Santa Monica Municipal Code Ch. 12.02 Sustainability Rights

This Chapter shall be known as the City of Santa Monica Sustainability Rights Ordinance.

(Added by Ord. No. 2421 CCS § 1, adopted 4/9/13; amended by Ord. No. 2611CCS § 10, adopted by 6/25/19)

The City Council finds and declares:

(a) With the exponential growth in human population and its increasing per capita resource consumption, the planet cannot sustain our current way of life, which is destructive to the natural elements upon which all species depend: the air, water, climate, soil and other fundamental elements of the world;

(b) Like all other communities, Santa Monica’s welfare is inextricably bound to the welfare of the natural environment; and the City has therefore long been committed to protecting, preserving and restoring the natural environment and providing a model of environmental sustainability for other communities to utilize;

(c) The City Council of Santa Monica has expressed this commitment through a multitude of enactments and actions, including recognizing both the rights of natural communities and ecosystems within Santa Monica to exist, thrive and evolve and the rights of the individual human beings that make up the City of Santa Monica to a clean, healthy and sustainable environment. The peoples’ rights include, but are not limited to: the right to affordable and accessible water from sustainable water sources for human consumption, cooking, and sanitary purposes, as referenced in Calif. AB 685 (2012); the right to a sustainable energy future based on sustainable renewable energy sources; the right to a sustainable natural climate unaltered by fossil fuel emissions; the right to sustainable, comprehensive waste disposal systems that do not degrade the environment; the right to clean indoor and outdoor air, clean water and clean soil that pose a negligible health risk to the public; and the right to a sustainable food system that provides healthy, locally grown food to the community;

(d) These rights are not sufficiently safeguarded by the existing body of local, national and international environmental policies and laws, which are grossly inadequate to avert the mounting environmental crisis; and

(e) The inadequacy of the current framework of state, national and international policies and laws necessitates re-examination of the underlying societal and legal assumptions about our relationships with the environment and a renewed focus on effectuating these rights.

(Added by Ord. No. 2421 CCS § 1, adopted 4/9/13; amended by Ord. No. 2611CCS § 10, adopted by 6/25/19)

(a) All residents of Santa Monica possess fundamental and inalienable rights to: clean water from sustainable sources; marine waters safe for active and passive recreation; clean indoor and outdoor air; a sustainable food system that provides healthy, locally grown food; a sustainable climate that supports thriving human life and a flourishing biodiverse environment; comprehensive waste disposal systems that do not degrade the environment; and a sustainable energy future based on renewable energy sources.

(b) Natural communities and ecosystems possess fundamental and inalienable rights to exist and flourish in the City of Santa Monica. To effectuate those rights on behalf of the environment, residents of the City may bring actions to protect these natural communities and ecosystems, defined as: groundwater aquifers, atmospheric systems, marine waters, and native species within the boundaries of the City.

(c) All residents of Santa Monica possess the right to self-governance and to a municipal government which recognizes that all power is inherent in the people, that all free governments are founded on the people’s authority and consent, and that corporate entities, and their directors and managers, do not enjoy special privileges or powers under the law that subordinate the community’s rights to their private interests.

(Added by Ord. No. 2421 CCS § 1, adopted 4/9/13; amended by Ord. No. 2611CCS § 10, adopted by 6/25/19)

At least once during every twenty-four-month period, City staff shall prepare a written report to the community on the state of the local environment, the realization of the rights recognized in this Chapter, and the City’s progress in effectuating and enforcing the Sustainable City Plan and the policies and provisions of this Chapter. The report shall include recommendations for advancing and ensuring compliance with the Sustainable City Plan.

(Added by Ord. No. 2421 CCS § 1, adopted 4/9/13; amended by Ord. No. 2611CCS § 10, adopted by 6/25/19)

The City Council will bi-annually review the Sustainability Rights Biennial Report, conduct a public hearing, assess the City’s progress in effectuating and enforcing both the Sustainable City Plan and the policies and provisions of this Chapter, and provide direction to staff to ensure compliance with the Plan’s provisions and with the inherent rights of the people and natural communities of the City of Santa Monica described herein.

(Added by Ord. No. 2421 CCS § 1, adopted 4/9/13; amended by Ord. No. 2611CCS § 10, adopted by 6/25/19)

The City or any City resident may bring an action to enforce any provision of the Santa Monica Municipal Code that advances the goals identified as enforceable in the Sustainable City Plan.

(Added by Ord. No. 2421 CCS § 1, adopted 4/9/13; amended by Ord. No. 2611CCS § 10, adopted by 6/25/19)