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).