Transcript LAFCO: Furthering environmental justice

LAFCO: Furthering environmental
justice
CALAFCO 2011 Annual Conference
August 31 – September 2, 2011
Silverado Resort/Napa
In the beginning…
• The Legislature created LAFCOs to address issues of urban
sprawl and unfettered incorporations (and threatened
agricultural lands and open space).
• It later clarified its intent outlining the following basic
policies in the Cortese-Knox Act:
– Encouraging the orderly formation and development of local
agencies
– Discouraging urban sprawl
– Preserving open space and prime agricultural lands
– Efficiently providing for government services
Objectives Today
• To Encourage the Orderly Formation of Local
Governmental Agencies
• To Preserve Agricultural Land Resources
• To Discourage Urban Sprawl
LAFCOs mission evolves…
• To promote orderly development while balancing that
development with sometimes competing state interests
of discouraging urban sprawl, preserving open space
and prime agricultural land, and efficiently extending
government services.
• The Legislature also recognized that providing housing
for persons and families of all incomes is an important
factor in promoting orderly development.
Tools
• Regulate the boundary changes proposed by other public
agencies or individuals
• Determine spheres of influence for local governmental
agencies
• Provide a comprehensive study designed to better inform all
involved about the provision of municipal services (MSRs)
• Initiate proposals that include the dissolution or
consolidation of special districts or merging of existing
districts
• Approve contracts to provide services outside of agency
boundaries
• Act in accordance with locally adopted policies
Enter Environmental Justice…
• In August 2003, OPR published MSR Guidelines, specifically
addressing EJ in Chapter 8.
• In the Guidelines, OPR recognized:
– As the primary agency with responsibility for approving changes in
boundaries, LAFCOs play an important role in ensuring that proposed changes
are consistent with EJ obligations.
– In order for civil rights and EJ to be properly considered, OPR recommends
that relevant information be collected at the municipal review stage and
considered when developing determinations.
– EJ has particular implications for MSRs, as the determinations relate to the
provision of municipal services to whole communities including those that
may have been historically underserved and/or environmentally
overburdened.
– MSRs can play a key role in identifying geographic inequities.
– Preventing and reversing historical problems of procedural and geographic
inequity requires accurate information in order to develop policies and
prioritize implementation measures.
OPR recommendations
• LAFCOs consider implementing their own EJ program in
order to further their responsibilities under Cortese-KnoxHertzberg.
• LAFCOs use data obtained in the MSR process for:
– improving community participation
– indentifying low-income/minority neighborhoods under-served
by public facilities and services that enhance quality of life
– considering the equitable distribution of public facilities and
services
– considering infrastructure and housing needs
– indentifying low-income/minority neighborhoods where facilities
and uses that pose a significant hazard to human health and
safety may be over-concentrated
– Screening of issues for potential EJ implications
SB 162
• Enacted in 2007, taking effect January 1, 2008.
• Adds the extent to which a boundary change will
promote EJ to the list of factors that LAFCOs must
consider before acting on proposed boundary changes
for cities and special districts.
• Also requires LAFCOs consider the comments of
affected voters and residents.
How does EJ fit with
LAFCO’s mission today?
In the wake of SB 162…
SB 162 didn’t provide much guidance to
LAFCOs about how to implement the new law.
CALAFCO Suggestions for Compliance
with SB 162
• Application Review (to assist staff in compiling
necessary facts and info)
• Project Specific Considerations (issues staff might
consider when drafting a report and making
recommendations)
• Best Practices (overall strategies LAFCO might consider
adopting in order to promote accessibility to all
segments of the community)
• Promotion of Public Participation
LAFCO EJ policies
• Riverside LAFCO’s Policy 2.3.8.
• Tulare LAFCO’s Policy C-5
• Santa Barbara SOI Policy
Conclusion
LAFCOs can and should use their
authority to further EJ!