EHS Management

Local EJ Ordinance Puts Crimp in Business Development

The city of Los Angeles recently passed an ordinance that could become a model for environmental justice land-use restrictions nationwide. Let’s take a look at a few aspects of the ordinance and how it could affect the compliance efforts of facilities caught in the thick of such local rules.

L.A.’s new “Clean Up Green Up” ordinance designates three communities as “green zones.” These communities are perceived as being at increased risk from pollution. The ordinance mandates that new or expanding operations reduce their environmental impact in the community through such things as buffer areas and landscaping.

A related measure requires strict air filtration standards in new developments within 1,000 feet of a freeway.

The new land-use rules apply to:

  • Construction of a new stand-alone building;
  • A major improvement or addition to an existing building where the total work in a 24-month period is more than 50 percent of the structure’s replacement cost; and
  • An addition of, or change of, use for a number of facility types listed in the ordinance.

Some of the site planning requirements apply to all types of construction, some to a specific facility type (over 700 facility types are listed in the ordinance), and some to projects adjacent to “publicly habitable spaces.” These spaces are residences, hotels, schools, parks, recreation centers, daycare centers, hospitals, medical buildings, and nursing homes.  Requirements for projects near publicly habitable spaces include enclosures to prevent the escape of fugitive emissions and the erection of a 6-foot high, 6-inch thick solid concrete or masonry wall.

Landscaping requirements that apply to all projects include:

  • Buffers for setbacks that abut publicly habitable spaces;
  • The planting of trees or shrubs that are selected by a landscape practitioner for height and environmental qualities such as low water use, low carbon emissions, and foliage retention; and
  • The installation of irrigation systems.

Takeaway

This article reviewed just a few aspects of the new L.A. ordinance. There are many other hoops that businesses in these communities will have to jump through in order to grow. Understandably, industry groups oppose the ordinance.  However, the ordinance is being viewed as a model for other communities in addressing environmental justice issues.

Make sure you are aware of efforts in your community to develop local environmental regulations. Get in on the ground floor to assure that these efforts are realistic and make business sense for your company and other facilities.

Do you need tips and information concerning how your state’s regulations are stricter than the federal? Check out Enviro.BLR.com® for all the information you need to comply with state environmental requirements.

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