BILL NUMBER: AB 857 CHAPTERED BILL TEXT CHAPTER 1016 FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2002 APPROVED BY GOVERNOR SEPTEMBER 28, 2002 PASSED THE SENATE AUGUST 29, 2002 PASSED THE ASSEMBLY AUGUST 29, 2002 CONFERENCE REPORT NO. 1 PROPOSED IN CONFERENCE AUGUST 26, 2002 AMENDED IN SENATE SEPTEMBER 7, 2001 AMENDED IN SENATE JUNE 27, 2001 INTRODUCED BY Assembly Member Wiggins (Principal coauthor: Senator Sher) FEBRUARY 22, 2001 An act to amend Sections 13102, 13103, 65041, 65042, 65048, 65049, and 66037 of, and to add Sections 65041.1 and 65404 to, the Government Code, relating to state planning. LEGISLATIVE COUNSEL'S DIGEST AB 857, Wiggins. Infrastructure planning: priorities and funding. (1) Existing law requires the Governor, in conjunction with the Governor's Budget, to submit annually to the Legislature a proposed 5-year infrastructure plan containing specified information concerning infrastructure needed by state agencies, schools, and postsecondary educational institutions and a proposal for funding the needed infrastructure. This bill would clarify the information that is required to be included in a proposal for funding state infrastructure identified in the 5-year plan. (2) Existing law requires the Governor to prepare and cause to be maintained, reviewed, and revised a comprehensive State Environmental Goals and Policy Report. This bill would require any revision to the report on and after January 1, 2004, to provide that the goals are consistent with state planning priorities, and would require a state agency that requests infrastructure to specify how that infrastructure is consistent with those priorities. This bill would define those priorities, which relate to infrastructure that supports infill development and redevelopment, cultural and historic resources, environmental and agricultural resources, and efficient development patterns. (3) Existing law establishes proceedings for the mediation and resolution of land use disputes and makes those proceedings applicable to specified actions filed prior to January 1, 2002. This bill would extend that date to January 1, 2006. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 13102 of the Government Code is amended to read: 13102. In conjunction with the Governor's Budget submitted pursuant to Section 13337, the Governor shall submit annually a proposed five-year infrastructure plan to the Legislature. This plan shall cover a five-fiscal-year period beginning with the fiscal year that is the same as that covered by the Governor's Budget with which it is being submitted. The infrastructure plan shall contain the following information for the five years that it covers: (a) (1) Identification of new, rehabilitated, modernized, improved, or renovated infrastructure requested by state agencies . (2) Aggregate funding for transportation as identified in the four-year State Transportation Improvement Program Fund Estimate prepared pursuant to Sections 14524 and 14525. (3) Infrastructure needs for Kindergarten through grade 12 public schools necessary to accommodate increased enrollment, class size reduction, and school modernization. (4) The instructional and instructional support facilities needs for the University of California, the California State University, and the California Community Colleges. (b) The estimated cost of providing the infrastructure identified in subdivision (a). (c) A proposal for funding the infrastructure identified in subdivision (a), that includes all of the following : (1) Criteria and priorities used to identify and select the infrastructure it does propose to fund, including criteria used to identify and select infrastructure that by January 1, 2005, shall be consistent with the state planning priorities specified pursuant to Section 65041.1 for infrastructure requested by state agencies pursuant to paragraph (1) of subdivision (a). (2) Sources of funding, including, but not limited to, General Fund, state special funds, federal funds, general obligation bonds, lease revenue bonds, and installment purchases. (3) An evaluation of the impact of the new state debt on the state' s existing overall debt position if the plan proposes the issuance of new state debt. (4) (A) Recommended specific projects for funding or the recommended type and amount of infrastructure to be funded in order to meet programmatic objectives that shall be identified in the proposal. (B) Any capital outlay or local assistance appropriations intended to fund infrastructure included in the Governor's Budget shall derive from, and be encompassed by, the funding proposal contained in the plan. SEC. 2. Section 13103 of the Government Code is amended to read: 13103. By January 1, 2005, if a state agency requests infrastructure pursuant to paragraph (1) of subdivision (a) of Section 13102, that agency shall specify how that infrastructure is consistent with the state planning priorities specified pursuant to Section 65041.1. The Governor may also order any entity of state government to assist in preparation of the infrastructure plan. SEC. 3. Section 65041 of the Government Code is amended to read: 65041. The Governor shall prepare and thereafter shall cause to be maintained, regularly reviewed, and revised a comprehensive State Environmental Goals and Policy Report. In the preparation of the report, priority shall be given to the development of statewide land use policy, including the recommendations resulting from the land use planning and implementation program set forth in Section 65040.6, and including the recommendations of the Planning Advisory and Assistance Council established pursuant to subdivision (a) of Section 65040.6. The report shall contain, but not be limited to, the following: (a) An overview, looking 20 to 30 years ahead, of state growth and development and a statement of approved state environmental goals and objectives, including those directed to land use, population growth and distribution, development, the conservation of natural resources, and air and water quality. (b) Description of new and revised state policies, programs and other actions of the executive and legislative branches required to implement statewide environmental goals, including intermediate-range plans and actions directed to natural resources, human resources and transportation. (c) On and after January 1, 2004, any revision to the report shall provide that the goals are consistent with the state planning priorities specified pursuant to Section 65041.1. SEC. 4. Section 65041.1 is added to the Government Code, to read: 65041.1. The state planning priorities, which are intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety in the state, including in urban, suburban, and rural communities, shall be as follows: (a) To promote infill development and equity by rehabilitating, maintaining, and improving existing infrastructure that supports infill development and appropriate reuse and redevelopment of previously developed, underutilized land that is presently served by transit, streets, water, sewer, and other essential services, particularly in underserved areas, and to preserving cultural and historic resources. (b) To protect environmental and agricultural resources by protecting, preserving, and enhancing the state's most valuable natural resources, including working landscapes such as farm, range, and forest lands, natural lands such as wetlands, watersheds, wildlife habitats, and other wildlands, recreation lands such as parks, trails, greenbelts, and other open space, and landscapes with locally unique features and areas identified by the state as deserving special protection. (c) To encourage efficient development patterns by ensuring that any infrastructure associated with development that is not infill supports new development that uses land efficiently, is built adjacent to existing developed areas to the extent consistent with the priorities specified pursuant to subdivision (b), is in an area appropriately planned for growth, is served by adequate transportation and other essential utilities and services, and minimizes ongoing costs to taxpayers. SEC. 5. Section 65042 of the Government Code is amended to read: 65042. Every officer, agency, department, or instrumentality of state government shall do all of the following: (a) Cooperate in the preparation and maintenance of the State Environmental Goals and Policy Report. (b) By January 1, 2005, ensure that their entity's functional plan is consistent with the state planning priorities specified pursuant to Section 65041.1 and annually demonstrate to the office, and to the Department of Finance when requesting infrastructure pursuant to subdivision (a) of Section 13102, how the plans are consistent with those priorities. (c) Comply with any request for advice, assistance, information or other material. SEC. 6. Section 65048 of the Government Code is amended to read: 65048. The State Environmental Goals and Policy Report shall be revised, updated, and transmitted by the Governor to the Legislature every four years. Any revision on and after January 1, 2004, shall be consistent with the state planning priorities specified pursuant to Section 65041.1. The Governor, may at any time, inform and seek advice of the Legislature on proposed changes in state environmental goals, objectives, and policies. SEC. 7. Section 65049 of the Government Code is amended to read: 65049. Following approval of the State Environmental Goals and Policy Report as provided in Section 65046, the report shall serve as a guide for state expenditures. In transmitting the annual budget to the Legislature, information shall be included relating proposed expenditures to the achievement of statewide goals and objectives set forth in the report. SEC. 8. Section 65404 is added to the Government Code, to read: 65404. (a) On or before January 1, 2005, the Governor shall develop conflict resolution processes to do all of the following: (1) Resolve conflicting requirements of two or more state agencies for a local plan, permit, or development project. (2) Resolve conflicts between state functional plans. (3) Resolve conflicts between state infrastructure projects. (b) The conflict resolution process may be requested by a local agency, project applicant, or one or more state agencies. SEC. 9. Section 66037 of the Government Code is amended to read: 66037. No action filed on or after January 1, 2006, shall be subject to this chapter unless a later enacted statute, which is chaptered before January 1, 2006, extends this date or deletes this section.