BILL NUMBER: AB 361 CHAPTERED BILL TEXT CHAPTER 508 FILED WITH SECRETARY OF STATE SEPTEMBER 25, 2003 APPROVED BY GOVERNOR SEPTEMBER 24, 2003 PASSED THE ASSEMBLY SEPTEMBER 8, 2003 PASSED THE SENATE SEPTEMBER 4, 2003 AMENDED IN SENATE SEPTEMBER 2, 2003 AMENDED IN SENATE JULY 8, 2003 AMENDED IN ASSEMBLY JUNE 2, 2003 INTRODUCED BY Assembly Member Kehoe FEBRUARY 14, 2003 An act to amend Section 132352.6 of, and to add Article 6.5 (commencing with Section 132360) to Chapter 3 of Division 12.7 of, the Public Utilities Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST AB 361, Kehoe. San Diego Consolidated Transportation Agency. Existing law establishes the San Diego Consolidated Transportation Agency from specified existing agencies, including the San Diego Association of Governments (SANDAG), the Metropolitan Transit Development Board (MTDB), and the North County Transit Development Board (NCTDB), and authorizes the agency to assume certain responsibilities and functions of those other agencies. Existing law provides that the consolidated agency is governed by a board of 20 members selected from specified areas within the county and provides that the agency assumes the powers of the transportation commission and is designated the transportation planning agency for its area. Existing law provides that the executive director is the administrator of the agency and requires the agency to submit a report to the Governor and the Legislature beginning in 2005 regarding its progress in carrying out its powers and functions. This bill would declare the intent of the Legislature for the agency to complete the public process of preparing and adopting a regional comprehensive plan, based upon specified criteria, by June 30, 2004. The bill would declare the intent of the Legislature that the agency, if it adopts a regional comprehensive plan, to make the regional comprehensive plan policies and objectives available to all local agencies and to maintain data, maps, and other specified information used in formulating the comprehensive plan in a form suitable for the availability of and use by other government agencies and private organizations and that the regional comprehensive plan be compatible with the regional transportation plan. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) The Legislature finds and declares that it is critical that the people of San Diego County be aware of the structure of governance that oversees implementation of regional issues and that at a future date, to be determined, that the people concur, through a public vote on the future structure and responsibilities of the agency. The Legislature also finds that the function of the consolidated agency is to plan and construct a transportation system with an understanding and consideration of the community as a whole. (b) To maintain the quality of life that all San Diegans deserve, the consolidated agency should fully appreciate all of the following: (1) Transportation is only one of the many aspects of a region's quality of life. In order to create a successful mobility system, land use must be considered. Our water and air quality are also directly connected to our transportation, urban infrastructure, and natural resources. (2) There is no single plan or agency that considers, comprehensively or financially, all quality of life issues. (3) Several agencies currently have purview over the varied aspects of our quality of life. (4) Compatibility and thoroughness of these various agencies' plans and financing mechanisms are key to implementing mobility improvements in San Diego. This should be the goal of a regional comprehensive plan. (5) It is further the goal that the consolidated agency in allocating transportation funding consider the extent to which each jurisdiction's general plan implements land use policies recommended in the regional comprehensive plan. (6) The public is directly affected by the actions of the consolidated agency and must have adequate opportunities to participate in the consolidated agency's decisions affecting the future of our regional quality of life. (7) To ensure that the vision and goals of the regional comprehensive plan are implemented, the consolidated agency must monitor its progress through realistic measurable standards and criteria, which must be included in the regional comprehensive plan itself and made available to the public. (8) It is critical that the public be informed in a timely manner on the regional decisionmaking process within their own jurisdictions and have access to the records of decisions, in compliance with the California Public Records Act. SEC. 2. Section 132352.6 of the Public Utilities Code is amended to read: 132352.6. (a) The consolidated agency shall submit a report to the Governor and Legislature by December 31 of even-numbered years beginning in 2004, regarding progress in carrying out the provisions of this act. (b) On December 31, 2005, the Legislative Analyst's Office (LAO) shall submit a report to the Governor and the Legislature which shall evaluate and make recommendations on the consolidated agency in the following areas: (1) The effectiveness of the current governance structure within the region, including, but not limited to, public participation, accountability, proportional representation and to examine various alternative governance structures. (2) The effectiveness in addressing the transportation needs of the region, including coordination and efficiencies in transportation planning and implementation as a result of the consolidation. (3) The effectiveness of addressing quality of life indicators, including, but not limited to, land use patterns, a viable and sustainable economy, affordable public transportation, affordable housing, transportation mobility options, air and water quality, and open space and natural habitat preservation, including, but not limited to, the agency created by the act, and the county board of supervisors. (4) The adequacy of the scope and authority for regional decisionmaking. (c) The consolidated agency shall pay for the costs of the study which shall be capped at an amount not to exceed one hundred fifty thousand dollars ($150,000). (d) (1) After the Legislative Analyst's report has been submitted to the Governor and the Legislature as required by subdivision (b), if legislation is enacted that makes a change in the governance structure or the scope of the authority and responsibility of the consolidated agency, the change shall be submitted for approval at a regularly scheduled election to the voters residing within the jurisdiction of the consolidated agency prior to the implementation of those changes. (2) To provide opportunity for full regional public participation in any change made according to paragraph (1), the consolidated agency should convene regional working groups and take other steps that will allow for the greatest level of regionwide input from all segments of San Diego County and all interested groups and organizations. (3) This subdivision shall apply to legislation that specifically references this subdivision and shall remain in effect until the election required pursuant to paragraph (1) has occurred. After the election has occurred, this subdivision shall become inoperative. SEC. 3. Article 6.5 (commencing with Section 132360) is added to Chapter 3 of Division 12.7 of the Public Utilities Code, to read: Article 6.5. Adoption and Administration of a Regional Comprehensive Plan 132360. (a) It is the intent of the Legislature that the consolidated agency complete a public process by June 30, 2004, to prepare and adopt a regional comprehensive plan based on the local general and regional plans that integrates land uses, transportation systems, infrastructure needs, and public investment strategies, within a regional framework, in cooperation with member agencies and the public. (b) The regional comprehensive plan should be updated as necessary for the consolidated agency to comply with Section 132360.2. 132360.1. If the consolidated agency prepares a regional comprehensive plan, it is the intent of the Legislature that: (a) The regional comprehensive plan preserve and improve the quality of life in the San Diego region, maximize mobility and transportation choices, and conserve and protect natural resources. (b) In formulating and maintaining the regional comprehensive plan, the consolidated agency shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the county and cities within the region, and the plans and planning activities of organizations that affect or are concerned with planning and development within the region. (c) The consolidated agency shall engage in a public collaborative planning process. The recommendations resulting from the public collaborative planning process shall be made available to and considered by the consolidated agency for integration into the draft regional comprehensive plan. The consolidated agency shall adopt a procedure to carry out this process including a method of addressing and responding to recommendations from the public. (d) In formulating and maintaining the regional comprehensive plan, the consolidated agency shall seek the cooperation and consider the recommendations of all of the following: (1) Its member agencies and other agencies of local government within the jurisdiction of the consolidated agency. (2) State and federal agencies. (3) Educational institutions. (4) Research organizations, whether public or private. (5) Civic groups. (6) Private individuals. (7) Governmental jurisdictions located outside the region but contiguous to its boundaries. (e) The consolidated agency shall make the regional comprehensive plan, policies, and objectives available to all local agencies and facilitate consideration of the regional comprehensive plan in the development, implementation, and update of local general plans. The consolidated agency shall provide assistance and enhance the opportunities for local agencies to develop, implement, and update general plans in a manner that recognizes, at a minimum, land use, transportation compatibility, and a jobs-to-housing balance within the regional comprehensive plan. (f) The consolidated agency shall maintain the data, maps, and other information developed in the course of formulating the regional comprehensive plan in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other government agencies and private organizations. (g) The components of the regional comprehensive plan may include, but are not limited to, transportation, housing, water quality, infrastructure, and open space, including habitat. At some future date, components such as water supply, air quality, solid waste, economy, and energy should be part of the regional comprehensive plan. Performance standards and measurable criteria shall be established through a public process to ensure that the regional comprehensive plan is prepared consistent with these measures as well as in determining achievement of the regional comprehensive plan goals throughout its implementation. (h) Any water supply component or provision of the regional infrastructure strategy regarding water supply contained in the regional comprehensive plan shall be consistent with the urban water management plan and other adopted regional water facilities and supply plans of the San Diego County Water Authority. 132360.2. The regional transportation plan and the regional comprehensive plan should be compatible. The regional comprehensive plan should set the framework for the type of changes upon which subsequent regional transportation plans should focus. 132360.3. The consolidated agency shall maintain the data, maps, and other information developed in the course of formulating the regional comprehensive plan in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other government agencies and private organizations. 132360.4. Each member agency should review the actions that the consolidated agency makes on state and federally regulated or mandated items and report these actions to their respective jurisdiction for review. 132360.5. All documents created in compliance with this article shall be made available and ready for public review in compliance with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).