Amended IN Senate March 25, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 815Introduced by Senator Allen Senators Allen and Stern(Coauthor: Senator Stern)February 21, 2025An act relating to land use. An act to amend Section 65302 of, and to add Sections 65040.18 and 65302.11 to, the Government Code, relating to land use.LEGISLATIVE COUNSEL'S DIGESTSB 815, as amended, Allen. Planning and zoning: emergency response. Planning and zoning: very high fire risk areas.(1) The Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a housing element and a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic and seismic hazards, flooding, and wildland and urban fires. Existing law requires the housing element to be revised according to a specific schedule. Existing law requires the planning agency to review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every 8 years, to identify new information relating to flood and fire hazards and climate adaptation and resiliency strategies applicable to the city or county that was not available during the previous revision of the safety element.Existing law requires that the Office of Land Use and Climate Innovation, among other things, coordinate with appropriate entities, including state, regional, or local agencies, to establish a clearinghouse for climate adaptation information for use by state, regional, and local entities, as provided.This bill would require the safety element, upon the next revision of the housing element or the hazard mitigation plan, on or after January 1, 2026, whichever occurs first, to be reviewed and updated as necessary to include a comprehensive retrofit strategy to improve safety and reduce the risk of property loss and damage during wildfires, as specified, and would require the planning agency to submit the adopted strategy to the Office of Planning and Research for inclusion into the above-described clearinghouse. The bill would also require the planning agency to review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every 8 years, to identify new information relating to retrofit updates applicable to the city or county that was not available during the previous revision of the safety element. By increasing the duties of local officials, this bill would create a state-mandated local program. (2) Existing law requires the general plan to include a land use element that designates the proposed general distribution and general location and extent of the uses of the land for, among other purposes, housing, business, and industry. Existing law additionally requires the general plan to include a housing element and requires each local government to review and revise its housing element, as specified.This bill would require a city or county that contains residential structures in a very high fire risk area, as defined, upon each revision of the housing element on or after January 1, 2026, to amend the land use element of its general plan to contain, among other things, the locations of all very high fire risk areas within the city or county and feasible implementation measures designed to carry out specified goals, objectives, and policies relating to the protection of lives and property from unreasonable risk of wildfire. The bill would also require the city or county to complete a review of, and make findings related to, the designation of lands within the jurisdiction as very high fire hazard severity zones, upon each subsequent revision of the housing element, as provided. By increasing the duties of local officials, this bill would impose a state-mandated local program.(3) Existing law requires the Office of Land Use and Climate Innovation to implement various long-range planning and research policies and goals that are intended to, among other things, encourage the formation and proper functioning of local entities and, in connection with those responsibilities, to adopt guidelines for the preparation and content of the mandatory elements required in city and county general plans.This bill would require the Office of Land Use and Climate Innovation, on or before January 1, 2027, in collaboration with cities and counties, to identify local ordinances, policies, and best practices relating to land use planning in very high fire risk areas, as defined, wildfire risk reduction, and wildfire preparedness and publish these resources on the above-described clearinghouse, as specified.(4) The California Constitution requires the state to reimburse 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.Existing law, Planning and Zoning Law, authorizes the legislative body of any city or county to adopt ordinances, as specified, that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, and other purposes.Existing law, the California Emergency Services Act (CESA), among other things, authorizes the Governor to proclaim a state of emergency. During a state of emergency, the CESA authorizes the Governor to enter into a purchase, lease, or other arrangement with any agency of the United States for housing units to be occupied by disaster victims and to make those units available to any political subdivision for that purpose.This bill would state the intent of the Legislature to enact legislation to better align community emergency response and land use planning in areas susceptible to natural disasters to ensure public safety.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 65040.18 is added to the Government Code, to read:65040.18. (a) By January 1, 2027, the Office of Land Use and Climate Innovation, in collaboration with cities and counties, shall identify local ordinances, policies, and best practices relating to land use planning in very high fire risk areas, wildfire risk reduction, and wildfire preparedness, and shall publish these resources on the clearinghouse established pursuant to Section 71360 of the Public Resources Code. The office shall include in the clearinghouse any comprehensive retrofit strategies submitted pursuant to subparagraph (E) of paragraph (6) of subdivision (g) of Section 65302. The office shall regularly update the clearinghouse materials made available pursuant to this section.(b) For purposes of this section, very high fire risk area means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.SEC. 2. Section 65302 of the Government Code is amended to read:65302. The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:(a) A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:(1) Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5).(2) Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.(A) In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources.(B) The following definitions govern this paragraph:(i) Military readiness activities mean all of the following:(I) Training, support, and operations that prepare the members of the military for combat.(II) Operation, maintenance, and security of any military installation.(III) Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.(ii) Military installation means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined in paragraph (1) of subsection (e) of Section 2687 of Title 10 of the United States Code.(b) (1) A circulation element consisting 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, all correlated with the land use element of the plan.(2) (A) Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan.(B) Upon any substantive revision of the circulation element on or after January 1, 2025, the legislative body shall do all of the following:(i) Incorporate the principles of the Federal Highway Administrations Safe System Approach, in the circulation element by including policies that aim to eliminate fatal and serious injuries for all road users through a holistic view of the roadway system, including provisions that account for human error, recognize vulnerable road users, and promote redundant and proactive safety measures.(ii) Develop bicycle plans, pedestrian plans, and traffic calming plans based on the policies and goals in the circulation element that shall address all of the following for any urbanized area within the scope of the general plan:(I) Identify safety corridors and any land or facility that generates high concentrations of bicyclists or pedestrians.(II) Use evidence-based strategies, including strategies identified in the United States Department of Transportations Strategic Highway Safety Plan to develop safety measures specific to those areas that are intended to eliminate traffic fatalities, with an emphasis on fatalities of bicyclists, pedestrians, and users of any other form of micromobility device in the areas identified in subclause (I).(III) Set goals for initiation and completion of all actions identified in the plans within 25 years of the date of adoption of the modified circulation element based upon projected development activities within urbanized areas within the scope of the general plan and projected availability of revenues.(C) (i) A county or city shall begin implementation of the modified circulation element plan specified in subparagraph (B) within two years of the date of adoption of the plan.(ii) A county or city shall regularly review the progress towards and identify impediments to completing implementation of the plan for a multimodal transportation network, including all bicycle plans, pedestrian plans, and traffic calming plans iterated in the modified circulation element, and the construction of any related infrastructure.(iii) A county or city shall consider revising the circulation element if, following the review under clause (ii), the county or city determines it will not reach the goals of the bicycle, pedestrian, or traffic calming plans within 25 years of the date of adoption of the modified circulation element.(D) For the purposes of this paragraph, the following definitions shall apply:(i) Business activity district has the same meaning as defined in Section 22358.9 of the Vehicle Code.(ii) Land facilities that generate high concentrations of bicyclists or pedestrians has the same meaning as described in Section 22358.7 of the Vehicle Code.(iii) Micromobility device means a bicycle, electric bicycle, or motorized scooter as those terms are defined and described in Division 1 (commencing with Section 100) of the Vehicle Code.(iv) Safety corridor has the same meaning as defined in Section 22358.7 of the Vehicle Code.(v) Urbanized area has the same meaning as defined in Section 21071 of the Public Resources Code.(E) For purposes of this paragraph, users of streets, roads, and highways mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.(c) A housing element as provided in Article 10.6 (commencing with Section 65580).(d) (1) A conservation element for the conservation, development, and utilization of natural resources, including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on the movement of wildlife and habitat connectivity. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county.(2) The conservation element may also cover all of the following:(A) The reclamation of land and waters.(B) Prevention and control of the pollution of streams and other waters.(C) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.(D) Prevention, control, and correction of the erosion of soils, beaches, and shores.(E) Protection of watersheds.(F) The location, quantity, and quality of the rock, sand, and gravel resources.(3) Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management.(4) Upon the adoption or next revision of one or more elements on or after January 1, 2028, the conservation element shall be updated to:(A) Identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, as those terms are defined in Section 158 of the Streets and Highways Code.(B) Identify and analyze existing or planned wildlife passage features, as defined in Section 158 of the Streets and Highways Code, including, but not limited to, wildlife passage features included in the inventory of connectivity needs on the state highway system, as described in Section 158.1 of the Streets and Highways Code, to ensure that planned development does not undermine the effectiveness of existing and potential wildlife passage features, as defined in Section 158 of the Streets and Highways Code.(C) (i) Consider the impacts of development and the barriers caused by development to wildlife and habitat connectivity.(ii) For the purposes of this subparagraph, wildlife has the same meaning as defined in Section 89.5 of the Fish and Game Code.(D) Avoid, minimize, or mitigate impacts and barriers to wildlife movement to the extent feasible.(E) Analyze and consider opportunities to remediate existing barriers to wildlife connectivity and restore degraded habitat and open space.(5) If a city, county, or city and county has already included policies in existing plans, including its certified local coastal plan, that meet the requirements of paragraph (4), the city, county, or city and county may incorporate the plan by reference into the general plan to comply with this section.(6) In preparing to update the conservation element, the city, county, or city and county may do any of the following:(A) Consider incorporating appropriate standards, policies, and feasible implementation programs such as wildlife-friendly fencing and lighting, buffers from sensitive resources, prohibitions on invasive plants, habitat connectivity overlay zones, and compact development standards, or consider whether adoption of ordinances is necessary to feasibly implement these standards, policies, and implementation programs, and include goals to adopt any necessary ordinances.(B) Consult with the Department of Fish and Wildlife, any California Native American tribe that is on the contact list maintained by the Native American Heritage Commission and that has traditional lands located within the city, county, or city and countys jurisdiction, and any open-space district that owns lands designated for conservation within the city, county, or city and countys jurisdiction. Upon receiving a request for consultation, the department, tribe, or district may, in its sole discretion, accept or refuse to consult, based on the priority of natural resources impacted or other factors.(C) Consider relevant best available science as appropriate, including, but not limited to, peer-reviewed literature, citable publicly available datasets, publicly sourced online datasets, and information and reports from government agencies, California Native American tribes, and academic institutions.(D) Consider the most appropriately scaled scientific information on linkages, corridors, and other locations that are essential to maintain landscape connectivity, including, but not limited to, any of the following:(i) Habitat linkages and wildlife corridors, such as those identified and summarized in the Areas of Conservation Emphasis, as defined by subdivision (a) of Section 1851 of the Fish and Game Code, and in regional habitat connectivity assessments.(ii) Wildlife corridors, such as migration corridors identified by global positioning system collar studies.(iii) Wildlife movement barriers, such as connectivity areas, as defined by subdivision (a) of Section 158 of the Street and Highways Code, and barriers identified by the Department of Fish and Wildlifes Restoring Californias Wildlife Connectivity report.(iv) Other connectivity considerations, such as those outlined in the State Wildlife Action Plan, habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code, natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code, regional conservation investment strategies approved pursuant to Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code, and other relevant plans, policies, and ordinances adopted by neighboring jurisdictions.(7) In preparing to update the conservation element, the city, county, or city and county may consult with other appropriate local, state, or federal agencies, or academic institutions, as deemed appropriate by the city or county.(8) The city, county, or city and county may meet the requirements in paragraphs (4) through (6), inclusive, in a separate component or section of the general plan entitled a wildlife connectivity element.(e) An open-space element as provided in Article 10.5 (commencing with Section 65560).(f) (1) A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:(A) Highways and freeways.(B) Primary arterials and major local streets.(C) Passenger and freight online railroad operations and ground rapid transit systems.(D) Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation.(E) Local industrial plants, including, but not limited to, railroad classification yards.(F) Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.(2) Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in subparagraphs (A) to (F) of paragraph (1), inclusive.(3) The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise.(4) The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the states noise insulation standards.(g) (1) A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.(2) The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:(A) Identify information regarding flood hazards, including, but not limited to, the following:(i) Flood hazard zones. As used in this subdivision, flood hazard zone means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by FEMA. The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses permitted within flood hazard zones will be free from flooding or flood damage.(ii) National Flood Insurance Program maps published by FEMA.(iii) Information about flood hazards that is available from the United States Army Corps of Engineers.(iv) Designated floodway maps that are available from the Central Valley Flood Protection Board.(v) Dam failure inundation maps prepared pursuant to Section 6161 of the Water Code that are available from the Department of Water Resources.(vi) Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.(vii) Maps of levee protection zones.(viii) Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.(ix) Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding.(x) Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities.(xi) Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.(B) Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:(i) Avoiding or minimizing the risks of flooding to new development.(ii) Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones.(iii) Maintaining the structural and operational integrity of essential public facilities during flooding.(iv) Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.(v) Establishing cooperative working relationships among public agencies with responsibility for flood protection.(C) Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).(3) Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Researchs most recent publication of Fire Hazard Planning, General Plan Technical Advice Series and shall also include all of the following:(A) Information regarding fire hazards, including, but not limited to, all of the following:(i) Fire hazard severity zone maps available from the Office of the State Fire Marshal.(ii) Any historical data on wildfires available from local agencies or a reference to where the data can be found.(iii) Information about wildfire hazard areas that may be available from the United States Geological Survey.(iv) General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open-space designations of homeowner associations.(v) Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.(B) A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire.(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B), including, but not limited to, all of the following:(i) Avoiding or minimizing the wildfire hazards associated with new uses of land.(ii) Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.(iii) Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.(iv) Working cooperatively with public agencies with responsibility for fire protection.(D) If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or countys adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph.(4) Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Researchs General Plan Guidelines and shall include all of the following:(A) (i) A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3).(ii) Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:(I) Information from the internet-based Cal-Adapt tool.(II) Information from the most recent version of the California Adaptation Planning Guide.(III) Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.(IV) Information from local agencies on their current ability to deal with the impacts of climate change.(V) Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged.(VI) Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities.(VII) Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services.(B) A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B), including, but not limited to, all of the following:(i) Feasible methods to avoid or minimize climate change impacts associated with new uses of land.(ii) The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas.(iii) The designation of adequate and feasible infrastructure located in an at-risk area.(iv) Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.(v) The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For purposes of this clause, natural infrastructure means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.(D) (i) If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document.(ii) Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions, climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met.(5) Upon the next revision of the housing element on or after January 1, 2020, the safety element shall be reviewed and updated as necessary to identify residential developments in any hazard area identified in the safety element that do not have at least two emergency evacuation routes.(6) Upon the next revision of the housing element or the hazard mitigation plan on or after January 1, 2026, whichever occurs first, the safety element shall be reviewed and updated as necessary to include a comprehensive retrofit strategy for residential developments and infrastructure to improve safety and reduce the risk of property loss and damage during wildfires. The comprehensive retrofit strategy shall include, but not be limited to, all of the following:(A) A list of the types of retrofits needed in an area based on fire risk.(B) A process for identifying and inventorying residential structures in need of retrofit for fire hardening, and infrastructure in need of retrofit to support evacuation and emergency response in the event of a disaster. The strategy shall prioritize the identification and inventorying of residential structures in very high fire risk areas.(C) Goals and milestones for completing needed retrofit work.(D) Potential funding sources and financing strategies to pay for needed retrofits on public and private property.(E) Once adopted, the planning agency shall submit the adopted comprehensive retrofit strategy to the Office of Land Use and Climate Innovation for inclusion in the clearinghouse established pursuant to Section 71360 of the Public Resources Code.(6)(7) After the initial revision of the safety element pursuant to paragraphs (2), (3), (4), and (5), and (6), the planning agency shall review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every eight years, to identify new information relating to flood and fire hazards and hazards, climate adaptation and resiliency strategies strategies, and retrofit updates applicable to the city or county that was not available during the previous revision of the safety element.(7)(8) Cities and counties that have flood plain management ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the flood plain ordinance, specifically showing how each requirement of this subdivision has been met.(8)(9) Before the periodic review of its general plan and before preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision.(9)(10) To the extent that a countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys planning area in satisfaction of the requirement imposed by this subdivision.(11) For purposes of this subdivision, very high fire risk area means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.(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 civic 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 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 Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code.SEC. 3. Section 65302.11 is added to the Government Code, to read:65302.11. (a) Upon each revision of the housing element on or after January 1, 2026, each city or county that contains residential structures in a very high fire risk area shall amend the land use element of its general plan to contain all of the following with respect to residential lands located within a very high fire risk area:(1) (A) The goals contained in the most recent Strategic Fire Plan for California prepared by the Department of Forestry and Fire Protection.(B) The locations of all very high fire risk areas within the city or county.(C) The data and analysis described in the Office of Land Use and Climate Innovations most recent publication of Fire Hazard PlanningGeneral Plan Technical Advice Series.(D) The goals of any local hazard mitigation plan, community wildfire protection plan, and climate adaptation plan that has been adopted by the governing body of the city or county.(2) Objectives and policies, based on the goals, data, and analysis identified pursuant to paragraph (1), for the protection of lives and property from unreasonable risk of wildfire. These objectives and policies shall take into consideration, and be consistent with, the information, goals, policies, objectives, and implementation measures included in the safety element in accordance with paragraph (3) of subdivision (g) of Section 65302.(3) Feasible implementation measures designed to carry out the goals, objectives, and policies established pursuant to this subdivision.(b) After the initial amendment of the land use element pursuant to subdivision (a), the governing body of the city or county shall review, upon each subsequent revision of the housing element, but not less than once every eight years, the designation of lands within the jurisdiction as very high fire hazard severity zones pursuant to subdivision (b) of Section 51179. Upon each review, the governing body shall make written findings, based upon substantial evidence, supporting the determinations made in accordance with subdivision (b) of Section 51179.(c) For purposes of this section, very high fire risk area means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.SECTION 1.It is the intent of the Legislature to enact legislation to better align community emergency response and land use planning in areas susceptible to natural disasters to ensure public safety.
Amended IN Senate March 25, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 815Introduced by Senator Allen Senators Allen and Stern(Coauthor: Senator Stern)February 21, 2025An act relating to land use. An act to amend Section 65302 of, and to add Sections 65040.18 and 65302.11 to, the Government Code, relating to land use.LEGISLATIVE COUNSEL'S DIGESTSB 815, as amended, Allen. Planning and zoning: emergency response. Planning and zoning: very high fire risk areas.(1) The Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a housing element and a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic and seismic hazards, flooding, and wildland and urban fires. Existing law requires the housing element to be revised according to a specific schedule. Existing law requires the planning agency to review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every 8 years, to identify new information relating to flood and fire hazards and climate adaptation and resiliency strategies applicable to the city or county that was not available during the previous revision of the safety element.Existing law requires that the Office of Land Use and Climate Innovation, among other things, coordinate with appropriate entities, including state, regional, or local agencies, to establish a clearinghouse for climate adaptation information for use by state, regional, and local entities, as provided.This bill would require the safety element, upon the next revision of the housing element or the hazard mitigation plan, on or after January 1, 2026, whichever occurs first, to be reviewed and updated as necessary to include a comprehensive retrofit strategy to improve safety and reduce the risk of property loss and damage during wildfires, as specified, and would require the planning agency to submit the adopted strategy to the Office of Planning and Research for inclusion into the above-described clearinghouse. The bill would also require the planning agency to review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every 8 years, to identify new information relating to retrofit updates applicable to the city or county that was not available during the previous revision of the safety element. By increasing the duties of local officials, this bill would create a state-mandated local program. (2) Existing law requires the general plan to include a land use element that designates the proposed general distribution and general location and extent of the uses of the land for, among other purposes, housing, business, and industry. Existing law additionally requires the general plan to include a housing element and requires each local government to review and revise its housing element, as specified.This bill would require a city or county that contains residential structures in a very high fire risk area, as defined, upon each revision of the housing element on or after January 1, 2026, to amend the land use element of its general plan to contain, among other things, the locations of all very high fire risk areas within the city or county and feasible implementation measures designed to carry out specified goals, objectives, and policies relating to the protection of lives and property from unreasonable risk of wildfire. The bill would also require the city or county to complete a review of, and make findings related to, the designation of lands within the jurisdiction as very high fire hazard severity zones, upon each subsequent revision of the housing element, as provided. By increasing the duties of local officials, this bill would impose a state-mandated local program.(3) Existing law requires the Office of Land Use and Climate Innovation to implement various long-range planning and research policies and goals that are intended to, among other things, encourage the formation and proper functioning of local entities and, in connection with those responsibilities, to adopt guidelines for the preparation and content of the mandatory elements required in city and county general plans.This bill would require the Office of Land Use and Climate Innovation, on or before January 1, 2027, in collaboration with cities and counties, to identify local ordinances, policies, and best practices relating to land use planning in very high fire risk areas, as defined, wildfire risk reduction, and wildfire preparedness and publish these resources on the above-described clearinghouse, as specified.(4) The California Constitution requires the state to reimburse 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.Existing law, Planning and Zoning Law, authorizes the legislative body of any city or county to adopt ordinances, as specified, that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, and other purposes.Existing law, the California Emergency Services Act (CESA), among other things, authorizes the Governor to proclaim a state of emergency. During a state of emergency, the CESA authorizes the Governor to enter into a purchase, lease, or other arrangement with any agency of the United States for housing units to be occupied by disaster victims and to make those units available to any political subdivision for that purpose.This bill would state the intent of the Legislature to enact legislation to better align community emergency response and land use planning in areas susceptible to natural disasters to ensure public safety.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Senate March 25, 2025
Amended IN Senate March 25, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 815
Introduced by Senator Allen Senators Allen and Stern(Coauthor: Senator Stern)February 21, 2025
Introduced by Senator Allen Senators Allen and Stern(Coauthor: Senator Stern)
February 21, 2025
An act relating to land use. An act to amend Section 65302 of, and to add Sections 65040.18 and 65302.11 to, the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 815, as amended, Allen. Planning and zoning: emergency response. Planning and zoning: very high fire risk areas.
(1) The Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a housing element and a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic and seismic hazards, flooding, and wildland and urban fires. Existing law requires the housing element to be revised according to a specific schedule. Existing law requires the planning agency to review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every 8 years, to identify new information relating to flood and fire hazards and climate adaptation and resiliency strategies applicable to the city or county that was not available during the previous revision of the safety element.Existing law requires that the Office of Land Use and Climate Innovation, among other things, coordinate with appropriate entities, including state, regional, or local agencies, to establish a clearinghouse for climate adaptation information for use by state, regional, and local entities, as provided.This bill would require the safety element, upon the next revision of the housing element or the hazard mitigation plan, on or after January 1, 2026, whichever occurs first, to be reviewed and updated as necessary to include a comprehensive retrofit strategy to improve safety and reduce the risk of property loss and damage during wildfires, as specified, and would require the planning agency to submit the adopted strategy to the Office of Planning and Research for inclusion into the above-described clearinghouse. The bill would also require the planning agency to review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every 8 years, to identify new information relating to retrofit updates applicable to the city or county that was not available during the previous revision of the safety element. By increasing the duties of local officials, this bill would create a state-mandated local program. (2) Existing law requires the general plan to include a land use element that designates the proposed general distribution and general location and extent of the uses of the land for, among other purposes, housing, business, and industry. Existing law additionally requires the general plan to include a housing element and requires each local government to review and revise its housing element, as specified.This bill would require a city or county that contains residential structures in a very high fire risk area, as defined, upon each revision of the housing element on or after January 1, 2026, to amend the land use element of its general plan to contain, among other things, the locations of all very high fire risk areas within the city or county and feasible implementation measures designed to carry out specified goals, objectives, and policies relating to the protection of lives and property from unreasonable risk of wildfire. The bill would also require the city or county to complete a review of, and make findings related to, the designation of lands within the jurisdiction as very high fire hazard severity zones, upon each subsequent revision of the housing element, as provided. By increasing the duties of local officials, this bill would impose a state-mandated local program.(3) Existing law requires the Office of Land Use and Climate Innovation to implement various long-range planning and research policies and goals that are intended to, among other things, encourage the formation and proper functioning of local entities and, in connection with those responsibilities, to adopt guidelines for the preparation and content of the mandatory elements required in city and county general plans.This bill would require the Office of Land Use and Climate Innovation, on or before January 1, 2027, in collaboration with cities and counties, to identify local ordinances, policies, and best practices relating to land use planning in very high fire risk areas, as defined, wildfire risk reduction, and wildfire preparedness and publish these resources on the above-described clearinghouse, as specified.(4) The California Constitution requires the state to reimburse 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.Existing law, Planning and Zoning Law, authorizes the legislative body of any city or county to adopt ordinances, as specified, that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, and other purposes.Existing law, the California Emergency Services Act (CESA), among other things, authorizes the Governor to proclaim a state of emergency. During a state of emergency, the CESA authorizes the Governor to enter into a purchase, lease, or other arrangement with any agency of the United States for housing units to be occupied by disaster victims and to make those units available to any political subdivision for that purpose.This bill would state the intent of the Legislature to enact legislation to better align community emergency response and land use planning in areas susceptible to natural disasters to ensure public safety.
(1) The Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a housing element and a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic and seismic hazards, flooding, and wildland and urban fires. Existing law requires the housing element to be revised according to a specific schedule. Existing law requires the planning agency to review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every 8 years, to identify new information relating to flood and fire hazards and climate adaptation and resiliency strategies applicable to the city or county that was not available during the previous revision of the safety element.
Existing law requires that the Office of Land Use and Climate Innovation, among other things, coordinate with appropriate entities, including state, regional, or local agencies, to establish a clearinghouse for climate adaptation information for use by state, regional, and local entities, as provided.
This bill would require the safety element, upon the next revision of the housing element or the hazard mitigation plan, on or after January 1, 2026, whichever occurs first, to be reviewed and updated as necessary to include a comprehensive retrofit strategy to improve safety and reduce the risk of property loss and damage during wildfires, as specified, and would require the planning agency to submit the adopted strategy to the Office of Planning and Research for inclusion into the above-described clearinghouse. The bill would also require the planning agency to review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every 8 years, to identify new information relating to retrofit updates applicable to the city or county that was not available during the previous revision of the safety element. By increasing the duties of local officials, this bill would create a state-mandated local program.
(2) Existing law requires the general plan to include a land use element that designates the proposed general distribution and general location and extent of the uses of the land for, among other purposes, housing, business, and industry. Existing law additionally requires the general plan to include a housing element and requires each local government to review and revise its housing element, as specified.
This bill would require a city or county that contains residential structures in a very high fire risk area, as defined, upon each revision of the housing element on or after January 1, 2026, to amend the land use element of its general plan to contain, among other things, the locations of all very high fire risk areas within the city or county and feasible implementation measures designed to carry out specified goals, objectives, and policies relating to the protection of lives and property from unreasonable risk of wildfire. The bill would also require the city or county to complete a review of, and make findings related to, the designation of lands within the jurisdiction as very high fire hazard severity zones, upon each subsequent revision of the housing element, as provided. By increasing the duties of local officials, this bill would impose a state-mandated local program.
(3) Existing law requires the Office of Land Use and Climate Innovation to implement various long-range planning and research policies and goals that are intended to, among other things, encourage the formation and proper functioning of local entities and, in connection with those responsibilities, to adopt guidelines for the preparation and content of the mandatory elements required in city and county general plans.
This bill would require the Office of Land Use and Climate Innovation, on or before January 1, 2027, in collaboration with cities and counties, to identify local ordinances, policies, and best practices relating to land use planning in very high fire risk areas, as defined, wildfire risk reduction, and wildfire preparedness and publish these resources on the above-described clearinghouse, as specified.
(4) The California Constitution requires the state to reimburse 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.
Existing law, Planning and Zoning Law, authorizes the legislative body of any city or county to adopt ordinances, as specified, that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, and other purposes.
Existing law, the California Emergency Services Act (CESA), among other things, authorizes the Governor to proclaim a state of emergency. During a state of emergency, the CESA authorizes the Governor to enter into a purchase, lease, or other arrangement with any agency of the United States for housing units to be occupied by disaster victims and to make those units available to any political subdivision for that purpose.
This bill would state the intent of the Legislature to enact legislation to better align community emergency response and land use planning in areas susceptible to natural disasters to ensure public safety.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 65040.18 is added to the Government Code, to read:65040.18. (a) By January 1, 2027, the Office of Land Use and Climate Innovation, in collaboration with cities and counties, shall identify local ordinances, policies, and best practices relating to land use planning in very high fire risk areas, wildfire risk reduction, and wildfire preparedness, and shall publish these resources on the clearinghouse established pursuant to Section 71360 of the Public Resources Code. The office shall include in the clearinghouse any comprehensive retrofit strategies submitted pursuant to subparagraph (E) of paragraph (6) of subdivision (g) of Section 65302. The office shall regularly update the clearinghouse materials made available pursuant to this section.(b) For purposes of this section, very high fire risk area means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.SEC. 2. Section 65302 of the Government Code is amended to read:65302. The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:(a) A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:(1) Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5).(2) Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.(A) In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources.(B) The following definitions govern this paragraph:(i) Military readiness activities mean all of the following:(I) Training, support, and operations that prepare the members of the military for combat.(II) Operation, maintenance, and security of any military installation.(III) Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.(ii) Military installation means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined in paragraph (1) of subsection (e) of Section 2687 of Title 10 of the United States Code.(b) (1) A circulation element consisting 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, all correlated with the land use element of the plan.(2) (A) Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan.(B) Upon any substantive revision of the circulation element on or after January 1, 2025, the legislative body shall do all of the following:(i) Incorporate the principles of the Federal Highway Administrations Safe System Approach, in the circulation element by including policies that aim to eliminate fatal and serious injuries for all road users through a holistic view of the roadway system, including provisions that account for human error, recognize vulnerable road users, and promote redundant and proactive safety measures.(ii) Develop bicycle plans, pedestrian plans, and traffic calming plans based on the policies and goals in the circulation element that shall address all of the following for any urbanized area within the scope of the general plan:(I) Identify safety corridors and any land or facility that generates high concentrations of bicyclists or pedestrians.(II) Use evidence-based strategies, including strategies identified in the United States Department of Transportations Strategic Highway Safety Plan to develop safety measures specific to those areas that are intended to eliminate traffic fatalities, with an emphasis on fatalities of bicyclists, pedestrians, and users of any other form of micromobility device in the areas identified in subclause (I).(III) Set goals for initiation and completion of all actions identified in the plans within 25 years of the date of adoption of the modified circulation element based upon projected development activities within urbanized areas within the scope of the general plan and projected availability of revenues.(C) (i) A county or city shall begin implementation of the modified circulation element plan specified in subparagraph (B) within two years of the date of adoption of the plan.(ii) A county or city shall regularly review the progress towards and identify impediments to completing implementation of the plan for a multimodal transportation network, including all bicycle plans, pedestrian plans, and traffic calming plans iterated in the modified circulation element, and the construction of any related infrastructure.(iii) A county or city shall consider revising the circulation element if, following the review under clause (ii), the county or city determines it will not reach the goals of the bicycle, pedestrian, or traffic calming plans within 25 years of the date of adoption of the modified circulation element.(D) For the purposes of this paragraph, the following definitions shall apply:(i) Business activity district has the same meaning as defined in Section 22358.9 of the Vehicle Code.(ii) Land facilities that generate high concentrations of bicyclists or pedestrians has the same meaning as described in Section 22358.7 of the Vehicle Code.(iii) Micromobility device means a bicycle, electric bicycle, or motorized scooter as those terms are defined and described in Division 1 (commencing with Section 100) of the Vehicle Code.(iv) Safety corridor has the same meaning as defined in Section 22358.7 of the Vehicle Code.(v) Urbanized area has the same meaning as defined in Section 21071 of the Public Resources Code.(E) For purposes of this paragraph, users of streets, roads, and highways mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.(c) A housing element as provided in Article 10.6 (commencing with Section 65580).(d) (1) A conservation element for the conservation, development, and utilization of natural resources, including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on the movement of wildlife and habitat connectivity. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county.(2) The conservation element may also cover all of the following:(A) The reclamation of land and waters.(B) Prevention and control of the pollution of streams and other waters.(C) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.(D) Prevention, control, and correction of the erosion of soils, beaches, and shores.(E) Protection of watersheds.(F) The location, quantity, and quality of the rock, sand, and gravel resources.(3) Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management.(4) Upon the adoption or next revision of one or more elements on or after January 1, 2028, the conservation element shall be updated to:(A) Identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, as those terms are defined in Section 158 of the Streets and Highways Code.(B) Identify and analyze existing or planned wildlife passage features, as defined in Section 158 of the Streets and Highways Code, including, but not limited to, wildlife passage features included in the inventory of connectivity needs on the state highway system, as described in Section 158.1 of the Streets and Highways Code, to ensure that planned development does not undermine the effectiveness of existing and potential wildlife passage features, as defined in Section 158 of the Streets and Highways Code.(C) (i) Consider the impacts of development and the barriers caused by development to wildlife and habitat connectivity.(ii) For the purposes of this subparagraph, wildlife has the same meaning as defined in Section 89.5 of the Fish and Game Code.(D) Avoid, minimize, or mitigate impacts and barriers to wildlife movement to the extent feasible.(E) Analyze and consider opportunities to remediate existing barriers to wildlife connectivity and restore degraded habitat and open space.(5) If a city, county, or city and county has already included policies in existing plans, including its certified local coastal plan, that meet the requirements of paragraph (4), the city, county, or city and county may incorporate the plan by reference into the general plan to comply with this section.(6) In preparing to update the conservation element, the city, county, or city and county may do any of the following:(A) Consider incorporating appropriate standards, policies, and feasible implementation programs such as wildlife-friendly fencing and lighting, buffers from sensitive resources, prohibitions on invasive plants, habitat connectivity overlay zones, and compact development standards, or consider whether adoption of ordinances is necessary to feasibly implement these standards, policies, and implementation programs, and include goals to adopt any necessary ordinances.(B) Consult with the Department of Fish and Wildlife, any California Native American tribe that is on the contact list maintained by the Native American Heritage Commission and that has traditional lands located within the city, county, or city and countys jurisdiction, and any open-space district that owns lands designated for conservation within the city, county, or city and countys jurisdiction. Upon receiving a request for consultation, the department, tribe, or district may, in its sole discretion, accept or refuse to consult, based on the priority of natural resources impacted or other factors.(C) Consider relevant best available science as appropriate, including, but not limited to, peer-reviewed literature, citable publicly available datasets, publicly sourced online datasets, and information and reports from government agencies, California Native American tribes, and academic institutions.(D) Consider the most appropriately scaled scientific information on linkages, corridors, and other locations that are essential to maintain landscape connectivity, including, but not limited to, any of the following:(i) Habitat linkages and wildlife corridors, such as those identified and summarized in the Areas of Conservation Emphasis, as defined by subdivision (a) of Section 1851 of the Fish and Game Code, and in regional habitat connectivity assessments.(ii) Wildlife corridors, such as migration corridors identified by global positioning system collar studies.(iii) Wildlife movement barriers, such as connectivity areas, as defined by subdivision (a) of Section 158 of the Street and Highways Code, and barriers identified by the Department of Fish and Wildlifes Restoring Californias Wildlife Connectivity report.(iv) Other connectivity considerations, such as those outlined in the State Wildlife Action Plan, habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code, natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code, regional conservation investment strategies approved pursuant to Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code, and other relevant plans, policies, and ordinances adopted by neighboring jurisdictions.(7) In preparing to update the conservation element, the city, county, or city and county may consult with other appropriate local, state, or federal agencies, or academic institutions, as deemed appropriate by the city or county.(8) The city, county, or city and county may meet the requirements in paragraphs (4) through (6), inclusive, in a separate component or section of the general plan entitled a wildlife connectivity element.(e) An open-space element as provided in Article 10.5 (commencing with Section 65560).(f) (1) A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:(A) Highways and freeways.(B) Primary arterials and major local streets.(C) Passenger and freight online railroad operations and ground rapid transit systems.(D) Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation.(E) Local industrial plants, including, but not limited to, railroad classification yards.(F) Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.(2) Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in subparagraphs (A) to (F) of paragraph (1), inclusive.(3) The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise.(4) The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the states noise insulation standards.(g) (1) A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.(2) The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:(A) Identify information regarding flood hazards, including, but not limited to, the following:(i) Flood hazard zones. As used in this subdivision, flood hazard zone means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by FEMA. The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses permitted within flood hazard zones will be free from flooding or flood damage.(ii) National Flood Insurance Program maps published by FEMA.(iii) Information about flood hazards that is available from the United States Army Corps of Engineers.(iv) Designated floodway maps that are available from the Central Valley Flood Protection Board.(v) Dam failure inundation maps prepared pursuant to Section 6161 of the Water Code that are available from the Department of Water Resources.(vi) Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.(vii) Maps of levee protection zones.(viii) Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.(ix) Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding.(x) Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities.(xi) Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.(B) Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:(i) Avoiding or minimizing the risks of flooding to new development.(ii) Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones.(iii) Maintaining the structural and operational integrity of essential public facilities during flooding.(iv) Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.(v) Establishing cooperative working relationships among public agencies with responsibility for flood protection.(C) Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).(3) Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Researchs most recent publication of Fire Hazard Planning, General Plan Technical Advice Series and shall also include all of the following:(A) Information regarding fire hazards, including, but not limited to, all of the following:(i) Fire hazard severity zone maps available from the Office of the State Fire Marshal.(ii) Any historical data on wildfires available from local agencies or a reference to where the data can be found.(iii) Information about wildfire hazard areas that may be available from the United States Geological Survey.(iv) General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open-space designations of homeowner associations.(v) Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.(B) A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire.(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B), including, but not limited to, all of the following:(i) Avoiding or minimizing the wildfire hazards associated with new uses of land.(ii) Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.(iii) Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.(iv) Working cooperatively with public agencies with responsibility for fire protection.(D) If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or countys adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph.(4) Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Researchs General Plan Guidelines and shall include all of the following:(A) (i) A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3).(ii) Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:(I) Information from the internet-based Cal-Adapt tool.(II) Information from the most recent version of the California Adaptation Planning Guide.(III) Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.(IV) Information from local agencies on their current ability to deal with the impacts of climate change.(V) Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged.(VI) Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities.(VII) Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services.(B) A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B), including, but not limited to, all of the following:(i) Feasible methods to avoid or minimize climate change impacts associated with new uses of land.(ii) The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas.(iii) The designation of adequate and feasible infrastructure located in an at-risk area.(iv) Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.(v) The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For purposes of this clause, natural infrastructure means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.(D) (i) If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document.(ii) Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions, climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met.(5) Upon the next revision of the housing element on or after January 1, 2020, the safety element shall be reviewed and updated as necessary to identify residential developments in any hazard area identified in the safety element that do not have at least two emergency evacuation routes.(6) Upon the next revision of the housing element or the hazard mitigation plan on or after January 1, 2026, whichever occurs first, the safety element shall be reviewed and updated as necessary to include a comprehensive retrofit strategy for residential developments and infrastructure to improve safety and reduce the risk of property loss and damage during wildfires. The comprehensive retrofit strategy shall include, but not be limited to, all of the following:(A) A list of the types of retrofits needed in an area based on fire risk.(B) A process for identifying and inventorying residential structures in need of retrofit for fire hardening, and infrastructure in need of retrofit to support evacuation and emergency response in the event of a disaster. The strategy shall prioritize the identification and inventorying of residential structures in very high fire risk areas.(C) Goals and milestones for completing needed retrofit work.(D) Potential funding sources and financing strategies to pay for needed retrofits on public and private property.(E) Once adopted, the planning agency shall submit the adopted comprehensive retrofit strategy to the Office of Land Use and Climate Innovation for inclusion in the clearinghouse established pursuant to Section 71360 of the Public Resources Code.(6)(7) After the initial revision of the safety element pursuant to paragraphs (2), (3), (4), and (5), and (6), the planning agency shall review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every eight years, to identify new information relating to flood and fire hazards and hazards, climate adaptation and resiliency strategies strategies, and retrofit updates applicable to the city or county that was not available during the previous revision of the safety element.(7)(8) Cities and counties that have flood plain management ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the flood plain ordinance, specifically showing how each requirement of this subdivision has been met.(8)(9) Before the periodic review of its general plan and before preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision.(9)(10) To the extent that a countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys planning area in satisfaction of the requirement imposed by this subdivision.(11) For purposes of this subdivision, very high fire risk area means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.(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 civic 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 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 Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code.SEC. 3. Section 65302.11 is added to the Government Code, to read:65302.11. (a) Upon each revision of the housing element on or after January 1, 2026, each city or county that contains residential structures in a very high fire risk area shall amend the land use element of its general plan to contain all of the following with respect to residential lands located within a very high fire risk area:(1) (A) The goals contained in the most recent Strategic Fire Plan for California prepared by the Department of Forestry and Fire Protection.(B) The locations of all very high fire risk areas within the city or county.(C) The data and analysis described in the Office of Land Use and Climate Innovations most recent publication of Fire Hazard PlanningGeneral Plan Technical Advice Series.(D) The goals of any local hazard mitigation plan, community wildfire protection plan, and climate adaptation plan that has been adopted by the governing body of the city or county.(2) Objectives and policies, based on the goals, data, and analysis identified pursuant to paragraph (1), for the protection of lives and property from unreasonable risk of wildfire. These objectives and policies shall take into consideration, and be consistent with, the information, goals, policies, objectives, and implementation measures included in the safety element in accordance with paragraph (3) of subdivision (g) of Section 65302.(3) Feasible implementation measures designed to carry out the goals, objectives, and policies established pursuant to this subdivision.(b) After the initial amendment of the land use element pursuant to subdivision (a), the governing body of the city or county shall review, upon each subsequent revision of the housing element, but not less than once every eight years, the designation of lands within the jurisdiction as very high fire hazard severity zones pursuant to subdivision (b) of Section 51179. Upon each review, the governing body shall make written findings, based upon substantial evidence, supporting the determinations made in accordance with subdivision (b) of Section 51179.(c) For purposes of this section, very high fire risk area means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.SECTION 1.It is the intent of the Legislature to enact legislation to better align community emergency response and land use planning in areas susceptible to natural disasters to ensure public safety.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 65040.18 is added to the Government Code, to read:65040.18. (a) By January 1, 2027, the Office of Land Use and Climate Innovation, in collaboration with cities and counties, shall identify local ordinances, policies, and best practices relating to land use planning in very high fire risk areas, wildfire risk reduction, and wildfire preparedness, and shall publish these resources on the clearinghouse established pursuant to Section 71360 of the Public Resources Code. The office shall include in the clearinghouse any comprehensive retrofit strategies submitted pursuant to subparagraph (E) of paragraph (6) of subdivision (g) of Section 65302. The office shall regularly update the clearinghouse materials made available pursuant to this section.(b) For purposes of this section, very high fire risk area means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.
SECTION 1. Section 65040.18 is added to the Government Code, to read:
### SECTION 1.
65040.18. (a) By January 1, 2027, the Office of Land Use and Climate Innovation, in collaboration with cities and counties, shall identify local ordinances, policies, and best practices relating to land use planning in very high fire risk areas, wildfire risk reduction, and wildfire preparedness, and shall publish these resources on the clearinghouse established pursuant to Section 71360 of the Public Resources Code. The office shall include in the clearinghouse any comprehensive retrofit strategies submitted pursuant to subparagraph (E) of paragraph (6) of subdivision (g) of Section 65302. The office shall regularly update the clearinghouse materials made available pursuant to this section.(b) For purposes of this section, very high fire risk area means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.
65040.18. (a) By January 1, 2027, the Office of Land Use and Climate Innovation, in collaboration with cities and counties, shall identify local ordinances, policies, and best practices relating to land use planning in very high fire risk areas, wildfire risk reduction, and wildfire preparedness, and shall publish these resources on the clearinghouse established pursuant to Section 71360 of the Public Resources Code. The office shall include in the clearinghouse any comprehensive retrofit strategies submitted pursuant to subparagraph (E) of paragraph (6) of subdivision (g) of Section 65302. The office shall regularly update the clearinghouse materials made available pursuant to this section.(b) For purposes of this section, very high fire risk area means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.
65040.18. (a) By January 1, 2027, the Office of Land Use and Climate Innovation, in collaboration with cities and counties, shall identify local ordinances, policies, and best practices relating to land use planning in very high fire risk areas, wildfire risk reduction, and wildfire preparedness, and shall publish these resources on the clearinghouse established pursuant to Section 71360 of the Public Resources Code. The office shall include in the clearinghouse any comprehensive retrofit strategies submitted pursuant to subparagraph (E) of paragraph (6) of subdivision (g) of Section 65302. The office shall regularly update the clearinghouse materials made available pursuant to this section.(b) For purposes of this section, very high fire risk area means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.
65040.18. (a) By January 1, 2027, the Office of Land Use and Climate Innovation, in collaboration with cities and counties, shall identify local ordinances, policies, and best practices relating to land use planning in very high fire risk areas, wildfire risk reduction, and wildfire preparedness, and shall publish these resources on the clearinghouse established pursuant to Section 71360 of the Public Resources Code. The office shall include in the clearinghouse any comprehensive retrofit strategies submitted pursuant to subparagraph (E) of paragraph (6) of subdivision (g) of Section 65302. The office shall regularly update the clearinghouse materials made available pursuant to this section.
(b) For purposes of this section, very high fire risk area means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.
SEC. 2. Section 65302 of the Government Code is amended to read:65302. The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:(a) A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:(1) Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5).(2) Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.(A) In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources.(B) The following definitions govern this paragraph:(i) Military readiness activities mean all of the following:(I) Training, support, and operations that prepare the members of the military for combat.(II) Operation, maintenance, and security of any military installation.(III) Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.(ii) Military installation means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined in paragraph (1) of subsection (e) of Section 2687 of Title 10 of the United States Code.(b) (1) A circulation element consisting 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, all correlated with the land use element of the plan.(2) (A) Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan.(B) Upon any substantive revision of the circulation element on or after January 1, 2025, the legislative body shall do all of the following:(i) Incorporate the principles of the Federal Highway Administrations Safe System Approach, in the circulation element by including policies that aim to eliminate fatal and serious injuries for all road users through a holistic view of the roadway system, including provisions that account for human error, recognize vulnerable road users, and promote redundant and proactive safety measures.(ii) Develop bicycle plans, pedestrian plans, and traffic calming plans based on the policies and goals in the circulation element that shall address all of the following for any urbanized area within the scope of the general plan:(I) Identify safety corridors and any land or facility that generates high concentrations of bicyclists or pedestrians.(II) Use evidence-based strategies, including strategies identified in the United States Department of Transportations Strategic Highway Safety Plan to develop safety measures specific to those areas that are intended to eliminate traffic fatalities, with an emphasis on fatalities of bicyclists, pedestrians, and users of any other form of micromobility device in the areas identified in subclause (I).(III) Set goals for initiation and completion of all actions identified in the plans within 25 years of the date of adoption of the modified circulation element based upon projected development activities within urbanized areas within the scope of the general plan and projected availability of revenues.(C) (i) A county or city shall begin implementation of the modified circulation element plan specified in subparagraph (B) within two years of the date of adoption of the plan.(ii) A county or city shall regularly review the progress towards and identify impediments to completing implementation of the plan for a multimodal transportation network, including all bicycle plans, pedestrian plans, and traffic calming plans iterated in the modified circulation element, and the construction of any related infrastructure.(iii) A county or city shall consider revising the circulation element if, following the review under clause (ii), the county or city determines it will not reach the goals of the bicycle, pedestrian, or traffic calming plans within 25 years of the date of adoption of the modified circulation element.(D) For the purposes of this paragraph, the following definitions shall apply:(i) Business activity district has the same meaning as defined in Section 22358.9 of the Vehicle Code.(ii) Land facilities that generate high concentrations of bicyclists or pedestrians has the same meaning as described in Section 22358.7 of the Vehicle Code.(iii) Micromobility device means a bicycle, electric bicycle, or motorized scooter as those terms are defined and described in Division 1 (commencing with Section 100) of the Vehicle Code.(iv) Safety corridor has the same meaning as defined in Section 22358.7 of the Vehicle Code.(v) Urbanized area has the same meaning as defined in Section 21071 of the Public Resources Code.(E) For purposes of this paragraph, users of streets, roads, and highways mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.(c) A housing element as provided in Article 10.6 (commencing with Section 65580).(d) (1) A conservation element for the conservation, development, and utilization of natural resources, including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on the movement of wildlife and habitat connectivity. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county.(2) The conservation element may also cover all of the following:(A) The reclamation of land and waters.(B) Prevention and control of the pollution of streams and other waters.(C) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.(D) Prevention, control, and correction of the erosion of soils, beaches, and shores.(E) Protection of watersheds.(F) The location, quantity, and quality of the rock, sand, and gravel resources.(3) Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management.(4) Upon the adoption or next revision of one or more elements on or after January 1, 2028, the conservation element shall be updated to:(A) Identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, as those terms are defined in Section 158 of the Streets and Highways Code.(B) Identify and analyze existing or planned wildlife passage features, as defined in Section 158 of the Streets and Highways Code, including, but not limited to, wildlife passage features included in the inventory of connectivity needs on the state highway system, as described in Section 158.1 of the Streets and Highways Code, to ensure that planned development does not undermine the effectiveness of existing and potential wildlife passage features, as defined in Section 158 of the Streets and Highways Code.(C) (i) Consider the impacts of development and the barriers caused by development to wildlife and habitat connectivity.(ii) For the purposes of this subparagraph, wildlife has the same meaning as defined in Section 89.5 of the Fish and Game Code.(D) Avoid, minimize, or mitigate impacts and barriers to wildlife movement to the extent feasible.(E) Analyze and consider opportunities to remediate existing barriers to wildlife connectivity and restore degraded habitat and open space.(5) If a city, county, or city and county has already included policies in existing plans, including its certified local coastal plan, that meet the requirements of paragraph (4), the city, county, or city and county may incorporate the plan by reference into the general plan to comply with this section.(6) In preparing to update the conservation element, the city, county, or city and county may do any of the following:(A) Consider incorporating appropriate standards, policies, and feasible implementation programs such as wildlife-friendly fencing and lighting, buffers from sensitive resources, prohibitions on invasive plants, habitat connectivity overlay zones, and compact development standards, or consider whether adoption of ordinances is necessary to feasibly implement these standards, policies, and implementation programs, and include goals to adopt any necessary ordinances.(B) Consult with the Department of Fish and Wildlife, any California Native American tribe that is on the contact list maintained by the Native American Heritage Commission and that has traditional lands located within the city, county, or city and countys jurisdiction, and any open-space district that owns lands designated for conservation within the city, county, or city and countys jurisdiction. Upon receiving a request for consultation, the department, tribe, or district may, in its sole discretion, accept or refuse to consult, based on the priority of natural resources impacted or other factors.(C) Consider relevant best available science as appropriate, including, but not limited to, peer-reviewed literature, citable publicly available datasets, publicly sourced online datasets, and information and reports from government agencies, California Native American tribes, and academic institutions.(D) Consider the most appropriately scaled scientific information on linkages, corridors, and other locations that are essential to maintain landscape connectivity, including, but not limited to, any of the following:(i) Habitat linkages and wildlife corridors, such as those identified and summarized in the Areas of Conservation Emphasis, as defined by subdivision (a) of Section 1851 of the Fish and Game Code, and in regional habitat connectivity assessments.(ii) Wildlife corridors, such as migration corridors identified by global positioning system collar studies.(iii) Wildlife movement barriers, such as connectivity areas, as defined by subdivision (a) of Section 158 of the Street and Highways Code, and barriers identified by the Department of Fish and Wildlifes Restoring Californias Wildlife Connectivity report.(iv) Other connectivity considerations, such as those outlined in the State Wildlife Action Plan, habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code, natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code, regional conservation investment strategies approved pursuant to Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code, and other relevant plans, policies, and ordinances adopted by neighboring jurisdictions.(7) In preparing to update the conservation element, the city, county, or city and county may consult with other appropriate local, state, or federal agencies, or academic institutions, as deemed appropriate by the city or county.(8) The city, county, or city and county may meet the requirements in paragraphs (4) through (6), inclusive, in a separate component or section of the general plan entitled a wildlife connectivity element.(e) An open-space element as provided in Article 10.5 (commencing with Section 65560).(f) (1) A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:(A) Highways and freeways.(B) Primary arterials and major local streets.(C) Passenger and freight online railroad operations and ground rapid transit systems.(D) Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation.(E) Local industrial plants, including, but not limited to, railroad classification yards.(F) Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.(2) Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in subparagraphs (A) to (F) of paragraph (1), inclusive.(3) The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise.(4) The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the states noise insulation standards.(g) (1) A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.(2) The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:(A) Identify information regarding flood hazards, including, but not limited to, the following:(i) Flood hazard zones. As used in this subdivision, flood hazard zone means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by FEMA. The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses permitted within flood hazard zones will be free from flooding or flood damage.(ii) National Flood Insurance Program maps published by FEMA.(iii) Information about flood hazards that is available from the United States Army Corps of Engineers.(iv) Designated floodway maps that are available from the Central Valley Flood Protection Board.(v) Dam failure inundation maps prepared pursuant to Section 6161 of the Water Code that are available from the Department of Water Resources.(vi) Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.(vii) Maps of levee protection zones.(viii) Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.(ix) Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding.(x) Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities.(xi) Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.(B) Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:(i) Avoiding or minimizing the risks of flooding to new development.(ii) Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones.(iii) Maintaining the structural and operational integrity of essential public facilities during flooding.(iv) Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.(v) Establishing cooperative working relationships among public agencies with responsibility for flood protection.(C) Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).(3) Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Researchs most recent publication of Fire Hazard Planning, General Plan Technical Advice Series and shall also include all of the following:(A) Information regarding fire hazards, including, but not limited to, all of the following:(i) Fire hazard severity zone maps available from the Office of the State Fire Marshal.(ii) Any historical data on wildfires available from local agencies or a reference to where the data can be found.(iii) Information about wildfire hazard areas that may be available from the United States Geological Survey.(iv) General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open-space designations of homeowner associations.(v) Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.(B) A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire.(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B), including, but not limited to, all of the following:(i) Avoiding or minimizing the wildfire hazards associated with new uses of land.(ii) Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.(iii) Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.(iv) Working cooperatively with public agencies with responsibility for fire protection.(D) If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or countys adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph.(4) Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Researchs General Plan Guidelines and shall include all of the following:(A) (i) A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3).(ii) Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:(I) Information from the internet-based Cal-Adapt tool.(II) Information from the most recent version of the California Adaptation Planning Guide.(III) Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.(IV) Information from local agencies on their current ability to deal with the impacts of climate change.(V) Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged.(VI) Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities.(VII) Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services.(B) A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B), including, but not limited to, all of the following:(i) Feasible methods to avoid or minimize climate change impacts associated with new uses of land.(ii) The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas.(iii) The designation of adequate and feasible infrastructure located in an at-risk area.(iv) Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.(v) The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For purposes of this clause, natural infrastructure means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.(D) (i) If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document.(ii) Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions, climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met.(5) Upon the next revision of the housing element on or after January 1, 2020, the safety element shall be reviewed and updated as necessary to identify residential developments in any hazard area identified in the safety element that do not have at least two emergency evacuation routes.(6) Upon the next revision of the housing element or the hazard mitigation plan on or after January 1, 2026, whichever occurs first, the safety element shall be reviewed and updated as necessary to include a comprehensive retrofit strategy for residential developments and infrastructure to improve safety and reduce the risk of property loss and damage during wildfires. The comprehensive retrofit strategy shall include, but not be limited to, all of the following:(A) A list of the types of retrofits needed in an area based on fire risk.(B) A process for identifying and inventorying residential structures in need of retrofit for fire hardening, and infrastructure in need of retrofit to support evacuation and emergency response in the event of a disaster. The strategy shall prioritize the identification and inventorying of residential structures in very high fire risk areas.(C) Goals and milestones for completing needed retrofit work.(D) Potential funding sources and financing strategies to pay for needed retrofits on public and private property.(E) Once adopted, the planning agency shall submit the adopted comprehensive retrofit strategy to the Office of Land Use and Climate Innovation for inclusion in the clearinghouse established pursuant to Section 71360 of the Public Resources Code.(6)(7) After the initial revision of the safety element pursuant to paragraphs (2), (3), (4), and (5), and (6), the planning agency shall review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every eight years, to identify new information relating to flood and fire hazards and hazards, climate adaptation and resiliency strategies strategies, and retrofit updates applicable to the city or county that was not available during the previous revision of the safety element.(7)(8) Cities and counties that have flood plain management ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the flood plain ordinance, specifically showing how each requirement of this subdivision has been met.(8)(9) Before the periodic review of its general plan and before preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision.(9)(10) To the extent that a countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys planning area in satisfaction of the requirement imposed by this subdivision.(11) For purposes of this subdivision, very high fire risk area means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.(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 civic 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 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 Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code.
SEC. 2. Section 65302 of the Government Code is amended to read:
### SEC. 2.
65302. The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:(a) A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:(1) Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5).(2) Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.(A) In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources.(B) The following definitions govern this paragraph:(i) Military readiness activities mean all of the following:(I) Training, support, and operations that prepare the members of the military for combat.(II) Operation, maintenance, and security of any military installation.(III) Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.(ii) Military installation means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined in paragraph (1) of subsection (e) of Section 2687 of Title 10 of the United States Code.(b) (1) A circulation element consisting 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, all correlated with the land use element of the plan.(2) (A) Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan.(B) Upon any substantive revision of the circulation element on or after January 1, 2025, the legislative body shall do all of the following:(i) Incorporate the principles of the Federal Highway Administrations Safe System Approach, in the circulation element by including policies that aim to eliminate fatal and serious injuries for all road users through a holistic view of the roadway system, including provisions that account for human error, recognize vulnerable road users, and promote redundant and proactive safety measures.(ii) Develop bicycle plans, pedestrian plans, and traffic calming plans based on the policies and goals in the circulation element that shall address all of the following for any urbanized area within the scope of the general plan:(I) Identify safety corridors and any land or facility that generates high concentrations of bicyclists or pedestrians.(II) Use evidence-based strategies, including strategies identified in the United States Department of Transportations Strategic Highway Safety Plan to develop safety measures specific to those areas that are intended to eliminate traffic fatalities, with an emphasis on fatalities of bicyclists, pedestrians, and users of any other form of micromobility device in the areas identified in subclause (I).(III) Set goals for initiation and completion of all actions identified in the plans within 25 years of the date of adoption of the modified circulation element based upon projected development activities within urbanized areas within the scope of the general plan and projected availability of revenues.(C) (i) A county or city shall begin implementation of the modified circulation element plan specified in subparagraph (B) within two years of the date of adoption of the plan.(ii) A county or city shall regularly review the progress towards and identify impediments to completing implementation of the plan for a multimodal transportation network, including all bicycle plans, pedestrian plans, and traffic calming plans iterated in the modified circulation element, and the construction of any related infrastructure.(iii) A county or city shall consider revising the circulation element if, following the review under clause (ii), the county or city determines it will not reach the goals of the bicycle, pedestrian, or traffic calming plans within 25 years of the date of adoption of the modified circulation element.(D) For the purposes of this paragraph, the following definitions shall apply:(i) Business activity district has the same meaning as defined in Section 22358.9 of the Vehicle Code.(ii) Land facilities that generate high concentrations of bicyclists or pedestrians has the same meaning as described in Section 22358.7 of the Vehicle Code.(iii) Micromobility device means a bicycle, electric bicycle, or motorized scooter as those terms are defined and described in Division 1 (commencing with Section 100) of the Vehicle Code.(iv) Safety corridor has the same meaning as defined in Section 22358.7 of the Vehicle Code.(v) Urbanized area has the same meaning as defined in Section 21071 of the Public Resources Code.(E) For purposes of this paragraph, users of streets, roads, and highways mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.(c) A housing element as provided in Article 10.6 (commencing with Section 65580).(d) (1) A conservation element for the conservation, development, and utilization of natural resources, including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on the movement of wildlife and habitat connectivity. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county.(2) The conservation element may also cover all of the following:(A) The reclamation of land and waters.(B) Prevention and control of the pollution of streams and other waters.(C) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.(D) Prevention, control, and correction of the erosion of soils, beaches, and shores.(E) Protection of watersheds.(F) The location, quantity, and quality of the rock, sand, and gravel resources.(3) Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management.(4) Upon the adoption or next revision of one or more elements on or after January 1, 2028, the conservation element shall be updated to:(A) Identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, as those terms are defined in Section 158 of the Streets and Highways Code.(B) Identify and analyze existing or planned wildlife passage features, as defined in Section 158 of the Streets and Highways Code, including, but not limited to, wildlife passage features included in the inventory of connectivity needs on the state highway system, as described in Section 158.1 of the Streets and Highways Code, to ensure that planned development does not undermine the effectiveness of existing and potential wildlife passage features, as defined in Section 158 of the Streets and Highways Code.(C) (i) Consider the impacts of development and the barriers caused by development to wildlife and habitat connectivity.(ii) For the purposes of this subparagraph, wildlife has the same meaning as defined in Section 89.5 of the Fish and Game Code.(D) Avoid, minimize, or mitigate impacts and barriers to wildlife movement to the extent feasible.(E) Analyze and consider opportunities to remediate existing barriers to wildlife connectivity and restore degraded habitat and open space.(5) If a city, county, or city and county has already included policies in existing plans, including its certified local coastal plan, that meet the requirements of paragraph (4), the city, county, or city and county may incorporate the plan by reference into the general plan to comply with this section.(6) In preparing to update the conservation element, the city, county, or city and county may do any of the following:(A) Consider incorporating appropriate standards, policies, and feasible implementation programs such as wildlife-friendly fencing and lighting, buffers from sensitive resources, prohibitions on invasive plants, habitat connectivity overlay zones, and compact development standards, or consider whether adoption of ordinances is necessary to feasibly implement these standards, policies, and implementation programs, and include goals to adopt any necessary ordinances.(B) Consult with the Department of Fish and Wildlife, any California Native American tribe that is on the contact list maintained by the Native American Heritage Commission and that has traditional lands located within the city, county, or city and countys jurisdiction, and any open-space district that owns lands designated for conservation within the city, county, or city and countys jurisdiction. Upon receiving a request for consultation, the department, tribe, or district may, in its sole discretion, accept or refuse to consult, based on the priority of natural resources impacted or other factors.(C) Consider relevant best available science as appropriate, including, but not limited to, peer-reviewed literature, citable publicly available datasets, publicly sourced online datasets, and information and reports from government agencies, California Native American tribes, and academic institutions.(D) Consider the most appropriately scaled scientific information on linkages, corridors, and other locations that are essential to maintain landscape connectivity, including, but not limited to, any of the following:(i) Habitat linkages and wildlife corridors, such as those identified and summarized in the Areas of Conservation Emphasis, as defined by subdivision (a) of Section 1851 of the Fish and Game Code, and in regional habitat connectivity assessments.(ii) Wildlife corridors, such as migration corridors identified by global positioning system collar studies.(iii) Wildlife movement barriers, such as connectivity areas, as defined by subdivision (a) of Section 158 of the Street and Highways Code, and barriers identified by the Department of Fish and Wildlifes Restoring Californias Wildlife Connectivity report.(iv) Other connectivity considerations, such as those outlined in the State Wildlife Action Plan, habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code, natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code, regional conservation investment strategies approved pursuant to Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code, and other relevant plans, policies, and ordinances adopted by neighboring jurisdictions.(7) In preparing to update the conservation element, the city, county, or city and county may consult with other appropriate local, state, or federal agencies, or academic institutions, as deemed appropriate by the city or county.(8) The city, county, or city and county may meet the requirements in paragraphs (4) through (6), inclusive, in a separate component or section of the general plan entitled a wildlife connectivity element.(e) An open-space element as provided in Article 10.5 (commencing with Section 65560).(f) (1) A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:(A) Highways and freeways.(B) Primary arterials and major local streets.(C) Passenger and freight online railroad operations and ground rapid transit systems.(D) Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation.(E) Local industrial plants, including, but not limited to, railroad classification yards.(F) Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.(2) Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in subparagraphs (A) to (F) of paragraph (1), inclusive.(3) The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise.(4) The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the states noise insulation standards.(g) (1) A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.(2) The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:(A) Identify information regarding flood hazards, including, but not limited to, the following:(i) Flood hazard zones. As used in this subdivision, flood hazard zone means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by FEMA. The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses permitted within flood hazard zones will be free from flooding or flood damage.(ii) National Flood Insurance Program maps published by FEMA.(iii) Information about flood hazards that is available from the United States Army Corps of Engineers.(iv) Designated floodway maps that are available from the Central Valley Flood Protection Board.(v) Dam failure inundation maps prepared pursuant to Section 6161 of the Water Code that are available from the Department of Water Resources.(vi) Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.(vii) Maps of levee protection zones.(viii) Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.(ix) Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding.(x) Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities.(xi) Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.(B) Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:(i) Avoiding or minimizing the risks of flooding to new development.(ii) Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones.(iii) Maintaining the structural and operational integrity of essential public facilities during flooding.(iv) Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.(v) Establishing cooperative working relationships among public agencies with responsibility for flood protection.(C) Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).(3) Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Researchs most recent publication of Fire Hazard Planning, General Plan Technical Advice Series and shall also include all of the following:(A) Information regarding fire hazards, including, but not limited to, all of the following:(i) Fire hazard severity zone maps available from the Office of the State Fire Marshal.(ii) Any historical data on wildfires available from local agencies or a reference to where the data can be found.(iii) Information about wildfire hazard areas that may be available from the United States Geological Survey.(iv) General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open-space designations of homeowner associations.(v) Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.(B) A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire.(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B), including, but not limited to, all of the following:(i) Avoiding or minimizing the wildfire hazards associated with new uses of land.(ii) Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.(iii) Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.(iv) Working cooperatively with public agencies with responsibility for fire protection.(D) If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or countys adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph.(4) Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Researchs General Plan Guidelines and shall include all of the following:(A) (i) A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3).(ii) Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:(I) Information from the internet-based Cal-Adapt tool.(II) Information from the most recent version of the California Adaptation Planning Guide.(III) Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.(IV) Information from local agencies on their current ability to deal with the impacts of climate change.(V) Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged.(VI) Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities.(VII) Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services.(B) A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B), including, but not limited to, all of the following:(i) Feasible methods to avoid or minimize climate change impacts associated with new uses of land.(ii) The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas.(iii) The designation of adequate and feasible infrastructure located in an at-risk area.(iv) Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.(v) The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For purposes of this clause, natural infrastructure means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.(D) (i) If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document.(ii) Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions, climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met.(5) Upon the next revision of the housing element on or after January 1, 2020, the safety element shall be reviewed and updated as necessary to identify residential developments in any hazard area identified in the safety element that do not have at least two emergency evacuation routes.(6) Upon the next revision of the housing element or the hazard mitigation plan on or after January 1, 2026, whichever occurs first, the safety element shall be reviewed and updated as necessary to include a comprehensive retrofit strategy for residential developments and infrastructure to improve safety and reduce the risk of property loss and damage during wildfires. The comprehensive retrofit strategy shall include, but not be limited to, all of the following:(A) A list of the types of retrofits needed in an area based on fire risk.(B) A process for identifying and inventorying residential structures in need of retrofit for fire hardening, and infrastructure in need of retrofit to support evacuation and emergency response in the event of a disaster. The strategy shall prioritize the identification and inventorying of residential structures in very high fire risk areas.(C) Goals and milestones for completing needed retrofit work.(D) Potential funding sources and financing strategies to pay for needed retrofits on public and private property.(E) Once adopted, the planning agency shall submit the adopted comprehensive retrofit strategy to the Office of Land Use and Climate Innovation for inclusion in the clearinghouse established pursuant to Section 71360 of the Public Resources Code.(6)(7) After the initial revision of the safety element pursuant to paragraphs (2), (3), (4), and (5), and (6), the planning agency shall review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every eight years, to identify new information relating to flood and fire hazards and hazards, climate adaptation and resiliency strategies strategies, and retrofit updates applicable to the city or county that was not available during the previous revision of the safety element.(7)(8) Cities and counties that have flood plain management ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the flood plain ordinance, specifically showing how each requirement of this subdivision has been met.(8)(9) Before the periodic review of its general plan and before preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision.(9)(10) To the extent that a countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys planning area in satisfaction of the requirement imposed by this subdivision.(11) For purposes of this subdivision, very high fire risk area means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.(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 civic 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 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 Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code.
65302. The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:(a) A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:(1) Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5).(2) Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.(A) In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources.(B) The following definitions govern this paragraph:(i) Military readiness activities mean all of the following:(I) Training, support, and operations that prepare the members of the military for combat.(II) Operation, maintenance, and security of any military installation.(III) Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.(ii) Military installation means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined in paragraph (1) of subsection (e) of Section 2687 of Title 10 of the United States Code.(b) (1) A circulation element consisting 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, all correlated with the land use element of the plan.(2) (A) Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan.(B) Upon any substantive revision of the circulation element on or after January 1, 2025, the legislative body shall do all of the following:(i) Incorporate the principles of the Federal Highway Administrations Safe System Approach, in the circulation element by including policies that aim to eliminate fatal and serious injuries for all road users through a holistic view of the roadway system, including provisions that account for human error, recognize vulnerable road users, and promote redundant and proactive safety measures.(ii) Develop bicycle plans, pedestrian plans, and traffic calming plans based on the policies and goals in the circulation element that shall address all of the following for any urbanized area within the scope of the general plan:(I) Identify safety corridors and any land or facility that generates high concentrations of bicyclists or pedestrians.(II) Use evidence-based strategies, including strategies identified in the United States Department of Transportations Strategic Highway Safety Plan to develop safety measures specific to those areas that are intended to eliminate traffic fatalities, with an emphasis on fatalities of bicyclists, pedestrians, and users of any other form of micromobility device in the areas identified in subclause (I).(III) Set goals for initiation and completion of all actions identified in the plans within 25 years of the date of adoption of the modified circulation element based upon projected development activities within urbanized areas within the scope of the general plan and projected availability of revenues.(C) (i) A county or city shall begin implementation of the modified circulation element plan specified in subparagraph (B) within two years of the date of adoption of the plan.(ii) A county or city shall regularly review the progress towards and identify impediments to completing implementation of the plan for a multimodal transportation network, including all bicycle plans, pedestrian plans, and traffic calming plans iterated in the modified circulation element, and the construction of any related infrastructure.(iii) A county or city shall consider revising the circulation element if, following the review under clause (ii), the county or city determines it will not reach the goals of the bicycle, pedestrian, or traffic calming plans within 25 years of the date of adoption of the modified circulation element.(D) For the purposes of this paragraph, the following definitions shall apply:(i) Business activity district has the same meaning as defined in Section 22358.9 of the Vehicle Code.(ii) Land facilities that generate high concentrations of bicyclists or pedestrians has the same meaning as described in Section 22358.7 of the Vehicle Code.(iii) Micromobility device means a bicycle, electric bicycle, or motorized scooter as those terms are defined and described in Division 1 (commencing with Section 100) of the Vehicle Code.(iv) Safety corridor has the same meaning as defined in Section 22358.7 of the Vehicle Code.(v) Urbanized area has the same meaning as defined in Section 21071 of the Public Resources Code.(E) For purposes of this paragraph, users of streets, roads, and highways mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.(c) A housing element as provided in Article 10.6 (commencing with Section 65580).(d) (1) A conservation element for the conservation, development, and utilization of natural resources, including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on the movement of wildlife and habitat connectivity. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county.(2) The conservation element may also cover all of the following:(A) The reclamation of land and waters.(B) Prevention and control of the pollution of streams and other waters.(C) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.(D) Prevention, control, and correction of the erosion of soils, beaches, and shores.(E) Protection of watersheds.(F) The location, quantity, and quality of the rock, sand, and gravel resources.(3) Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management.(4) Upon the adoption or next revision of one or more elements on or after January 1, 2028, the conservation element shall be updated to:(A) Identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, as those terms are defined in Section 158 of the Streets and Highways Code.(B) Identify and analyze existing or planned wildlife passage features, as defined in Section 158 of the Streets and Highways Code, including, but not limited to, wildlife passage features included in the inventory of connectivity needs on the state highway system, as described in Section 158.1 of the Streets and Highways Code, to ensure that planned development does not undermine the effectiveness of existing and potential wildlife passage features, as defined in Section 158 of the Streets and Highways Code.(C) (i) Consider the impacts of development and the barriers caused by development to wildlife and habitat connectivity.(ii) For the purposes of this subparagraph, wildlife has the same meaning as defined in Section 89.5 of the Fish and Game Code.(D) Avoid, minimize, or mitigate impacts and barriers to wildlife movement to the extent feasible.(E) Analyze and consider opportunities to remediate existing barriers to wildlife connectivity and restore degraded habitat and open space.(5) If a city, county, or city and county has already included policies in existing plans, including its certified local coastal plan, that meet the requirements of paragraph (4), the city, county, or city and county may incorporate the plan by reference into the general plan to comply with this section.(6) In preparing to update the conservation element, the city, county, or city and county may do any of the following:(A) Consider incorporating appropriate standards, policies, and feasible implementation programs such as wildlife-friendly fencing and lighting, buffers from sensitive resources, prohibitions on invasive plants, habitat connectivity overlay zones, and compact development standards, or consider whether adoption of ordinances is necessary to feasibly implement these standards, policies, and implementation programs, and include goals to adopt any necessary ordinances.(B) Consult with the Department of Fish and Wildlife, any California Native American tribe that is on the contact list maintained by the Native American Heritage Commission and that has traditional lands located within the city, county, or city and countys jurisdiction, and any open-space district that owns lands designated for conservation within the city, county, or city and countys jurisdiction. Upon receiving a request for consultation, the department, tribe, or district may, in its sole discretion, accept or refuse to consult, based on the priority of natural resources impacted or other factors.(C) Consider relevant best available science as appropriate, including, but not limited to, peer-reviewed literature, citable publicly available datasets, publicly sourced online datasets, and information and reports from government agencies, California Native American tribes, and academic institutions.(D) Consider the most appropriately scaled scientific information on linkages, corridors, and other locations that are essential to maintain landscape connectivity, including, but not limited to, any of the following:(i) Habitat linkages and wildlife corridors, such as those identified and summarized in the Areas of Conservation Emphasis, as defined by subdivision (a) of Section 1851 of the Fish and Game Code, and in regional habitat connectivity assessments.(ii) Wildlife corridors, such as migration corridors identified by global positioning system collar studies.(iii) Wildlife movement barriers, such as connectivity areas, as defined by subdivision (a) of Section 158 of the Street and Highways Code, and barriers identified by the Department of Fish and Wildlifes Restoring Californias Wildlife Connectivity report.(iv) Other connectivity considerations, such as those outlined in the State Wildlife Action Plan, habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code, natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code, regional conservation investment strategies approved pursuant to Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code, and other relevant plans, policies, and ordinances adopted by neighboring jurisdictions.(7) In preparing to update the conservation element, the city, county, or city and county may consult with other appropriate local, state, or federal agencies, or academic institutions, as deemed appropriate by the city or county.(8) The city, county, or city and county may meet the requirements in paragraphs (4) through (6), inclusive, in a separate component or section of the general plan entitled a wildlife connectivity element.(e) An open-space element as provided in Article 10.5 (commencing with Section 65560).(f) (1) A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:(A) Highways and freeways.(B) Primary arterials and major local streets.(C) Passenger and freight online railroad operations and ground rapid transit systems.(D) Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation.(E) Local industrial plants, including, but not limited to, railroad classification yards.(F) Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.(2) Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in subparagraphs (A) to (F) of paragraph (1), inclusive.(3) The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise.(4) The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the states noise insulation standards.(g) (1) A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.(2) The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:(A) Identify information regarding flood hazards, including, but not limited to, the following:(i) Flood hazard zones. As used in this subdivision, flood hazard zone means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by FEMA. The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses permitted within flood hazard zones will be free from flooding or flood damage.(ii) National Flood Insurance Program maps published by FEMA.(iii) Information about flood hazards that is available from the United States Army Corps of Engineers.(iv) Designated floodway maps that are available from the Central Valley Flood Protection Board.(v) Dam failure inundation maps prepared pursuant to Section 6161 of the Water Code that are available from the Department of Water Resources.(vi) Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.(vii) Maps of levee protection zones.(viii) Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.(ix) Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding.(x) Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities.(xi) Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.(B) Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:(i) Avoiding or minimizing the risks of flooding to new development.(ii) Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones.(iii) Maintaining the structural and operational integrity of essential public facilities during flooding.(iv) Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.(v) Establishing cooperative working relationships among public agencies with responsibility for flood protection.(C) Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).(3) Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Researchs most recent publication of Fire Hazard Planning, General Plan Technical Advice Series and shall also include all of the following:(A) Information regarding fire hazards, including, but not limited to, all of the following:(i) Fire hazard severity zone maps available from the Office of the State Fire Marshal.(ii) Any historical data on wildfires available from local agencies or a reference to where the data can be found.(iii) Information about wildfire hazard areas that may be available from the United States Geological Survey.(iv) General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open-space designations of homeowner associations.(v) Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.(B) A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire.(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B), including, but not limited to, all of the following:(i) Avoiding or minimizing the wildfire hazards associated with new uses of land.(ii) Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.(iii) Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.(iv) Working cooperatively with public agencies with responsibility for fire protection.(D) If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or countys adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph.(4) Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Researchs General Plan Guidelines and shall include all of the following:(A) (i) A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3).(ii) Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:(I) Information from the internet-based Cal-Adapt tool.(II) Information from the most recent version of the California Adaptation Planning Guide.(III) Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.(IV) Information from local agencies on their current ability to deal with the impacts of climate change.(V) Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged.(VI) Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities.(VII) Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services.(B) A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B), including, but not limited to, all of the following:(i) Feasible methods to avoid or minimize climate change impacts associated with new uses of land.(ii) The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas.(iii) The designation of adequate and feasible infrastructure located in an at-risk area.(iv) Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.(v) The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For purposes of this clause, natural infrastructure means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.(D) (i) If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document.(ii) Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions, climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met.(5) Upon the next revision of the housing element on or after January 1, 2020, the safety element shall be reviewed and updated as necessary to identify residential developments in any hazard area identified in the safety element that do not have at least two emergency evacuation routes.(6) Upon the next revision of the housing element or the hazard mitigation plan on or after January 1, 2026, whichever occurs first, the safety element shall be reviewed and updated as necessary to include a comprehensive retrofit strategy for residential developments and infrastructure to improve safety and reduce the risk of property loss and damage during wildfires. The comprehensive retrofit strategy shall include, but not be limited to, all of the following:(A) A list of the types of retrofits needed in an area based on fire risk.(B) A process for identifying and inventorying residential structures in need of retrofit for fire hardening, and infrastructure in need of retrofit to support evacuation and emergency response in the event of a disaster. The strategy shall prioritize the identification and inventorying of residential structures in very high fire risk areas.(C) Goals and milestones for completing needed retrofit work.(D) Potential funding sources and financing strategies to pay for needed retrofits on public and private property.(E) Once adopted, the planning agency shall submit the adopted comprehensive retrofit strategy to the Office of Land Use and Climate Innovation for inclusion in the clearinghouse established pursuant to Section 71360 of the Public Resources Code.(6)(7) After the initial revision of the safety element pursuant to paragraphs (2), (3), (4), and (5), and (6), the planning agency shall review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every eight years, to identify new information relating to flood and fire hazards and hazards, climate adaptation and resiliency strategies strategies, and retrofit updates applicable to the city or county that was not available during the previous revision of the safety element.(7)(8) Cities and counties that have flood plain management ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the flood plain ordinance, specifically showing how each requirement of this subdivision has been met.(8)(9) Before the periodic review of its general plan and before preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision.(9)(10) To the extent that a countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys planning area in satisfaction of the requirement imposed by this subdivision.(11) For purposes of this subdivision, very high fire risk area means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.(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 civic 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 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 Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code.
65302. The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:(a) A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:(1) Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5).(2) Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.(A) In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources.(B) The following definitions govern this paragraph:(i) Military readiness activities mean all of the following:(I) Training, support, and operations that prepare the members of the military for combat.(II) Operation, maintenance, and security of any military installation.(III) Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.(ii) Military installation means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined in paragraph (1) of subsection (e) of Section 2687 of Title 10 of the United States Code.(b) (1) A circulation element consisting 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, all correlated with the land use element of the plan.(2) (A) Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan.(B) Upon any substantive revision of the circulation element on or after January 1, 2025, the legislative body shall do all of the following:(i) Incorporate the principles of the Federal Highway Administrations Safe System Approach, in the circulation element by including policies that aim to eliminate fatal and serious injuries for all road users through a holistic view of the roadway system, including provisions that account for human error, recognize vulnerable road users, and promote redundant and proactive safety measures.(ii) Develop bicycle plans, pedestrian plans, and traffic calming plans based on the policies and goals in the circulation element that shall address all of the following for any urbanized area within the scope of the general plan:(I) Identify safety corridors and any land or facility that generates high concentrations of bicyclists or pedestrians.(II) Use evidence-based strategies, including strategies identified in the United States Department of Transportations Strategic Highway Safety Plan to develop safety measures specific to those areas that are intended to eliminate traffic fatalities, with an emphasis on fatalities of bicyclists, pedestrians, and users of any other form of micromobility device in the areas identified in subclause (I).(III) Set goals for initiation and completion of all actions identified in the plans within 25 years of the date of adoption of the modified circulation element based upon projected development activities within urbanized areas within the scope of the general plan and projected availability of revenues.(C) (i) A county or city shall begin implementation of the modified circulation element plan specified in subparagraph (B) within two years of the date of adoption of the plan.(ii) A county or city shall regularly review the progress towards and identify impediments to completing implementation of the plan for a multimodal transportation network, including all bicycle plans, pedestrian plans, and traffic calming plans iterated in the modified circulation element, and the construction of any related infrastructure.(iii) A county or city shall consider revising the circulation element if, following the review under clause (ii), the county or city determines it will not reach the goals of the bicycle, pedestrian, or traffic calming plans within 25 years of the date of adoption of the modified circulation element.(D) For the purposes of this paragraph, the following definitions shall apply:(i) Business activity district has the same meaning as defined in Section 22358.9 of the Vehicle Code.(ii) Land facilities that generate high concentrations of bicyclists or pedestrians has the same meaning as described in Section 22358.7 of the Vehicle Code.(iii) Micromobility device means a bicycle, electric bicycle, or motorized scooter as those terms are defined and described in Division 1 (commencing with Section 100) of the Vehicle Code.(iv) Safety corridor has the same meaning as defined in Section 22358.7 of the Vehicle Code.(v) Urbanized area has the same meaning as defined in Section 21071 of the Public Resources Code.(E) For purposes of this paragraph, users of streets, roads, and highways mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.(c) A housing element as provided in Article 10.6 (commencing with Section 65580).(d) (1) A conservation element for the conservation, development, and utilization of natural resources, including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on the movement of wildlife and habitat connectivity. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county.(2) The conservation element may also cover all of the following:(A) The reclamation of land and waters.(B) Prevention and control of the pollution of streams and other waters.(C) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.(D) Prevention, control, and correction of the erosion of soils, beaches, and shores.(E) Protection of watersheds.(F) The location, quantity, and quality of the rock, sand, and gravel resources.(3) Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management.(4) Upon the adoption or next revision of one or more elements on or after January 1, 2028, the conservation element shall be updated to:(A) Identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, as those terms are defined in Section 158 of the Streets and Highways Code.(B) Identify and analyze existing or planned wildlife passage features, as defined in Section 158 of the Streets and Highways Code, including, but not limited to, wildlife passage features included in the inventory of connectivity needs on the state highway system, as described in Section 158.1 of the Streets and Highways Code, to ensure that planned development does not undermine the effectiveness of existing and potential wildlife passage features, as defined in Section 158 of the Streets and Highways Code.(C) (i) Consider the impacts of development and the barriers caused by development to wildlife and habitat connectivity.(ii) For the purposes of this subparagraph, wildlife has the same meaning as defined in Section 89.5 of the Fish and Game Code.(D) Avoid, minimize, or mitigate impacts and barriers to wildlife movement to the extent feasible.(E) Analyze and consider opportunities to remediate existing barriers to wildlife connectivity and restore degraded habitat and open space.(5) If a city, county, or city and county has already included policies in existing plans, including its certified local coastal plan, that meet the requirements of paragraph (4), the city, county, or city and county may incorporate the plan by reference into the general plan to comply with this section.(6) In preparing to update the conservation element, the city, county, or city and county may do any of the following:(A) Consider incorporating appropriate standards, policies, and feasible implementation programs such as wildlife-friendly fencing and lighting, buffers from sensitive resources, prohibitions on invasive plants, habitat connectivity overlay zones, and compact development standards, or consider whether adoption of ordinances is necessary to feasibly implement these standards, policies, and implementation programs, and include goals to adopt any necessary ordinances.(B) Consult with the Department of Fish and Wildlife, any California Native American tribe that is on the contact list maintained by the Native American Heritage Commission and that has traditional lands located within the city, county, or city and countys jurisdiction, and any open-space district that owns lands designated for conservation within the city, county, or city and countys jurisdiction. Upon receiving a request for consultation, the department, tribe, or district may, in its sole discretion, accept or refuse to consult, based on the priority of natural resources impacted or other factors.(C) Consider relevant best available science as appropriate, including, but not limited to, peer-reviewed literature, citable publicly available datasets, publicly sourced online datasets, and information and reports from government agencies, California Native American tribes, and academic institutions.(D) Consider the most appropriately scaled scientific information on linkages, corridors, and other locations that are essential to maintain landscape connectivity, including, but not limited to, any of the following:(i) Habitat linkages and wildlife corridors, such as those identified and summarized in the Areas of Conservation Emphasis, as defined by subdivision (a) of Section 1851 of the Fish and Game Code, and in regional habitat connectivity assessments.(ii) Wildlife corridors, such as migration corridors identified by global positioning system collar studies.(iii) Wildlife movement barriers, such as connectivity areas, as defined by subdivision (a) of Section 158 of the Street and Highways Code, and barriers identified by the Department of Fish and Wildlifes Restoring Californias Wildlife Connectivity report.(iv) Other connectivity considerations, such as those outlined in the State Wildlife Action Plan, habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code, natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code, regional conservation investment strategies approved pursuant to Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code, and other relevant plans, policies, and ordinances adopted by neighboring jurisdictions.(7) In preparing to update the conservation element, the city, county, or city and county may consult with other appropriate local, state, or federal agencies, or academic institutions, as deemed appropriate by the city or county.(8) The city, county, or city and county may meet the requirements in paragraphs (4) through (6), inclusive, in a separate component or section of the general plan entitled a wildlife connectivity element.(e) An open-space element as provided in Article 10.5 (commencing with Section 65560).(f) (1) A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:(A) Highways and freeways.(B) Primary arterials and major local streets.(C) Passenger and freight online railroad operations and ground rapid transit systems.(D) Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation.(E) Local industrial plants, including, but not limited to, railroad classification yards.(F) Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.(2) Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in subparagraphs (A) to (F) of paragraph (1), inclusive.(3) The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise.(4) The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the states noise insulation standards.(g) (1) A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.(2) The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:(A) Identify information regarding flood hazards, including, but not limited to, the following:(i) Flood hazard zones. As used in this subdivision, flood hazard zone means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by FEMA. The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses permitted within flood hazard zones will be free from flooding or flood damage.(ii) National Flood Insurance Program maps published by FEMA.(iii) Information about flood hazards that is available from the United States Army Corps of Engineers.(iv) Designated floodway maps that are available from the Central Valley Flood Protection Board.(v) Dam failure inundation maps prepared pursuant to Section 6161 of the Water Code that are available from the Department of Water Resources.(vi) Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.(vii) Maps of levee protection zones.(viii) Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.(ix) Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding.(x) Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities.(xi) Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.(B) Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:(i) Avoiding or minimizing the risks of flooding to new development.(ii) Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones.(iii) Maintaining the structural and operational integrity of essential public facilities during flooding.(iv) Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.(v) Establishing cooperative working relationships among public agencies with responsibility for flood protection.(C) Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).(3) Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Researchs most recent publication of Fire Hazard Planning, General Plan Technical Advice Series and shall also include all of the following:(A) Information regarding fire hazards, including, but not limited to, all of the following:(i) Fire hazard severity zone maps available from the Office of the State Fire Marshal.(ii) Any historical data on wildfires available from local agencies or a reference to where the data can be found.(iii) Information about wildfire hazard areas that may be available from the United States Geological Survey.(iv) General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open-space designations of homeowner associations.(v) Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.(B) A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire.(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B), including, but not limited to, all of the following:(i) Avoiding or minimizing the wildfire hazards associated with new uses of land.(ii) Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.(iii) Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.(iv) Working cooperatively with public agencies with responsibility for fire protection.(D) If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or countys adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph.(4) Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Researchs General Plan Guidelines and shall include all of the following:(A) (i) A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3).(ii) Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:(I) Information from the internet-based Cal-Adapt tool.(II) Information from the most recent version of the California Adaptation Planning Guide.(III) Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.(IV) Information from local agencies on their current ability to deal with the impacts of climate change.(V) Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged.(VI) Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities.(VII) Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services.(B) A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B), including, but not limited to, all of the following:(i) Feasible methods to avoid or minimize climate change impacts associated with new uses of land.(ii) The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas.(iii) The designation of adequate and feasible infrastructure located in an at-risk area.(iv) Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.(v) The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For purposes of this clause, natural infrastructure means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.(D) (i) If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document.(ii) Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions, climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met.(5) Upon the next revision of the housing element on or after January 1, 2020, the safety element shall be reviewed and updated as necessary to identify residential developments in any hazard area identified in the safety element that do not have at least two emergency evacuation routes.(6) Upon the next revision of the housing element or the hazard mitigation plan on or after January 1, 2026, whichever occurs first, the safety element shall be reviewed and updated as necessary to include a comprehensive retrofit strategy for residential developments and infrastructure to improve safety and reduce the risk of property loss and damage during wildfires. The comprehensive retrofit strategy shall include, but not be limited to, all of the following:(A) A list of the types of retrofits needed in an area based on fire risk.(B) A process for identifying and inventorying residential structures in need of retrofit for fire hardening, and infrastructure in need of retrofit to support evacuation and emergency response in the event of a disaster. The strategy shall prioritize the identification and inventorying of residential structures in very high fire risk areas.(C) Goals and milestones for completing needed retrofit work.(D) Potential funding sources and financing strategies to pay for needed retrofits on public and private property.(E) Once adopted, the planning agency shall submit the adopted comprehensive retrofit strategy to the Office of Land Use and Climate Innovation for inclusion in the clearinghouse established pursuant to Section 71360 of the Public Resources Code.(6)(7) After the initial revision of the safety element pursuant to paragraphs (2), (3), (4), and (5), and (6), the planning agency shall review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every eight years, to identify new information relating to flood and fire hazards and hazards, climate adaptation and resiliency strategies strategies, and retrofit updates applicable to the city or county that was not available during the previous revision of the safety element.(7)(8) Cities and counties that have flood plain management ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the flood plain ordinance, specifically showing how each requirement of this subdivision has been met.(8)(9) Before the periodic review of its general plan and before preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision.(9)(10) To the extent that a countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys planning area in satisfaction of the requirement imposed by this subdivision.(11) For purposes of this subdivision, very high fire risk area means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.(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 civic 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 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 Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code.
65302. The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:
(a) A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:
(1) Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5).
(2) Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.
(A) In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources.
(B) The following definitions govern this paragraph:
(i) Military readiness activities mean all of the following:
(I) Training, support, and operations that prepare the members of the military for combat.
(II) Operation, maintenance, and security of any military installation.
(III) Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.
(ii) Military installation means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined in paragraph (1) of subsection (e) of Section 2687 of Title 10 of the United States Code.
(b) (1) A circulation element consisting 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, all correlated with the land use element of the plan.
(2) (A) Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan.
(B) Upon any substantive revision of the circulation element on or after January 1, 2025, the legislative body shall do all of the following:
(i) Incorporate the principles of the Federal Highway Administrations Safe System Approach, in the circulation element by including policies that aim to eliminate fatal and serious injuries for all road users through a holistic view of the roadway system, including provisions that account for human error, recognize vulnerable road users, and promote redundant and proactive safety measures.
(ii) Develop bicycle plans, pedestrian plans, and traffic calming plans based on the policies and goals in the circulation element that shall address all of the following for any urbanized area within the scope of the general plan:
(I) Identify safety corridors and any land or facility that generates high concentrations of bicyclists or pedestrians.
(II) Use evidence-based strategies, including strategies identified in the United States Department of Transportations Strategic Highway Safety Plan to develop safety measures specific to those areas that are intended to eliminate traffic fatalities, with an emphasis on fatalities of bicyclists, pedestrians, and users of any other form of micromobility device in the areas identified in subclause (I).
(III) Set goals for initiation and completion of all actions identified in the plans within 25 years of the date of adoption of the modified circulation element based upon projected development activities within urbanized areas within the scope of the general plan and projected availability of revenues.
(C) (i) A county or city shall begin implementation of the modified circulation element plan specified in subparagraph (B) within two years of the date of adoption of the plan.
(ii) A county or city shall regularly review the progress towards and identify impediments to completing implementation of the plan for a multimodal transportation network, including all bicycle plans, pedestrian plans, and traffic calming plans iterated in the modified circulation element, and the construction of any related infrastructure.
(iii) A county or city shall consider revising the circulation element if, following the review under clause (ii), the county or city determines it will not reach the goals of the bicycle, pedestrian, or traffic calming plans within 25 years of the date of adoption of the modified circulation element.
(D) For the purposes of this paragraph, the following definitions shall apply:
(i) Business activity district has the same meaning as defined in Section 22358.9 of the Vehicle Code.
(ii) Land facilities that generate high concentrations of bicyclists or pedestrians has the same meaning as described in Section 22358.7 of the Vehicle Code.
(iii) Micromobility device means a bicycle, electric bicycle, or motorized scooter as those terms are defined and described in Division 1 (commencing with Section 100) of the Vehicle Code.
(iv) Safety corridor has the same meaning as defined in Section 22358.7 of the Vehicle Code.
(v) Urbanized area has the same meaning as defined in Section 21071 of the Public Resources Code.
(E) For purposes of this paragraph, users of streets, roads, and highways mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.
(c) A housing element as provided in Article 10.6 (commencing with Section 65580).
(d) (1) A conservation element for the conservation, development, and utilization of natural resources, including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on the movement of wildlife and habitat connectivity. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county.
(2) The conservation element may also cover all of the following:
(A) The reclamation of land and waters.
(B) Prevention and control of the pollution of streams and other waters.
(C) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.
(D) Prevention, control, and correction of the erosion of soils, beaches, and shores.
(E) Protection of watersheds.
(F) The location, quantity, and quality of the rock, sand, and gravel resources.
(3) Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management.
(4) Upon the adoption or next revision of one or more elements on or after January 1, 2028, the conservation element shall be updated to:
(A) Identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, as those terms are defined in Section 158 of the Streets and Highways Code.
(B) Identify and analyze existing or planned wildlife passage features, as defined in Section 158 of the Streets and Highways Code, including, but not limited to, wildlife passage features included in the inventory of connectivity needs on the state highway system, as described in Section 158.1 of the Streets and Highways Code, to ensure that planned development does not undermine the effectiveness of existing and potential wildlife passage features, as defined in Section 158 of the Streets and Highways Code.
(C) (i) Consider the impacts of development and the barriers caused by development to wildlife and habitat connectivity.
(ii) For the purposes of this subparagraph, wildlife has the same meaning as defined in Section 89.5 of the Fish and Game Code.
(D) Avoid, minimize, or mitigate impacts and barriers to wildlife movement to the extent feasible.
(E) Analyze and consider opportunities to remediate existing barriers to wildlife connectivity and restore degraded habitat and open space.
(5) If a city, county, or city and county has already included policies in existing plans, including its certified local coastal plan, that meet the requirements of paragraph (4), the city, county, or city and county may incorporate the plan by reference into the general plan to comply with this section.
(6) In preparing to update the conservation element, the city, county, or city and county may do any of the following:
(A) Consider incorporating appropriate standards, policies, and feasible implementation programs such as wildlife-friendly fencing and lighting, buffers from sensitive resources, prohibitions on invasive plants, habitat connectivity overlay zones, and compact development standards, or consider whether adoption of ordinances is necessary to feasibly implement these standards, policies, and implementation programs, and include goals to adopt any necessary ordinances.
(B) Consult with the Department of Fish and Wildlife, any California Native American tribe that is on the contact list maintained by the Native American Heritage Commission and that has traditional lands located within the city, county, or city and countys jurisdiction, and any open-space district that owns lands designated for conservation within the city, county, or city and countys jurisdiction. Upon receiving a request for consultation, the department, tribe, or district may, in its sole discretion, accept or refuse to consult, based on the priority of natural resources impacted or other factors.
(C) Consider relevant best available science as appropriate, including, but not limited to, peer-reviewed literature, citable publicly available datasets, publicly sourced online datasets, and information and reports from government agencies, California Native American tribes, and academic institutions.
(D) Consider the most appropriately scaled scientific information on linkages, corridors, and other locations that are essential to maintain landscape connectivity, including, but not limited to, any of the following:
(i) Habitat linkages and wildlife corridors, such as those identified and summarized in the Areas of Conservation Emphasis, as defined by subdivision (a) of Section 1851 of the Fish and Game Code, and in regional habitat connectivity assessments.
(ii) Wildlife corridors, such as migration corridors identified by global positioning system collar studies.
(iii) Wildlife movement barriers, such as connectivity areas, as defined by subdivision (a) of Section 158 of the Street and Highways Code, and barriers identified by the Department of Fish and Wildlifes Restoring Californias Wildlife Connectivity report.
(iv) Other connectivity considerations, such as those outlined in the State Wildlife Action Plan, habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code, natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code, regional conservation investment strategies approved pursuant to Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code, and other relevant plans, policies, and ordinances adopted by neighboring jurisdictions.
(7) In preparing to update the conservation element, the city, county, or city and county may consult with other appropriate local, state, or federal agencies, or academic institutions, as deemed appropriate by the city or county.
(8) The city, county, or city and county may meet the requirements in paragraphs (4) through (6), inclusive, in a separate component or section of the general plan entitled a wildlife connectivity element.
(e) An open-space element as provided in Article 10.5 (commencing with Section 65560).
(f) (1) A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:
(A) Highways and freeways.
(B) Primary arterials and major local streets.
(C) Passenger and freight online railroad operations and ground rapid transit systems.
(D) Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation.
(E) Local industrial plants, including, but not limited to, railroad classification yards.
(F) Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.
(2) Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in subparagraphs (A) to (F) of paragraph (1), inclusive.
(3) The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise.
(4) The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the states noise insulation standards.
(g) (1) A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.
(2) The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:
(A) Identify information regarding flood hazards, including, but not limited to, the following:
(i) Flood hazard zones. As used in this subdivision, flood hazard zone means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by FEMA. The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses permitted within flood hazard zones will be free from flooding or flood damage.
(ii) National Flood Insurance Program maps published by FEMA.
(iii) Information about flood hazards that is available from the United States Army Corps of Engineers.
(iv) Designated floodway maps that are available from the Central Valley Flood Protection Board.
(v) Dam failure inundation maps prepared pursuant to Section 6161 of the Water Code that are available from the Department of Water Resources.
(vi) Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.
(vii) Maps of levee protection zones.
(viii) Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.
(ix) Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding.
(x) Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities.
(xi) Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.
(B) Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:
(i) Avoiding or minimizing the risks of flooding to new development.
(ii) Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones.
(iii) Maintaining the structural and operational integrity of essential public facilities during flooding.
(iv) Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.
(v) Establishing cooperative working relationships among public agencies with responsibility for flood protection.
(C) Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).
(3) Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Researchs most recent publication of Fire Hazard Planning, General Plan Technical Advice Series and shall also include all of the following:
(A) Information regarding fire hazards, including, but not limited to, all of the following:
(i) Fire hazard severity zone maps available from the Office of the State Fire Marshal.
(ii) Any historical data on wildfires available from local agencies or a reference to where the data can be found.
(iii) Information about wildfire hazard areas that may be available from the United States Geological Survey.
(iv) General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open-space designations of homeowner associations.
(v) Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.
(B) A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire.
(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B), including, but not limited to, all of the following:
(i) Avoiding or minimizing the wildfire hazards associated with new uses of land.
(ii) Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.
(iii) Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.
(iv) Working cooperatively with public agencies with responsibility for fire protection.
(D) If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or countys adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph.
(4) Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Researchs General Plan Guidelines and shall include all of the following:
(A) (i) A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3).
(ii) Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:
(I) Information from the internet-based Cal-Adapt tool.
(II) Information from the most recent version of the California Adaptation Planning Guide.
(III) Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.
(IV) Information from local agencies on their current ability to deal with the impacts of climate change.
(V) Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged.
(VI) Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities.
(VII) Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services.
(B) A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.
(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B), including, but not limited to, all of the following:
(i) Feasible methods to avoid or minimize climate change impacts associated with new uses of land.
(ii) The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas.
(iii) The designation of adequate and feasible infrastructure located in an at-risk area.
(iv) Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.
(v) The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For purposes of this clause, natural infrastructure means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.
(D) (i) If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document.
(ii) Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions, climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met.
(5) Upon the next revision of the housing element on or after January 1, 2020, the safety element shall be reviewed and updated as necessary to identify residential developments in any hazard area identified in the safety element that do not have at least two emergency evacuation routes.
(6) Upon the next revision of the housing element or the hazard mitigation plan on or after January 1, 2026, whichever occurs first, the safety element shall be reviewed and updated as necessary to include a comprehensive retrofit strategy for residential developments and infrastructure to improve safety and reduce the risk of property loss and damage during wildfires. The comprehensive retrofit strategy shall include, but not be limited to, all of the following:
(A) A list of the types of retrofits needed in an area based on fire risk.
(B) A process for identifying and inventorying residential structures in need of retrofit for fire hardening, and infrastructure in need of retrofit to support evacuation and emergency response in the event of a disaster. The strategy shall prioritize the identification and inventorying of residential structures in very high fire risk areas.
(C) Goals and milestones for completing needed retrofit work.
(D) Potential funding sources and financing strategies to pay for needed retrofits on public and private property.
(E) Once adopted, the planning agency shall submit the adopted comprehensive retrofit strategy to the Office of Land Use and Climate Innovation for inclusion in the clearinghouse established pursuant to Section 71360 of the Public Resources Code.
(6)
(7) After the initial revision of the safety element pursuant to paragraphs (2), (3), (4), and (5), and (6), the planning agency shall review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every eight years, to identify new information relating to flood and fire hazards and hazards, climate adaptation and resiliency strategies strategies, and retrofit updates applicable to the city or county that was not available during the previous revision of the safety element.
(7)
(8) Cities and counties that have flood plain management ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the flood plain ordinance, specifically showing how each requirement of this subdivision has been met.
(8)
(9) Before the periodic review of its general plan and before preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision.
(9)
(10) To the extent that a countys safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the countys safety element that pertains to the citys planning area in satisfaction of the requirement imposed by this subdivision.
(11) For purposes of this subdivision, very high fire risk area means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.
(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 civic 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 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 Developments list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code.
SEC. 3. Section 65302.11 is added to the Government Code, to read:65302.11. (a) Upon each revision of the housing element on or after January 1, 2026, each city or county that contains residential structures in a very high fire risk area shall amend the land use element of its general plan to contain all of the following with respect to residential lands located within a very high fire risk area:(1) (A) The goals contained in the most recent Strategic Fire Plan for California prepared by the Department of Forestry and Fire Protection.(B) The locations of all very high fire risk areas within the city or county.(C) The data and analysis described in the Office of Land Use and Climate Innovations most recent publication of Fire Hazard PlanningGeneral Plan Technical Advice Series.(D) The goals of any local hazard mitigation plan, community wildfire protection plan, and climate adaptation plan that has been adopted by the governing body of the city or county.(2) Objectives and policies, based on the goals, data, and analysis identified pursuant to paragraph (1), for the protection of lives and property from unreasonable risk of wildfire. These objectives and policies shall take into consideration, and be consistent with, the information, goals, policies, objectives, and implementation measures included in the safety element in accordance with paragraph (3) of subdivision (g) of Section 65302.(3) Feasible implementation measures designed to carry out the goals, objectives, and policies established pursuant to this subdivision.(b) After the initial amendment of the land use element pursuant to subdivision (a), the governing body of the city or county shall review, upon each subsequent revision of the housing element, but not less than once every eight years, the designation of lands within the jurisdiction as very high fire hazard severity zones pursuant to subdivision (b) of Section 51179. Upon each review, the governing body shall make written findings, based upon substantial evidence, supporting the determinations made in accordance with subdivision (b) of Section 51179.(c) For purposes of this section, very high fire risk area means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.
SEC. 3. Section 65302.11 is added to the Government Code, to read:
### SEC. 3.
65302.11. (a) Upon each revision of the housing element on or after January 1, 2026, each city or county that contains residential structures in a very high fire risk area shall amend the land use element of its general plan to contain all of the following with respect to residential lands located within a very high fire risk area:(1) (A) The goals contained in the most recent Strategic Fire Plan for California prepared by the Department of Forestry and Fire Protection.(B) The locations of all very high fire risk areas within the city or county.(C) The data and analysis described in the Office of Land Use and Climate Innovations most recent publication of Fire Hazard PlanningGeneral Plan Technical Advice Series.(D) The goals of any local hazard mitigation plan, community wildfire protection plan, and climate adaptation plan that has been adopted by the governing body of the city or county.(2) Objectives and policies, based on the goals, data, and analysis identified pursuant to paragraph (1), for the protection of lives and property from unreasonable risk of wildfire. These objectives and policies shall take into consideration, and be consistent with, the information, goals, policies, objectives, and implementation measures included in the safety element in accordance with paragraph (3) of subdivision (g) of Section 65302.(3) Feasible implementation measures designed to carry out the goals, objectives, and policies established pursuant to this subdivision.(b) After the initial amendment of the land use element pursuant to subdivision (a), the governing body of the city or county shall review, upon each subsequent revision of the housing element, but not less than once every eight years, the designation of lands within the jurisdiction as very high fire hazard severity zones pursuant to subdivision (b) of Section 51179. Upon each review, the governing body shall make written findings, based upon substantial evidence, supporting the determinations made in accordance with subdivision (b) of Section 51179.(c) For purposes of this section, very high fire risk area means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.
65302.11. (a) Upon each revision of the housing element on or after January 1, 2026, each city or county that contains residential structures in a very high fire risk area shall amend the land use element of its general plan to contain all of the following with respect to residential lands located within a very high fire risk area:(1) (A) The goals contained in the most recent Strategic Fire Plan for California prepared by the Department of Forestry and Fire Protection.(B) The locations of all very high fire risk areas within the city or county.(C) The data and analysis described in the Office of Land Use and Climate Innovations most recent publication of Fire Hazard PlanningGeneral Plan Technical Advice Series.(D) The goals of any local hazard mitigation plan, community wildfire protection plan, and climate adaptation plan that has been adopted by the governing body of the city or county.(2) Objectives and policies, based on the goals, data, and analysis identified pursuant to paragraph (1), for the protection of lives and property from unreasonable risk of wildfire. These objectives and policies shall take into consideration, and be consistent with, the information, goals, policies, objectives, and implementation measures included in the safety element in accordance with paragraph (3) of subdivision (g) of Section 65302.(3) Feasible implementation measures designed to carry out the goals, objectives, and policies established pursuant to this subdivision.(b) After the initial amendment of the land use element pursuant to subdivision (a), the governing body of the city or county shall review, upon each subsequent revision of the housing element, but not less than once every eight years, the designation of lands within the jurisdiction as very high fire hazard severity zones pursuant to subdivision (b) of Section 51179. Upon each review, the governing body shall make written findings, based upon substantial evidence, supporting the determinations made in accordance with subdivision (b) of Section 51179.(c) For purposes of this section, very high fire risk area means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.
65302.11. (a) Upon each revision of the housing element on or after January 1, 2026, each city or county that contains residential structures in a very high fire risk area shall amend the land use element of its general plan to contain all of the following with respect to residential lands located within a very high fire risk area:(1) (A) The goals contained in the most recent Strategic Fire Plan for California prepared by the Department of Forestry and Fire Protection.(B) The locations of all very high fire risk areas within the city or county.(C) The data and analysis described in the Office of Land Use and Climate Innovations most recent publication of Fire Hazard PlanningGeneral Plan Technical Advice Series.(D) The goals of any local hazard mitigation plan, community wildfire protection plan, and climate adaptation plan that has been adopted by the governing body of the city or county.(2) Objectives and policies, based on the goals, data, and analysis identified pursuant to paragraph (1), for the protection of lives and property from unreasonable risk of wildfire. These objectives and policies shall take into consideration, and be consistent with, the information, goals, policies, objectives, and implementation measures included in the safety element in accordance with paragraph (3) of subdivision (g) of Section 65302.(3) Feasible implementation measures designed to carry out the goals, objectives, and policies established pursuant to this subdivision.(b) After the initial amendment of the land use element pursuant to subdivision (a), the governing body of the city or county shall review, upon each subsequent revision of the housing element, but not less than once every eight years, the designation of lands within the jurisdiction as very high fire hazard severity zones pursuant to subdivision (b) of Section 51179. Upon each review, the governing body shall make written findings, based upon substantial evidence, supporting the determinations made in accordance with subdivision (b) of Section 51179.(c) For purposes of this section, very high fire risk area means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.
65302.11. (a) Upon each revision of the housing element on or after January 1, 2026, each city or county that contains residential structures in a very high fire risk area shall amend the land use element of its general plan to contain all of the following with respect to residential lands located within a very high fire risk area:
(1) (A) The goals contained in the most recent Strategic Fire Plan for California prepared by the Department of Forestry and Fire Protection.
(B) The locations of all very high fire risk areas within the city or county.
(C) The data and analysis described in the Office of Land Use and Climate Innovations most recent publication of Fire Hazard PlanningGeneral Plan Technical Advice Series.
(D) The goals of any local hazard mitigation plan, community wildfire protection plan, and climate adaptation plan that has been adopted by the governing body of the city or county.
(2) Objectives and policies, based on the goals, data, and analysis identified pursuant to paragraph (1), for the protection of lives and property from unreasonable risk of wildfire. These objectives and policies shall take into consideration, and be consistent with, the information, goals, policies, objectives, and implementation measures included in the safety element in accordance with paragraph (3) of subdivision (g) of Section 65302.
(3) Feasible implementation measures designed to carry out the goals, objectives, and policies established pursuant to this subdivision.
(b) After the initial amendment of the land use element pursuant to subdivision (a), the governing body of the city or county shall review, upon each subsequent revision of the housing element, but not less than once every eight years, the designation of lands within the jurisdiction as very high fire hazard severity zones pursuant to subdivision (b) of Section 51179. Upon each review, the governing body shall make written findings, based upon substantial evidence, supporting the determinations made in accordance with subdivision (b) of Section 51179.
(c) For purposes of this section, very high fire risk area means any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the State Fire Marshal pursuant to Section 4202 of the Public Resources Code, or as designated pursuant to subdivisions (a) and (b) of Section 51179.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
### SEC. 4.
It is the intent of the Legislature to enact legislation to better align community emergency response and land use planning in areas susceptible to natural disasters to ensure public safety.