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.