plan comprise an integrated, internally consistent and compatible statement of policies for the adopting agency.
This bill would emphasize the intent of the Legislature to fight climate change with these provisions.
Existing law, the Planning and Zoning La w, requires the legislative body of a city or county to adopt a comprehensi ve general plan that includes various elements, including a circulation element. Existing law requires the circulation element to consist of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities. Existing law requires the legislative body, upon any substanti ve re vision of the circulation element, to modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways
96 for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban conte xt of the general plan. Existing la w defines “users of streets, roads, and highw ays” to mean bic yclists, children, persons with disabilities, motorists, mo vers of commercial goods, pedestrians, users of public transportation, and seniors.
This bill w ould require the le gislative body , upon the ne xt any substantive revision of the circulation element, on or before June 30, 2024, after J anuary 1, 2025, to de velop or update the plan for a balanced, multimodal transportation network, as specified, and to ensure that the plan includes bicycle and pedestrian plans and traffic calming plans for any urbanized area, as defined, within the scope of the county or city general plan. By adding to the duties of county and city officials in the administration of their land use planning duties, this bill w ould impose a state-mandated local program.
This bill would require a county or city to be gin implementation of the plan within 2 years of the date of adoption of the plan. The bill would allow a county or city to have 20 25 years to implement the plan.
This bill w ould increase the 20-year 25-year implementation period based on whether the measures introduced by a county or city work to reduce its percentage of traffic violence within a specified period of time. The bill w ould allow a county or city that f ails to comply with the implementation provisions due to unforeseen circumstances to be exempt from the provisions upon a written finding, as specified.
Commencing January 1, 2024, 2025, this bill would allow a person injured within the right-of-way right-of-way, in specified ar eas, in a collision with a motor v ehicle to have a cause of action for f ailure to comply with these provisions against specified counties. The bill would make this cause of action inoperative after January 1, 2028.
This bill would state the intent of the Legislature to create an annual grant program, relating to the abo ve provisions, to a ward funding to any county or city upon a showing of its implementation of timely and effective short-term ef forts to mitig ate bicycle, pedestrian, and other human-powered transportation micromobility device, as defined, injuries and fatalities, as provided. The bill would define various terms for its purposes.
The California Constitution requires the state to reimb urse 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.
96 — 2 — SB 932
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65300.5 of the Government Code is line 2 amended to read:
line 3 65300.5. (a) In construing the pro visions of this article, the line 4 Legislature intends that the general plan and elements and parts line 5 thereof comprise an integrated, internally consistent and compatible line 6 statement of policies for the adopting agency.
line 7 (b) The Legislature intends that the pro visions of this article, line 8 as stated in paragraph (4) of subdi vision (g) of Section 65302, line 9 support and encourage communities in reaching the state’ s line 10 environmental and climate objecti ves. Climate change causes line 11 catastrophic threats to lives, property, and resources in California, line 12 and continues to af fect all parts of the Californian economy and line 13 environment. This provision is intended to encourage measures line 14 that enable communities to adapt to the impacts of climate change line 15 including, b ut not limited to, higher a verage temperatures, line 16 decreased air and w ater quality , the spread of infectious and line 17 vectorborne diseases, other public health impacts, extreme weather line 18 events, sea level rise, flooding, heat waves, wildfires, drought, and line 19 community planning and zoning development. and drought. line 20 SEC. 2. Section 65302 of the Government Code is amended line 21 to read:
line 22 65302. The general plan shall consist of a statement of line 23 development policies and shall include a diagram or diagrams and line 24 text setting forth objecti ves, principles, standards, and plan line 25 proposals. The plan shall include the following elements:
line 26 (a) A land use element that designates the proposed general line 27 distribution and general location and extent of the uses of the land line 28 for housing, business, industry, open space, including agriculture, line 29 natural resources, recreation, and enjo yment of scenic beauty , line 30 education, public b uildings and grounds, solid and liquid w aste line 31 disposal facilities, greenways, as defined in Section 816.52 of the line 32 Civil Code, and other categories of public and private uses of land. line 33 The location and designation of the extent of the uses of the land line 34 for public and private uses shall consider the identification of land line 35 and natural resources pursuant to paragraph (3) of subdivision (d). 96 SB 932 — 3 —
line 1 The land use element shall include a statement of the standards of line 2 population density and b uilding intensity recommended for the line 3 various districts and other territory covered by the plan. The land line 4 use element shall identify and annually review those areas covered line 5 by the plan that are subject to flooding identified by flood plain line 6 mapping prepared by the Federal Emergency Management Agency line 7 (FEMA) or the Department of Water Resources. The land use line 8 element shall also do both of the following:
line 9 (1) Designate in a land use cate gory that pro vides for timber line 10 production those parcels of real property zoned for timberland line 11 production pursuant to the California Timberland Productivity Act line 12 of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 line 13 of Division 1 of Title 5).
line 14 (2) Consider the impact of ne w growth on military readiness line 15 activities carried out on military bases, installations, and operating line 16 and training areas, when proposing zoning ordinances or line 17 designating land uses covered by the general plan for land, or other line 18 territory adjacent to military f acilities, or underlying designated line 19 military aviation routes and airspace.
line 20 (A) In determining the impact of ne w gro wth on military line 21 readiness acti vities, information pro vided by military f acilities line 22 shall be considered. Cities and counties shall address military line 23 impacts based on information from the military and other sources. line 24 (B) The following definitions govern this paragraph:
line 25 (i) “Military readiness activities” mean all of the following:
line 26 (I) Training, support, and operations that prepare the members line 27 of the military for combat.
line 28 (II) Operation, maintenance, and security of an y military line 29 installation.
line 30 (III) Testing of military equipment, v ehicles, weapons, and line 31 sensors for proper operation or suitability for combat use. line 32 (ii) “Military installation” means a base, camp, post, station, line 33 yard, center, homeport facility for any ship, or other activity under line 34 the jurisdiction of the United States Department of Defense as line 35 defined in paragraph (1) of subsection (e) of Section 2687 of Title line 36 10 of the United States Code.
line 37 (b) (1) A circulation element consisting of the general location line 38 and e xtent of e xisting and proposed major thoroughf ares, line 39 transportation routes, terminals, an y military airports and ports, 96 — 4 — SB 932
line 1 and other local public utilities and facilities, all correlated with the line 2 land use element of the plan.
line 3 (2) (A) Commencing January 1, 2011, upon an y substantive line 4 revision of the circulation element, the le gislative body shall line 5 modify the circulation element to plan for a balanced, multimodal line 6 transportation network that meets the needs of all users of streets, line 7 roads, and highw ays for safe and con venient travel in a manner line 8 that is suitable to the rural, sub urban, or urban conte xt of the line 9 general plan.
line 10 (B) Upon the ne xt any substantive revision of the circulation line 11 element on or after June 30, 2024, January 1, 2025, the legislative line 12 body shall develop or update the plan for a balanced, multimodal line 13 transportation network required by subparagraph (A), and shall line 14 ensure the plan includes the following for any urbanized area, as line 15 defined in Section 21071 of the Public Resources Code, area within line 16 the scope of the general plan:
line 17 (i) The development of and implementation of bic ycle plans, line 18 pedestrian plans, and traffic calming plans for which line 19 implementation shall commence no later than two years from the line 20 date the circulation element is modified. The modified circulation line 21 element The bicycle plans, pedestrian plans, and tr affic calming line 22 plans shall address all of the following:
line 23 (I) Use evidence-based strategies intended to eliminate traffic line 24 fatalities, with an emphasis on fatalities of bicyclists, pedestrians, line 25 and users of any other form of human-powered transportation. line 26 (II)
line 27 (I) Identify safety corridors and an y land or f acility that line 28 generates high concentrations of bicyclists or pedestrians, as those line 29 terms are defined in Section 22358.7 of the Vehicle Code, and line 30 include safety measures specific to those areas. pedestrians. line 31 (II) Use evidence-based strategies to develop safety measures line 32 specific to those ar eas that ar e intended to eliminate tr affic line 33 fatalities, with an emphasis on fatalities of bicyclists, pedestrians, line 34 and users of any other form of micr omobility device in the areas line 35 identified in subclause (I).
line 36 (III) Establish traffic calming measures around schools and line 37 parks, and within business activity districts, as defined in Section line 38 22358.9 of the Vehicle Code. districts.
96 SB 932 — 5 —
line 1 (ii) (I) A county or city shall be gin implementation of the line 2 modified circulation element plan within two years of the date of line 3 adoption of the plan.
line 4 (II) A county or city shall complete implementation of the plan line 5 for a multimodal transportation netw ork, including all bic ycle line 6 plans, pedestrian plans, and traffic calming plans iterated in the line 7 modified circulation element, and the construction of any related line 8 infrastructure, within 20 25 years of the date of adoption of the line 9 modified circulation element.
line 10 (III) A county or city shall ha ve an additional 10 years to line 11 complete implementation if the circulation element contains line 12 measures that decrease traffic fatalities by at least 20 percent within line 13 the first 5 years of its implementation period, and the county or line 14 city implements those measures within those 5 years. line 15 (IV) A county or city shall not be required to comply with the line 16 requirements of this clause upon making a written finding based line 17 on substantial e vidence that its f ailure to comply with the line 18 requirements of this clause are the result of unforeseen line 19 circumstances outside of the control of the county or city. line 20 (iii) (I) Beginning January 1, 2024, 2025, failure by a county line 21 or city to comply with the requirements of this subparagraph shall line 22 create a cause of action for bic yclists, pedestrians, and users of line 23 any other form of human-powered transportation micromobility line 24 device injured within the right-of-w ay in the ar eas identified in line 25 subclause (I) of clause (i) in a collision with a motor v ehicle in line 26 high injury areas in the Counties of Alameda, Contra Costa, Los line 27 Angeles, Orange, Ri verside, Sacramento, San Bernardino, San line 28 Diego, San Francisco, and Santa Clara. For the purposes of this line 29 subdivision, “high injury areas” means:
line 30 (ia) The 10 locations within a county or city that ha ve the line 31 highest rate of incidents of injuries to bicyclists, pedestrians, and line 32 users of any other form of human-powered transportation. line 33 (ib) If less than 10 locations, the locations within a county or line 34 city that, when combined, account for 50.1 percent or more of all line 35 incidents of injuries to bic yclists, pedestrians, and users of an y line 36 other form of human-powered transportation.
line 37 (II) This clause shall become inoperative on January 1, 2028. line 38 (iv) For the purposes of this subpar agraph, the following line 39 definitions shall apply:
96 — 6 — SB 932
line 1 (I) “Business activity district” has the same meaning as defined line 2 in Section 22358.9 of the Vehicle Code.
line 3 (II) “Land facilities that g enerate high concentr ations of line 4 bicyclists or pedestrians” has the same meaning as described in line 5 Section 22358.7 of the Vehicle Code.
line 6 (III) “Micromobility device” means a bicycle, electric bicycle, line 7 or motorized scooter as those terms are defined and described in line 8 Division 1 (commencing with Section 100) of the Vehicle Code. line 9 (IV) “Safety corridor” has the same meaning as defined in line 10 Section 22358.7 of the Vehicle Code.
line 11 (V) “Urbanized ar ea” has the same meaning as defined in line 12 Section 21071 of the Public Resources Code.
line 13 (C) For purposes of this paragraph, “users of streets, roads, and line 14 highways” mean bic yclists, children, persons with disabilities, line 15 motorists, movers of commercial goods, pedestrians, users of public line 16 transportation, and seniors.
line 17 (c) A housing element as provided in Article 10.6 (commencing line 18 with Section 65580).
line 19 (d) (1) A conserv ation element for the conserv ation, line 20 development, and utilization of natural resources, including water line 21 and its h ydraulic force, forests, soils, ri vers and other w aters, line 22 harbors, fisheries, wildlife, minerals, and other natural resources. line 23 The conservation element shall consider the effect of development line 24 within the jurisdiction, as described in the land use element, on line 25 natural resources located on public lands, including military line 26 installations. That portion of the conserv ation element including line 27 waters shall be de veloped in coordination with an y countywide line 28 water agenc y and with all district and city agencies, including line 29 flood management, water conservation, or groundwater agencies line 30 that have developed, served, controlled, managed, or conserv ed line 31 water of any type for any purpose in the county or city for which line 32 the plan is prepared. Coordination shall include the discussion and line 33 evaluation of any water supply and demand information described line 34 in Section 65352.5, if that information has been submitted by the line 35 water agency to the city or county.
line 36 (2) The conserv ation element may also co ver all of the line 37 following:
line 38 (A) The reclamation of land and waters.
line 39 (B) Prevention and control of the pollution of streams and other line 40 waters.
96 SB 932 — 7 —
line 1 (C) Regulation of the use of land in stream channels and other line 2 areas required for the accomplishment of the conservation plan. line 3 (D) Prevention, control, and correction of the erosion of soils, line 4 beaches, and shores.
line 5 (E) Protection of watersheds.
line 6 (F) The location, quantity , and quality of the rock, sand, and line 7 gravel resources.
line 8 (3) Upon the next revision of the housing element on or after line 9 January 1, 2009, the conserv ation element shall identify ri vers, line 10 creeks, streams, flood corridors, riparian habitats, and land that line 11 may accommodate floodw ater for purposes of groundw ater line 12 recharge and stormwater management.
line 13 (e) An open-space element as pro vided in Article 10.5 line 14 (commencing with Section 65560).
line 15 (f) (1) A noise element that shall identify and appraise noise line 16 problems in the community. The noise element shall analyze and line 17 quantify, to the extent practicable, as determined by the legislative line 18 body, current and projected noise le vels for all of the follo wing line 19 sources:
line 20 (A) Highways and freeways.
line 21 (B) Primary arterials and major local streets. line 22 (C) Passenger and freight online railroad operations and ground line 23 rapid transit systems.
line 24 (D) Commercial, general aviation, heliport, helistop, and military line 25 airport operations, aircraft overflights, jet engine test stands, and line 26 all other ground f acilities and maintenance functions related to line 27 airport operation.
line 28 (E) Local industrial plants, including, but not limited to, railroad line 29 classification yards.
line 30 (F) Other ground stationary noise sources, including, b ut not line 31 limited to, military installations, identified by local agencies as line 32 contributing to the community noise environment. line 33 (2) Noise contours shall be shown for all of these sources and line 34 stated in terms of community noise equi valent level (CNEL) or line 35 day-night average sound level (Ldn). The noise contours shall be line 36 prepared on the basis of noise monitoring or follo wing generally line 37 accepted noise modeling techniques for the v arious sources line 38 identified in subparagraphs (A) to (F) of paragraph (1), inclusive. 96 — 8 — SB 932
line 1 (3) The noise contours shall be used as a guide for establishing line 2 a pattern of land uses in the land use element that minimizes the line 3 exposure of community residents to excessive noise. line 4 (4) The noise element shall include implementation measures line 5 and possible solutions that address existing and foreseeable noise line 6 problems, if an y. The adopted noise element shall serv e as a line 7 guideline for compliance with the state’s noise insulation standards. line 8 (g) (1) A safety element for the protection of the community line 9 from an y unreasonable risks associated with the ef fects of line 10 seismically induced surf ace rupture, ground shaking, ground line 11 failure, tsunami, seiche, and dam failure; slope instability leading line 12 to mudslides and landslides; subsidence; liquef action; and other line 13 seismic hazards identified pursuant to Chapter 7.8 (commencing line 14 with Section 2690) of Di vision 2 of the Public Resources Code, line 15 and other geologic hazards known to the legislative body; flooding; line 16 and wildland and urban fires. The safety element shall include line 17 mapping of kno wn seismic and other geologic hazards. It shall line 18 also address e vacuation routes, military installations, peakload line 19 water supply requirements, and minimum road widths and line 20 clearances around structures, as those items relate to identified fire line 21 and geologic hazards.
line 22 (2) The safety element, upon the ne xt revision of the housing line 23 element on or after January 1, 2009, shall also do the following:
line 24 (A) Identify information re garding flood hazards, including, line 25 but not limited to, the following:
line 26 (i) Flood hazard zones. As used in this subdi vision, “flood line 27 hazard zone” means an area subject to flooding that is delineated line 28 as either a special hazard area or an area of moderate or minimal line 29 hazard on an official flood insurance rate map issued by FEMA. line 30 The identification of a flood hazard zone does not imply that areas line 31 outside the flood hazard zones or uses permitted within flood line 32 hazard zones will be free from flooding or flood damage. line 33 (ii) National Flood Insurance Program maps published by line 34 FEMA.
line 35 (iii) Information about flood hazards that is available from the line 36 United States Army Corps of Engineers.
line 37 (iv) Designated floodw ay maps that are a vailable from the line 38 Central Valley Flood Protection Board.
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line 1 (v) Dam failure inundation maps prepared pursuant to Section line 2 6161 of the Water Code that are available from the Department of line 3 Water Resources.
line 4 (vi) Awareness Floodplain Mapping Program maps and 200-year line 5 flood plain maps that are or may be a vailable from, or accepted line 6 by, the Department of Water Resources.
line 7 (vii) Maps of levee protection zones.
line 8 (viii) Areas subject to inundation in the e vent of the failure of line 9 project or nonproject levees or floodwalls.
line 10 (ix) Historical data on flooding, including locally prepared maps line 11 of areas that are subject to flooding, areas that are vulnerable to line 12 flooding after wildfires, and sites that ha ve been repeatedly line 13 damaged by flooding.
line 14 (x) Existing and planned de velopment in flood hazard zones, line 15 including structures, roads, utilities, and essential public facilities. line 16 (xi) Local, state, and federal agencies with responsibility for line 17 flood protection, including special districts and local offices of line 18 emergency services.
line 19 (B) Establish a set of comprehensi ve goals, policies, and line 20 objectives based on the information identified pursuant to line 21 subparagraph (A), for the protection of the community from the line 22 unreasonable risks of flooding, including, but not limited to:
line 23 (i) Avoiding or minimizing the risks of flooding to ne w line 24 development.
line 25 (ii) Evaluating whether new development should be located in line 26 flood hazard zones, and identifying construction methods or other line 27 methods to minimize damage if ne w development is located in line 28 flood hazard zones.
line 29 (iii) Maintaining the structural and operational inte grity of line 30 essential public facilities during flooding.
line 31 (iv) Locating, when feasible, ne w essential public f acilities line 32 outside of flood hazard zones, including hospitals and health care line 33 facilities, emergency shelters, fire stations, emergency command line 34 centers, and emergency communications facilities or identifying line 35 construction methods or other methods to minimize damage if line 36 these facilities are located in flood hazard zones. line 37 (v) Establishing cooperative working relationships among public line 38 agencies with responsibility for flood protection. 96 — 10 — SB 932
line 1 (C) Establish a set of feasible implementation measures designed line 2 to carry out the goals, policies, and objectives established pursuant line 3 to subparagraph (B).
line 4 (3) Upon the next revision of the housing element on or after line 5 January 1, 2014, the safety element shall be reviewed and updated line 6 as necessary to address the risk of fire for land classified as state line 7 responsibility areas, as defined in Section 4102 of the Public line 8 Resources Code, and land classified as v ery high fire hazard line 9 severity zones, as defined in Section 51177. This re view shall line 10 consider the advice included in the Office of Planning and line 11 Research’s most recent publication of “Fire Hazard Planning, line 12 General Plan Technical Advice Series” and shall also include all line 13 of the following:
line 14 (A) Information regarding fire hazards, including, but not limited line 15 to, all of the following:
line 16 (i) Fire hazard severity zone maps available from the Office of line 17 the State Fire Marshal.
line 18 (ii) Any historical data on wildfires available from local agencies line 19 or a reference to where the data can be found.
line 20 (iii) Information about wildfire hazard areas that may be line 21 available from the United States Geological Survey. line 22 (iv) General location and distrib ution of existing and planned line 23 uses of land in v ery high fire hazard se verity zones and in state line 24 responsibility areas, including structures, roads, utilities, and line 25 essential public facilities. The location and distribution of planned line 26 uses of land shall not require defensible space compliance measures line 27 required by state law or local ordinance to occur on publicly owned line 28 lands or open space designations of homeowner associations. line 29 (v) Local, state, and federal agencies with responsibility for fire line 30 protection, including special districts and local offices of line 31 emergency services.
line 32 (B) A set of goals, policies, and objecti ves based on the line 33 information identified pursuant to subparagraph (A) for the line 34 protection of the community from the unreasonable risk of wildfire. line 35 (C) A set of feasible implementation measures designed to carry line 36 out the goals, policies, and objecti ves based on the information line 37 identified pursuant to subparagraph (B), including, but not limited line 38 to, all of the following:
line 39 (i) Avoiding or minimizing the wildfire hazards associated with line 40 new uses of land.
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line 1 (ii) Locating, when feasible, ne w essential public f acilities line 2 outside of high fire risk areas, including, b ut not limited to, line 3 hospitals and health care facilities, emergency shelters, emergency line 4 command centers, and emer gency communications f acilities, or line 5 identifying construction methods or other methods to minimize line 6 damage if these facilities are located in a state responsibility area line 7 or very high fire hazard severity zone.
line 8 (iii) Designing adequate infrastructure if a new development is line 9 located in a state responsibility area or in a v ery high fire hazard line 10 severity zone, including safe access for emer gency response line 11 vehicles, visible street signs, and water supplies for structural fire line 12 suppression.
line 13 (iv) Working cooperati vely with public agencies with line 14 responsibility for fire protection.
line 15 (D) If a city or county has adopted a fire safety plan or document line 16 separate from the general plan, an attachment of, or reference to, line 17 a city or county’s adopted fire safety plan or document that fulfills line 18 commensurate goals and objecti ves and contains information line 19 required pursuant to this paragraph.
line 20 (4) Upon the ne xt revision of a local hazard mitig ation plan, line 21 adopted in accordance with the federal Disaster Mitigation Act of line 22 2000 (Public Law 106-390), on or after January 1, 2017, or , if a line 23 local jurisdiction has not adopted a local hazard mitig ation plan, line 24 beginning on or before January 1, 2022, the safety element shall line 25 be reviewed and updated as necessary to address climate adaptation line 26 and resilienc y strate gies applicable to the city or county . This line 27 review shall consider advice pro vided in the Office of Planning line 28 and Research’s General Plan Guidelines and shall include all of line 29 the following:
line 30 (A) (i) A vulnerability assessment that identifies the risks that line 31 climate change poses to the local jurisdiction and the geographic line 32 areas at risk from climate change impacts, including, but not limited line 33 to, an assessment of ho w climate change may af fect the risks line 34 addressed pursuant to paragraphs (2) and (3).
line 35 (ii) Information that may be a vailable from federal, state, line 36 regional, and local agencies that will assist in de veloping the line 37 vulnerability assessment and the adaptation policies and strategies line 38 required pursuant to subparagraph (B), including, but not limited line 39 to, all of the following:
line 40 (I) Information from the internet-based Cal-Adapt tool. 96 — 12 — SB 932
line 1 (II) Information from the most recent version of the California line 2 Adaptation Planning Guide.
line 3 (III) Information from local agencies on the types of assets, line 4 resources, and populations that will be sensitive to various climate line 5 change exposures.
line 6 (IV) Information from local agencies on their current ability to line 7 deal with the impacts of climate change.
line 8 (V) Historical data on natural e vents and hazards, including line 9 locally prepared maps of areas subject to previous risk, areas that line 10 are vulnerable, and sites that have been repeatedly damaged. line 11 (VI) Existing and planned de velopment in identified at-risk line 12 areas, including structures, roads, utilities, and essential public line 13 facilities.
line 14 (VII) Federal, state, re gional, and local agencies with line 15 responsibility for the protection of public health and safety and line 16 the environment, including special districts and local offices of line 17 emergency services.
line 18 (B) A set of adaptation and resilience goals, policies, and line 19 objectives based on the information specified in subparagraph (A) line 20 for the protection of the community.
line 21 (C) A set of feasible implementation measures designed to carry line 22 out the goals, policies, and objecti ves identified pursuant to line 23 subparagraph (B), including, but not limited to, all of the following:
line 24 (i) Feasible methods to a void or minimize climate change line 25 impacts associated with new uses of land.
line 26 (ii) The location, when feasible, of new essential public facilities line 27 outside of at-risk areas, including, but not limited to, hospitals and line 28 health care f acilities, emergency shelters, emer gency command line 29 centers, and emergency communications facilities, or identifying line 30 construction methods or other methods to minimize damage if line 31 these facilities are located in at-risk areas.
line 32 (iii) The designation of adequate and feasible infrastructure line 33 located in an at-risk area.
line 34 (iv) Guidelines for working cooperatively with relevant local, line 35 regional, state, and federal agencies.
line 36 (v) The identification of natural infrastructure that may be used line 37 in adaptation projects, where feasible. Where feasible, the plan line 38 shall use existing natural features and ecosystem processes, or the line 39 restoration of natural features and ecosystem processes, when line 40 developing alternati ves for consideration. F or purposes of this 96 SB 932 — 13 —
line 1 clause, “natural infrastructure” means using natural ecological line 2 systems or processes to reduce vulnerability to climate change line 3 related hazards, or other related climate change ef fects, while line 4 increasing the long-term adapti ve capacity of coastal and inland line 5 areas by perpetuating or restoring ecosystem services. This line 6 includes, but is not limited to, the conserv ation, preservation, or line 7 sustainable management of an y form of aquatic or terrestrial line 8 vegetated open space, such as beaches, dunes, tidal marshes, reefs, line 9 seagrass, parks, rain g ardens, and urban tree canopies. It also line 10 includes systems and practices that use or mimic natural processes, line 11 such as permeable pa vements, bioswales, and other engineered line 12 systems, such as le vees that are combined with restored natural line 13 systems, to provide clean w ater, conserve ecosystem values and line 14 functions, and pro vide a wide array of benefits to people and line 15 wildlife.
line 16 (D) (i) If a city or county has adopted the local hazard line 17 mitigation plan, or other climate adaptation plan or document that line 18 fulfills commensurate goals and objecti ves and contains the line 19 information required pursuant to this paragraph, separate from the line 20 general plan, an attachment of, or reference to, the local hazard line 21 mitigation plan or other climate adaptation plan or document. line 22 (ii) Cities or counties that ha ve an adopted hazard mitig ation line 23 plan, or other climate adaptation plan or document that substantially line 24 complies with this section, or ha ve substantially equi valent line 25 provisions to this subdivision in their general plans, may use that line 26 information in the safety element to comply with this subdivision, line 27 and shall summarize and incorporate by reference into the safety line 28 element the other general plan provisions, climate adaptation plan line 29 or document, specifically showing how each requirement of this line 30 subdivision has been met.
line 31 (5) Upon the next revision of the housing element on or after line 32 January 1, 2020, the safety element shall be reviewed and updated line 33 as necessary to identify residential de velopments in an y hazard line 34 area identified in the safety element that do not ha ve at least two line 35 emergency evacuation routes.
line 36 (6) After the initial re vision of the safety element pursuant to line 37 paragraphs (2), (3), (4), and (5), the planning agency shall review line 38 and, if necessary, revise the safety element upon each revision of line 39 the housing element or local hazard mitig ation plan, but not less line 40 than once every eight years, to identify ne w information relating 96 — 14 — SB 932
line 1 to flood and fire hazards and climate adaptation and resilienc y line 2 strategies applicable to the city or county that w as not available line 3 during the previous revision of the safety element. line 4 (7) Cities and counties that ha ve flood plain management line 5 ordinances that have been approved by FEMA that substantially line 6 comply with this section, or ha ve substantially equi valent line 7 provisions to this subdivision in their general plans, may use that line 8 information in the safety element to comply with this subdivision, line 9 and shall summarize and incorporate by reference into the safety line 10 element the other general plan pro visions or the flood plain line 11 ordinance, specifically sho wing ho w each requirement of this line 12 subdivision has been met.
line 13 (8) Before the periodic re view of its general plan and before line 14 preparing or revising its safety element, each city and county shall line 15 consult the California Geological Surv ey of the Department of line 16 Conservation, the Central Valley Flood Protection Board, if the line 17 city or county is located within the boundaries of the Sacramento line 18 and San Joaquin Drainage District, as set forth in Section 8501 of line 19 the Water Code, and the Office of Emer gency Services for the line 20 purpose of including information kno wn by and a vailable to the line 21 department, the agency, and the board required by this subdivision. line 22 (9) To the extent that a county’s safety element is sufficiently line 23 detailed and contains appropriate policies and programs for line 24 adoption by a city, a city may adopt that portion of the county’ s line 25 safety element that pertains to the city’ s planning area in line 26 satisfaction of the requirement imposed by this subdivision. line 27 (h) (1) An en vironmental justice element, or related goals, line 28 policies, and objectives integrated in other elements, that identifies line 29 disadvantaged communities within the area covered by the general line 30 plan of the city, county, or city and county, if the city, county, or line 31 city and county has a disadv antaged community . The line 32 environmental justice element, or related en vironmental justice line 33 goals, policies, and objectives integrated in other elements, shall line 34 do all of the following:
line 35 (A) Identify objecti ves and policies to reduce the unique or line 36 compounded health risks in disadvantaged communities by means line 37 that include, b ut are not limited to, the reduction of pollution line 38 exposure, including the impro vement of air quality , and the line 39 promotion of public facilities, food access, safe and sanitary homes, line 40 and physical activity.
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line 1 (B) Identify objectives and policies to promote civic engagement line 2 in the public decisionmaking process.
line 3 (C) Identify objectives and policies that prioritize improvements line 4 and programs that address the needs of disadvantaged communities. line 5 (2) A city, county, or city and county subject to this subdivision line 6 shall adopt or re view the en vironmental justice element, or the line 7 environmental justice goals, policies, and objecti ves in other line 8 elements, upon the adoption or ne xt re vision of tw o or more line 9 elements concurrently on or after January 1, 2018. line 10 (3) By adding this subdivision, the Legislature does not intend line 11 to require a city , county, or city and county to tak e any action line 12 prohibited by the United States Constitution or the California line 13 Constitution.
line 14 (4) For purposes of this subdivision, the following terms shall line 15 apply:
line 16 (A) “Disadvantaged communities” means an area identified by line 17 the California En vironmental Protection Agency pursuant to line 18 Section 39711 of the Health and Safety Code or an area that is a line 19 low-income area that is disproportionately af fected by line 20 environmental pollution and other hazards that can lead to negative line 21 health effects, exposure, or environmental degradation. line 22 (B) “Public f acilities” includes public impro vements, public line 23 services, and community amenities, as defined in subdivision (d) line 24 of Section 66000.
line 25 (C) “Low-income area” means an area with household incomes line 26 at or belo w 80 percent of the state wide median income or with line 27 household incomes at or belo w the threshold designated as lo w line 28 income by the Department of Housing and Community line 29 Development’s list of state income limits adopted pursuant to line 30 Section 50093 of the Health and Safety Code.
line 31 SEC. 3. It is the intent of the Le gislature to create an annual line 32 grant program, and an appropriation thereof, to be awarded to any line 33 county or city for the purposes of meeting the requirements of line 34 Section 65302 of the Government Code, as amended by this act, line 35 upon a sho wing of its implementation of timely and ef fective line 36 short-term ef forts to mitig ate bic ycle, pedestrian, and other line 37 human-powered transportation injuries and fatalities. micromobility line 38 device injuries and fatalities, as that term is defined in subclause line 39 (III) of clause (iv) of subpar agraph (B) of par agraph (2) of line 40 subdivision (b). It is the intent of the Legislature that the creation 96 — 16 — SB 932
line 1 of this grant program will incentivize any county or city with few line 2 financial resources to take small, affordable steps towards fulfilling line 3 its traffic and street safety goals.
line 4 SEC. 4. No reimbursement is required by this act pursuant to line 5 Section 6 of Article XIIIB of the California Constitution because line 6 a local agency or school district has the authority to le vy service line 7 charges, fees, or assessments sufficient to pay for the program or line 8 level of service mandated by this act, within the meaning of Section line 9 17556 of the Government Code.
O
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