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LAFCO: Furthering environmental justice

LAFCO: Furthering environmental justice. CALAFCO 2011 Annual Conference August 31 – September 2, 2011 Silverado Resort/Napa. In the beginning….

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LAFCO: Furthering environmental justice

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  1. LAFCO: Furthering environmental justice CALAFCO 2011 Annual Conference August 31 – September 2, 2011 Silverado Resort/Napa

  2. 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

  3. Objectives Today • To Encourage the Orderly Formation of Local Governmental Agencies • To Preserve Agricultural Land Resources • To Discourage Urban Sprawl

  4. 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.

  5. 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

  6. 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.

  7. OPR recommendations • LAFCOs consider implementing their own EJ program in order to further their responsibilities under Cortese-Knox-Hertzberg. • 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

  8. 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.

  9. How does EJ fit with LAFCO’s mission today?

  10. In the wake of SB 162… SB 162 didn’t provide much guidance to LAFCOs about how to implement the new law.

  11. 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

  12. LAFCO EJ policies • Riverside LAFCO’s Policy 2.3.8. • Tulare LAFCO’s Policy C-5 • Santa Barbara SOI Policy

  13. Conclusion LAFCOs can and should use their authority to further EJ!

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