BILL NUMBER: SB 926	CHAPTERED
	BILL TEXT

	CHAPTER  907
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2004
	PASSED THE SENATE  AUGUST 27, 2004
	PASSED THE ASSEMBLY  AUGUST 26, 2004
	AMENDED IN ASSEMBLY  AUGUST 24, 2004
	AMENDED IN ASSEMBLY  AUGUST 9, 2004
	AMENDED IN ASSEMBLY  SEPTEMBER 9, 2003
	AMENDED IN ASSEMBLY  SEPTEMBER 2, 2003
	AMENDED IN ASSEMBLY  AUGUST 25, 2003
	AMENDED IN SENATE  APRIL 22, 2003

INTRODUCED BY   Senators Knight and Ashburn
   (Principal coauthor:  Assembly Member Parra)
   (Coauthors:  Senators Aanestad, Alpert, and Morrow)
   (Coauthors:  Assembly Members Maze, McCarthy, Nakano, and Runner)

                        FEBRUARY 21, 2003

   An act to amend Sections 63010, 65053.5, 65053.6, 65302, and 65560
of, and to add and repeal Chapter 4 (commencing with Section 13998)
of Part 4.7 of Division 3 of Title 2 of, the Government Code, and to
repeal Part 14 (commencing with Section 37980) of Division 24 of the
Health and Safety Code, and to amend Section 8 of Chapter 971 of the
Statutes of 2002, relating to economic development, and declaring the
urgency thereof, to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 926, Knight.  Economic development.
   (1) Existing law establishes the California Defense Retention and
Conversion Council in the Department of Housing and Community
Development in the Business, Transportation and Housing Agency with
specified members and duties related to defense retention and
conversion and military base reuse activities in the state.
   Existing law also requires the Office of Military Base Retention
and Reuse, in the Technology, Trade, and Commerce Agency, to provide
staff support to the council.  The Technology, Trade, and Commerce
Agency was abolished as of January 1, 2004.
   This bill would repeal the provisions establishing and governing
the California Defense Retention and Conversion Council.  It would,
until January 1, 2007, establish the Office of Military and Aerospace
Support in the Business, Transportation and Housing Agency, and set
forth its duties and authority with respect to state and local
defense retention and conversion.  It would provide that the Office
of Military and Aerospace Support would be in the charge of a
director who would be appointed by the Governor.  The bill would
authorize the office to establish a Military Advisory Committee with
a specified membership.
   This bill also would authorize the office to seek private funds
for the operations of the office.  The bill would establish the
Military and Aerospace Support Account in the Special Deposit Fund in
the State Treasury and require that any private funds the office
accepts be deposited in that account.  The bill would authorize, upon
the approval of the Secretary of Business, Transportation and
Housing, the office to expend moneys in the account, upon
appropriation by the Legislature, for specified purposes of the
office.
   (2) Existing law requires the state to recognize a single local
base retention entity for each active military base in the state if
resolutions acknowledging the entity as the single local base
retention entity are adopted by the affected local agencies and
forwarded to the California Defense Retention and Conversion Council
by July 1, 2002.  A local entity awarded specified grant moneys prior
to January 1, 2002, for a specified military installation, is
recognized as the single local base retention entity.  Local agencies
are authorized to establish a joint powers authority for these
purposes if a single local base retention entity cannot otherwise be
identified or established.  If the required resolutions are not
adopted by January 1, 2002, and no local base retention entity has
otherwise been recognized, the council is required to hold public
hearings and recognize a single local base retention entity for each
military base or recommend legislation or action by the local agency
formation commission if necessary.
   This bill would include United States Department of Defense
installations within these provisions.  It would delete references to
the council and instead refer to the Office of Military and
Aerospace Support.  The bill would require the office to recognize a
local retention authority for each active military installation, as
defined, in the state, if a resolution has been adopted by entities
within an identified affected local government, as defined, and
forwarded to the office by October 1, 2004, and provide for
recognition of an affected local government that has been awarded
grant moneys prior to January 1, 2004.  It would authorize the
designation or establishment of a joint powers authority by multiple
affected local governments under these provisions without requiring
that a retention authority cannot be otherwise identified or
established.  It would also require the office to recognize a local
retention authority for each military installation if no resolutions
are adopted by October 1, 2004, and would delete the requirement for
the office to hold public hearings in this regard, and to recommend
legislation or action by a local agency formation commission.
   (3) The Bergeson-Peace Infrastructure and Economic Development
Bank Act authorizes the California Infrastructure and Economic
Development Bank to make loans and provide other assistance to public
and private entities for various types of projects with respect to
public development facilities, as defined, among other things.  The
activities of the bank under these provisions are funded from the
California Infrastructure and Economic Development Bank Fund, which
is continuously appropriated for these purposes.
   This bill would include within the definition of "public
development facilities" for these purposes, military infrastructure,
including specified components, and subject to specified conditions.
By providing for a new use of continuously appropriated funds, this
bill would make an appropriation.
   (4) The Planning and Zoning Law requires that a city or county
general plan consist of various elements, including, among other
things, a land use element that considers, among other things, the
impact of new growth on military readiness activities carried out on
military bases, installations, and operating and training areas, when
proposing zoning ordinances or designating land uses covered by the
general plan for land or other territory adjacent to those military
facilities or underlying designated military aviation routes and
airspace.  Existing law requires that cities and counties address
military impacts based on information that the military provides.
   This bill would in addition require cities and counties to address
military impacts based on information from other sources.
   (5) The Planning and Zoning Law with respect to the open-space
element, defines open-space land to include areas adjacent to
military installations, military training routes, and restricted
airspace that can provide buffer zones to military activities and
complement the resource value of the military lands.
   This bill would revise the definition of open-space land to
instead include open space in support of the mission of military
installations that comprises areas that are adjacent to military
installations, military training routes, and underlying restricted
airspace that can provide additional buffer zones to military
activities and complement the resource values of the military lands.

   (6) The Planning and Zoning Law provides that a city or county is
not required to comply with the provisions of paragraphs (4) and (5)
above until (a) a specified agreement is entered into between the
federal government and the state to fully reimburse all claims
approved by the Commission on State Mandates and paid by the
Controller, and (b) until the city's or county's next general plan
revision.  These provisions become inoperative on the January 1
following the date that the agreement is deemed to be terminated, as
specified.
   This bill would instead provide that a city or county is not
required to comply with these provisions until the city or county
undertakes its next general plan revision.
   (7) This bill would make the operation of its provisions
contingent upon the prior enactment of AB 2565 of the 2003-04 Regular
Session.
   (8) This bill would incorporate additional changes in Sections
65302 and 65560 of the Government Code proposed by AB 2055, AB 3065,
and SB 18, to be operative if this bill and one or more of the other
bills are enacted and become effective on or before January 1, 2005,
and this bill is enacted last.
  (9) This bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 4 (commencing with Section 13998) is added to
Part 4.7 of Division 3 of Title 2 of the Government Code, to read:

      CHAPTER 4.  MILITARY AND AEROSPACE SUPPORT

   13998.  This chapter shall be known and may be cited as the
Military and Aerospace Support Act.
   13998.1.  The Legislature finds and declares as follows:
   (a) For over half a century, California's industries,
universities, businesses, and workers have contributed to our nation'
s defense, utilizing their capital, talents, and skills to develop
and bring to production important new technologies and advanced
weapons systems, aircraft, and missiles.
   (b) Defense spending in California peaked at sixty billion dollars
($60,000,000,000) in 1988.  Since then, it has decreased by 16
percent with the resulting loss of 126,000 jobs.  The Commission on
State Finance projected a further 22-percent reduction to
thirty-seven billion dollars ($37,000,000,000) in 1997, with a loss
of another 81,000 jobs.  California is expected to experience the
most severe impact of defense cuts since 1994.
   (c) California has experienced four rounds of base closures
resulting in the closure or realignment of 29 bases since 1988.
Additional bases may be considered for closure in future closure
rounds.
   (d) California lost more federal payroll jobs from its 29 military
base closures under rounds one to four, inclusive, than all of the
rest of the states put together.  The reduced military payroll,
including military and civilian employees, in California is
approximately 101,000 jobs.  About 300,000 private sector defense
industry jobs in California have been lost.
   (e) California needs a focused, coordinated defense retention and
conversion program within the state in order to protect the existing
defense installations and facilities within the state and to assist
those communities that have experienced an installation's closing.
   (f) Currently, there are over 300,000 active duty and civilian
defense personnel in California.
   (g) The direct Department of Defense expenditures in California
are over thirty-six billion dollars ($36,000,000,000) for employees,
contracts, and capital investment.
   (h) California has over 36 major and 25 minor active military
installations.
   (i) The Department of Defense pays ten million dollars
($10,000,000) annually in fees, permits, and licenses within the
state.
   (j) Having been the leader in the nation's defense effort, the
state must now also assume the role as leader in defending existing
military installations within its borders.  That role will require a
coordinated effort to ensure that California promotes the necessity
of existing defense facilities, assist local governments and
organizations in planning retention efforts, and design and implement
a single unified plan for active defense retention efforts on the
federal level.
   (k) It is the intent of the Legislature that the state's role in
defense retention, conversion, and military support be consolidated
in the Business, Transportation and Housing Agency.
   13998.2.  (a) The Legislature recognizes the potential for federal
legislation to close additional military installations nationwide.
In an effort to be proactive in retaining these facilities within
California that are necessary for the defense of the nation and to
provide for a single, focused defense of these installations, the
Office of Military and Aerospace Support is hereby created in the
Business, Transportation and Housing Agency.
   (b) The Office of Military and Aerospace Support shall be in the
charge of a director who is under the direction of the Secretary of
Business, Transportation and Housing.  The director shall be
appointed, upon recommendation by the secretary, by the Governor.
The director shall hold office at the pleasure of the secretary, and
shall receive a salary fixed by the secretary with the approval of
the Department of Personnel Administration.
   (c) It shall be the purpose of the office to provide a central
clearinghouse for all defense retention, conversion, and base reuse
activities in the state and to interact and communicate with military
installations in the state.
   13998.3.  (a) The office may establish a Military Advisory
Committee to provide input, information, technical advice or other
comments to the office on military related matters, including, but
not limited to, active Department of Defense installations in
California and defense conversion issues.  The office may call
meetings of the committee at times and locations when necessary.
Participation by committee members is voluntary and there is no
reimbursement for per diem or expenses.
   (b) The committee membership may include, but is not limited to,
representatives from the following:
   (1) The Secretary of Business, Transportation and Housing.
   (2) The Secretary for Environmental Protection.
   (3) The Director of Employment Development.
   (4) The Director of Planning and Research.
   (5) The Chairperson of the State Energy Resources, Conservation
and Development Commission.
   (6) The Director of Transportation.
   (7) The Executive Director of the Employment Training Panel.
   (8) The Secretary of the Resources Agency.
   (9) The President of the University of California.
   (10) The Chancellor of the California State University.
   (11) The Chancellor of the California Community Colleges.
   (12) The President pro Tempore of the Senate.
   (13) The Speaker of the Assembly.
   (14) Any other legislative offices, state agencies, local
governments, industry, civic, and research organizations that may
have an interest in defense related activities.
   13998.5.  The Office of Military and Aerospace Support shall do
all of the following:
   (a) Develop and recommend to the Governor and the Legislature a
strategic plan for state and local defense retention and conversion
efforts. The plan shall address the state's role in assisting
communities with potential base closures and those impacted by
previous closures.  The office may coordinate with other state
agencies, local groups, and interested organizations on this
strategic plan to retain current Department of Defense installations,
facilities, bases, and related civilian activities.
   (b) Conduct outreach to entities and parties involved in defense
retention and conversion across the state and provide a network to
facilitate assistance and coordination for all defense retention and
conversion activities within the state.
   (c) Help develop and coordinate state retention advocacy efforts
on the federal level.
   (d) (1) Conduct an evaluation of existing state retention and
conversion programs and provide the Legislature recommendations on
the continuation of existing programs, including, but not limited to,
the possible elimination or alteration of those programs.  This
evaluation shall be transmitted to the Legislature.
   (2) The office may provide recommendations to the Legislature on
the necessity of new programs for defense retention and adequate
funding levels.
   (e) Utilize and update the plan prepared by the Defense Conversion
Council as it existed on December 31, 1998, to minimize California's
loss of bases and jobs in future rounds of base closures.  This plan
shall include, but not be limited to, all of the following:
   (1) Identification of major installations in California.
   (2) Determination of how best to defend existing bases and base
employment in this state.
   (3) Coordination of retention activities with communities that may
face base closures.
   (4) Development of data and analyses on bases in this state.
   (5) Coordination with the congressional delegation, the
Legislature, and the Governor.  With the consent of the appropriate
authority, the office may temporarily borrow technical, policy, and
administrative staff from other state agencies, including the
Legislature.
   (f) Serve as the primary state liaison with the Department of
Defense and its installations in this state.  In order to maximize
the mission use of the installations, the Office of Military and
Aerospace Support shall assist in resolving any disputes or issues
between the Department of Defense and state entities.
   (g) Review actions or programs by state agencies that may affect
or impact Department of Defense installations or the state's military
base retention and reuse activities and recommend to the Governor
and the Legislature actions that may be taken to resolve or prevent
similar problems in the future.
   (h) Where funds and resources are available, the office may
undertake all of the following activities:
   (1) Provide a central clearinghouse for all base retention or
conversion assistance activities, including, but not limited to,
employee training programs and regulation review and permit
streamlining.
   (2) Provide technical assistance to communities with potential or
existing base closure activities.
   (3) Provide a central clearinghouse for all defense retention and
conversion funding, regulations, and application procedures for
federal or state grants.
   (4) Serve as a central clearinghouse for input and information,
including needs, issues, and recommendations from businesses,
industry representatives, labor, local government, and communities
relative to retention and conversion efforts.
   (5) Identify available state and federal resources to assist
businesses, workers, communities, and educational institutions that
may have a stake in retention and conversion activities.
   (6) Provide one-stop coordination, maintain and disseminate
information, standardize state endorsement procedures, and develop
fast-track review procedures for proposals seeking state funds to
match federal defense conversion funding programs.
   (7) Maintain and establish databases in such fields as
defense-related companies, industry organization proposals for the
state and federal defense industry, community assistance, training,
and base retention, and provide electronic access to the databases.
   13998.6.  (a) The Office of Military and Aerospace Support shall
apply for grants and may seek contributions from private industry to
fund its operations.
   (b) The office shall actively solicit and accept funds from
industry, foundations, or other sources to support its operations and
responsibilities under this chapter.
   (c) Any private funds the office accepts shall be deposited into
the Military and Aerospace Support Account, which is hereby
established in the Special Deposit Fund in the State Treasury.  The
office may, upon the approval of the Secretary of Business,
Transportation and Housing, expend moneys in the account, upon
appropriation by the Legislature in the annual Budget Act, for the
purposes of this chapter and for no other purpose.  Records of funds
received and expenditures made pursuant to this section shall be
subject to public disclosure.  A report describing the receipt and
expenditure of these funds shall be submitted to the Department of
Finance, the Assembly Committee on Budget, and the Senate Committee
on Budget and Fiscal Review at least biennially.
   13998.7.  In addition to the duties specified in Section 13998.5,
the office shall prepare a study considering strategies for the
long-term protection of lands adjacent to military bases from
development that would be incompatible with the continuing missions
of those bases.  The study shall include the effects of local land
use encroachment, environmental impact considerations, and population
growth issues.  The study shall recommend basic criteria to assist
local governments in identifying lands where incompatible development
may adversely impact the long-term missions of these bases.  The
study shall also identify potential mechanisms, including
recommendations for changes in law at the local or state level, to
address these issues.  In conducting this study, the office may use
the Naval Air Station at Lemoore and Edwards Air Force Base as case
studies.
   13998.8.  The Business, Transportation and Housing Agency with
input and assistance from the office, shall establish a military
support grant program to grant funds to communities with military
bases to assist them in developing a retention strategy.  The agency
may use grant criteria similar to those for existing defense
conversion grant programs as a basis for developing the new grant
program.  To discourage multiple grant applications for individual
defense installations in a region, the criteria shall be drafted to
encourage a single application for grant funds to develop, where
appropriate, a single, regional defense retention strategy.  The
structure, requirements, administration, and funding procedures of
the grant program shall be submitted to the Legislature for review at
least 90 days prior to making the first grant disbursement.  The
agency may make no grant award without the local community providing
at least 50 percent or more in matching funds or in-kind services,
with at least 50 percent of that match being in the form of funding.

   13998.9.  The Business, Transportation and Housing Agency shall
adopt regulations to implement the programs authorized in this
chapter.  The agency shall adopt these regulations as emergency
regulations in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, and
for purposes of that chapter, including Section 11349.6 of the
Government Code, the adoption of the regulations shall be considered
by the Office of Administrative Law to be necessary for the immediate
preservation of the public peace, health and safety, and general
welfare.  Notwithstanding subdivision (e) of Section 11346.1 of the
Government Code, the regulations shall be repealed within 180 days
after their effective date, unless the agency complies with Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code as provided in subdivision (e) of Section
11346.1 of the Government Code.
   13998.10.  This chapter shall remain in effect only until January
1, 2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.
  SEC. 2.  Section 63010 of the Government Code is amended to read:
   63010.  For purposes of this division, the following words and
terms shall have the following meanings unless the context clearly
indicates or requires another or different meaning or intent:
   (a) "Act" means the Bergeson-Peace Infrastructure and Economic
Development Bank Act.
   (b) "Bank" means the California Infrastructure and Economic
Development Bank.
   (c) "Board" or "bank board" means the Board of Directors of the
California Infrastructure and Economic Development Bank.
   (d) "Bond purchase agreement" means a contractual agreement
executed between the bank and a sponsor, or a special purpose trust
authorized by the bank or a sponsor, or both, whereby the bank or
special purpose trust authorized by the bank agrees to purchase bonds
of the sponsor for retention or sale.
   (e) "Bonds" means bonds, including structured, senior, and
subordinated bonds or other securities; loans; notes, including bond,
revenue, tax or grant anticipation notes; commercial paper; floating
rate and variable maturity securities; and any other evidences of
indebtedness or ownership, including certificates of participation or
beneficial interest, asset backed certificates, or lease-purchase or
installment purchase agreements, whether taxable or excludable from
gross income for federal income taxation purposes.
   (f) "Cost," as applied to a project or portion thereof financed
under this division, means all or any part of the cost of
construction, renovation, and acquisition of all lands, structures,
real or personal property, rights, rights-of-way, franchises,
licenses, easements, and interests acquired or used for a project;
the cost of demolishing or removing any buildings or structures on
land so acquired, including the cost of acquiring any lands to which
the buildings or structures may be moved; the cost of all machinery,
equipment, and financing charges; interest prior to, during, and for
a period after completion of construction, renovation, or
acquisition, as determined by the bank; provisions for working
capital; reserves for principal and interest and for extensions,
enlargements, additions, replacements, renovations, and improvements;
and the cost of architectural, engineering, financial and legal
services, plans, specifications, estimates, administrative expenses,
and other expenses necessary or incidental to determining the
feasibility of any project or incidental to the construction,
acquisition, or financing of any project, and transition costs in the
case of an electrical corporation.
   (g) "Economic development facilities" means real and personal
property, structures, buildings, equipment, and supporting components
thereof that are used to provide industrial, recreational, research,
commercial, utility, or service enterprise facilities, community,
educational, cultural, or social welfare facilities and any parts or
combinations thereof, and all facilities or infrastructure necessary
or desirable in connection therewith, including provision for working
capital, but shall not include any housing.
   (h) "Electrical corporation" has the meaning set forth in Section
218 of the Public Utilities Code.
   (i) "Executive director" means the Executive Director of the
California Infrastructure and Economic Development Bank appointed
pursuant to Section 63021.
   (j) "Financial assistance" in connection with a project, includes,
but is not limited to, any combination of grants, loans, the
proceeds of bonds issued by the bank or special purpose trust,
insurance, guarantees or other credit enhancements or liquidity
facilities, and contributions of money, property, labor, or other
things of value, as may be approved by resolution of the board or the
sponsor, or both; the purchase or retention of bank bonds, the bonds
of a sponsor for their retention or for sale by the bank, or the
issuance of bank bonds or the bonds of a special purpose trust used
to fund the cost of a project for which a sponsor is directly or
indirectly liable, including, but not limited to, bonds, the security
for which is provided in whole or in part pursuant to the powers
granted by Section 63025; bonds for which the bank has provided a
guarantee or enhancement, including, but not limited to, the purchase
of the subordinated bonds of the sponsor, the subordinated bonds of
a special purpose trust, or the retention of the subordinated bonds
of the bank pursuant to Chapter 4 (commencing with Section 63060); or
any other type of assistance deemed appropriate by the bank or the
sponsor, except that no direct loans shall be made to nonpublic
entities other than in connection with the issuance of rate reduction
bonds pursuant to a financing order or in connection with a
financing for an economic development facility.
   For purposes of this subdivision, "grant" does not include grants
made by the bank except when acting as an agent or intermediary for
the distribution or packaging of financing available from federal,
private, or other public sources.
   (k) "Financing order" has the meaning set forth in Section 840 of
the Public Utilities Code.
   (l) "Guarantee trust fund" means the California Infrastructure
Guarantee Trust Fund.
   (m) "Infrastructure bank fund" means the California Infrastructure
and Economic Development Bank Fund.
   (n) "Loan agreement" means a contractual agreement executed
between the bank or a special purpose trust and a sponsor that
provides that the bank or special purpose trust will loan funds to
the sponsor and that the sponsor will repay the principal and pay the
interest and redemption premium, if any, on the loan.
   (o) "Participating party" means any person, company, corporation,
association, state or municipal governmental entity, partnership,
firm, or other entity or group of entities, whether organized for
profit or not for profit, engaged in business or operations within
the state and that applies for financing from the bank in conjunction
with a sponsor for the purpose of implementing a project.  However,
in the case of a project relating to the financing of transition
costs or the acquisition of transition property, or both, on the
request of an electrical corporation, or in connection with a
financing for an economic development facility, or for the financing
of insurance claims, the participating party shall be deemed to be
the same entity as the sponsor for the financing.
   (p) "Project" means designing, acquiring, planning, permitting,
entitling, constructing, improving, extending, restoring, financing,
and generally developing public development facilities or economic
development facilities within the state or financing transition costs
or the acquisition of transition property, or both, upon approval of
a financing order by the Public Utilities Commission, as provided in
Article 5.5 (commencing with Section 840) of Chapter 4 of Part 1 of
Division 1 of the Public Utilities Code.
   (q) "Public development facilities" means real and personal
property, structures, conveyances, equipment, thoroughfares,
buildings, and supporting components thereof, excluding any housing,
that are directly related to providing the following:
   (1) "City streets" including any street, avenue, boulevard, road,
parkway, drive, or other way that is any of the following:
   (A) An existing municipal roadway.
   (B) Is shown upon a plat approved pursuant to law and includes the
land between the street lines, whether improved or unimproved, and
may comprise pavement, bridges, shoulders, gutters, curbs,
guardrails, sidewalks, parking areas, benches, fountains, plantings,
lighting systems, and other areas within the street lines, as well as
equipment and facilities used in the cleaning, grading, clearance,
maintenance, and upkeep thereof.
   (2) "County highways" including any county highway as defined in
Section 25 of the Streets and Highways Code, that includes the land
between the highway lines, whether improved or unimproved, and may
comprise pavement, bridges, shoulders, gutters, curbs, guardrails,
sidewalks, parking areas, benches, fountains, plantings, lighting
systems, and other areas within the street lines, as well as
equipment and facilities used in the cleaning, grading, clearance,
maintenance, and upkeep thereof.
   (3) "Drainage, water supply, and flood control" including, but not
limited to, ditches, canals, levees, pumps, dams, conduits, pipes,
storm sewers, and dikes necessary to keep or direct water away from
people, equipment, buildings, and other protected areas as may be
established by lawful authority, as well as the acquisition,
improvement, maintenance, and management of floodplain areas and all
equipment used in the maintenance and operation of the foregoing.
   (4) "Educational facilities" including libraries, child care
facilities, including, but not limited to, day care facilities, and
employment training facilities.
   (5) "Environmental mitigation measures" including required
construction or modification of public infrastructure and purchase
and installation of pollution control and noise abatement equipment.

   (6) "Parks and recreational facilities" including local parks,
recreational property and equipment, parkways and property.
   (7) "Port facilities" including docks, harbors, ports of entry,
piers, ships, small boat harbors and marinas, and any other
facilities, additions, or improvements in connection therewith.
   (8) "Power and communications" including facilities for the
transmission or distribution of electrical energy, natural gas, and
telephone and telecommunications service.
   (9) "Public transit" including air and rail transport of goods,
airports, guideways, vehicles, rights-of-way, passenger stations,
maintenance and storage yards, and related structures, including
public parking facilities, equipment used to provide or enhance
transportation by bus, rail, ferry, or other conveyance, either
publicly or privately owned, that provides to the public general or
special service on a regular and continuing basis.
   (10) "Sewage collection and treatment" including pipes, pumps, and
conduits that collect wastewater from residential, manufacturing,
and commercial establishments, the equipment, structures, and
facilities used in treating wastewater to reduce or eliminate
impurities or contaminants, and the facilities used in disposing of,
or transporting, remaining sludge, as well as all equipment used in
the maintenance and operation of the foregoing.
   (11) "Solid waste collection and disposal" including vehicles,
vehicle-compatible waste receptacles, transfer stations, recycling
centers, sanitary landfills, and waste conversion facilities
necessary to remove solid waste, except that which is hazardous as
defined by law, from its point of origin.
   (12) "Water treatment and distribution" including facilities in
which water is purified and otherwise treated to meet residential,
manufacturing, or commercial purposes and the conduits, pipes, and
pumps that transport it to places of use.
   (13) "Defense conversion" including, but not limited to,
facilities necessary for successfully converting military bases
consistent with an adopted base reuse plan.
   (14) "Public safety facilities" including, but not limited to,
police stations, fire stations, court buildings, jails, juvenile
halls, and juvenile detention facilities.
   (15) "State highways" including any state highway as described in
Chapter 2 (commencing with Section 230) of Division 1 of the Streets
and Highways Code, and the related components necessary for safe
operation of the highway.
   (16) (A) Military infrastructure, including, but not limited to,
facilities on or near a military installation, that enhance the
military operations and mission of one or more military installations
in this state.  To be eligible for funding, the project shall be
endorsed by the Office of Military and Aerospace Support established
pursuant to Section 13998.2.
   (B) For purposes of this subdivision, "military installation"
means any facility under the jurisdiction of the Department of
Defense, as defined in paragraph (1) of subsection (e) of Section
2687 of Title 10 of the United States Code.
   (r) "Rate reduction bonds" has the meaning set forth in Section
840 of the Public Utilities Code.
   (s) "Revenues" means all receipts, purchase payments, loan
repayments, lease payments, and all other income or receipts derived
by the bank or a sponsor
from the sale, lease, or other financing arrangement undertaken by
the bank, a sponsor or a participating party, including, but not
limited to, all receipts from a bond purchase agreement, and any
income or revenue derived from the investment of any money in any
fund or account of the bank or a sponsor and any receipts derived
from transition property.  Revenues shall not include moneys in the
General Fund of the state.
   (t) "Special purpose trust" means a trust, partnership, limited
partnership, association, corporation, nonprofit corporation, or
other entity authorized under the laws of the state to serve as an
instrumentality of the state to accomplish public purposes and
authorized by the bank to acquire, by purchase or otherwise, for
retention or sale, the bonds of a sponsor or of the bank made or
entered into pursuant to this division and to issue special purpose
trust bonds or other obligations secured by these bonds or other
sources of public or private revenues.  Special purpose trust also
means any entity authorized by the bank to acquire transition
property or to issue rate reduction bonds, or both, subject to the
approvals by the bank and powers of the bank as are provided by the
bank in its resolution authorizing the entity to issue rate reduction
bonds.
   (u) "Sponsor" means any subdivision of the state or local
government including departments, agencies, commissions, cities,
counties, nonprofit corporations formed on behalf of a sponsor,
special districts, assessment districts, and joint powers authorities
within the state or any combination of these subdivisions that makes
an application to the bank for financial assistance in connection
with a project in a manner prescribed by the bank.  This definition
shall not be construed to require that an applicant have an ownership
interest in the project.  In addition, an electrical corporation
shall be deemed to be the sponsor as well as the participating party
for any project relating to the financing of transition costs and the
acquisition of transition property on the request of the electrical
corporation and any person, company, corporation, partnership, firm,
or other entity or group engaged in business or operation within the
state that applies for financing of any economic development
facility, shall be deemed to be the sponsor as well as the
participating party for the project relating to the financing of that
economic development facility.
   (v) "State" means the State of California.
   (w) "Transition costs" has the meaning set forth in Section 840 of
the Public Utilities Code.
   (x) "Transition property" has the meaning set forth in Section 840
of the Public Utilities Code.
  SEC. 3.  Section 65053.5 of the Government Code is amended to read:

   65053.5.  (a) As used in this article, the following terms have
the following meaning:
   (1) "Military installation" means a base, camp, post, station,
yard, center, homeport facility for any ship, or other facility under
the jurisdiction of the United States Department of Defense, as
defined in paragraph (1) of subsection (e) of Section 2687 of Title
10 of the United States Code.
   (2) "Affected local government" means any county or city
identified as located wholly or partly within the boundaries of a
military installation or as having a sphere of influence over any
portion of the installation with responsibility for local zoning and
planning decisions.
   (b) The Legislature hereby finds and declares all of the
following:
   (1) Because of the tremendous economic impact that military
installations have on the state, it is in the best interest of the
state to facilitate their retention.
   (2) It is the intent of the Legislature to encourage cooperation
among affected local governments in their efforts to retain military
installations in this state by authorizing the creation of a joint
powers authority pursuant to this section.
   (3) The Legislature also encourages affected local governments to
engage other community-based organizations in their retention
activities.
   (c) For the purposes of this article, a local retention authority
shall be recognized for each active military installation in this
state.
   (d) A list of retention authorities or their successors,
including, but not limited to, separate airport or port authorities
recognized as the local retention authority for the military
installations, shall be maintained by the Office of Military and
Aerospace Support created pursuant to Section 13998.2.  If multiple
affected local governments are identified for a military installation
as described in paragraph (2) of subdivision (a), those affected
counties and cities may, by resolution, designate an existing joint
powers authority or establish a joint powers authority for the
purposes of this article pursuant to Chapter 5 (commencing with
Section 6500) of Division 7 of Title 1.
   (e) The state shall recognize a local retention authority for each
active military installation if resolutions acknowledging the
authority as the local retention authority are adopted by all county
boards of supervisors and city councils identified as described in
paragraph (2) of subdivision (a) and are forwarded to the Office of
Military and Aerospace Support on or before October 1, 2004.  If
prior to January 1, 2004, a local government was awarded grant moneys
pursuant to any predecessor to Section 13998.8 for a specific
military installation and qualifies as an affected local government
as described in paragraph (2) of subdivision (a), the recipient local
government shall be recognized by the state as the local retention
authority unless resolutions acknowledging a different authority are
adopted by all county boards of supervisors and city councils
identified as described in paragraph (2) of subdivision (a), and are
forwarded to the Office of Military and Aerospace Support.
   (f) If the necessary resolutions are not adopted within the time
limit specified in subdivision (e), the Office of Military and
Aerospace Support shall recognize a local retention authority for
each military installation.
  SEC. 4.  Section 65053.6 of the Government Code is amended to read:

   65053.6.  The local retention authority shall be recognized by all
state agencies as the local retention planning authority for the
military installation.  The state shall encourage the federal
government and other local jurisdictions to recognize similarly the
authorities designated pursuant to Section 65053.5 for the purposes
of retention activities.
  SEC. 5.  Section 65302 of the Government Code is amended to read:
   65302.  The general plan shall consist of a statement of
development policies and shall include a diagram or diagrams and text
setting forth objectives, principles, standards, and plan proposals.
  The plan shall include the following elements:
   (a) A land use element that designates the proposed general
distribution and general location and extent of the uses of the land
for housing, business, industry, open space, including agriculture,
natural resources, recreation, and enjoyment of scenic beauty,
education, public buildings and grounds, solid and liquid waste
disposal facilities, and other categories of public and private uses
of land.  The land use element shall include a statement of the
standards of population density and building intensity recommended
for the various districts and other territory covered by the plan.
The land use element shall identify areas covered by the plan which
are subject to flooding and shall be reviewed annually with respect
to those areas.  The land use element shall also do both of the
following:
   (1) Designate in a land use category that provides for timber
production those parcels of real property zoned for timberland
production pursuant to the California Timberland Productivity Act of
1982, Chapter 6.7 (commencing with Section 51100) of Part 1 of
Division 1 of Title 5.
   (2) Consider the impact of new growth on military readiness
activities carried out on military bases, installations, and
operating and training areas, when proposing zoning ordinances or
designating land uses covered by the general plan for land, or other
territory adjacent to military facilities, or underlying designated
military aviation routes and airspace.
   (A) In determining the impact of new growth on military readiness
activities, information provided by military facilities shall be
considered. Cities and counties shall address military impacts based
on information from the military and other sources.
   (B) The following definitions govern this paragraph:
   (i) "Military readiness activities" mean all of the following:
   (I) Training, support, and operations that prepare the men and
women of the military for combat.
   (II) Operation, maintenance, and security of any military
installation.
   (III) Testing of military equipment, vehicles, weapons, and
sensors for proper operation or suitability for combat use.
   (ii) "Military installation" means a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity under
the jurisdiction of the United States Department of Defense as
defined in paragraph (1) of subsection (e) of Section 2687 of Title
10 of the United States Code.
   (b) A circulation element consisting of the general location and
extent of existing and proposed major thoroughfares, transportation
routes, terminals, any military airports and ports, and other local
public utilities and facilities, all correlated with the land use
element of the plan.
   (c) A housing element as provided in Article 10.6 (commencing with
Section 65580).
   (d) A conservation element for the conservation, development, and
utilization of natural resources including water and its hydraulic
force, forests, soils, rivers and other waters, harbors, fisheries,
wildlife, minerals, and other natural resources.  The conservation
element shall consider the effect of development within the
jurisdiction, as described in the land use element, on natural
resources located on public lands, including military installations.
That portion of the conservation element including waters shall be
developed in coordination with any countywide water agency and with
all district and city agencies that have developed, served,
controlled or conserved water for any purpose for the county or city
for which the plan is prepared.  Coordination shall include the
discussion and evaluation of any water supply and demand information
described in Section 65352.5, if that information has been submitted
by the water agency to the city or county.  The conservation element
may also cover the following:
   (1) The reclamation of land and waters.
   (2) Prevention and control of the pollution of streams and other
waters.
   (3) Regulation of the use of land in stream channels and other
areas required for the accomplishment of the conservation plan.
   (4) Prevention, control, and correction of the erosion of soils,
beaches, and shores.
   (5) Protection of watersheds.
   (6) The location, quantity and quality of the rock, sand and
gravel resources.
   (7) Flood control.
   The conservation element shall be prepared and adopted no later
than December 31, 1973.
   (e) An open-space element as provided in Article 10.5 (commencing
with Section 65560).
   (f) A noise element which shall identify and appraise noise
problems in the community.  The noise element shall recognize the
guidelines established by the Office of Noise Control in the State
Department of Health Services and shall analyze and quantify, to the
extent practicable, as determined by the legislative body, current
and projected noise levels for all of the following sources:
   (1) Highways and freeways.
   (2) Primary arterials and major local streets.
   (3) Passenger and freight on-line railroad operations and ground
rapid transit systems.
   (4) Commercial, general aviation, heliport, helistop, and military
airport operations, aircraft overflights, jet engine test stands,
and all other ground facilities and maintenance functions related to
airport operation.
   (5) Local industrial plants, including, but not limited to,
railroad classification yards.
   (6) Other ground stationary noise sources, including, but not
limited to, military installations, identified by local agencies as
contributing to the community noise environment.
   Noise contours shall be shown for all of these sources and stated
in terms of community noise equivalent level (CNEL) or day-night
average level (Ldn).  The noise contours shall be prepared on the
basis of noise monitoring or following generally accepted noise
modeling techniques for the various sources identified in paragraphs
(1) to (6), inclusive.
   The noise contours shall be used as a guide for establishing a
pattern of land uses in the land use element that minimizes the
exposure of community residents to excessive noise.
   The noise element shall include implementation measures and
possible solutions that address existing and foreseeable noise
problems, if any.  The adopted noise element shall serve as a
guideline for compliance with the state's noise insulation standards.

   (g) A safety element for the protection of the community from any
unreasonable risks associated with the effects of seismically induced
surface rupture, ground shaking, ground failure, tsunami, seiche,
and dam failure; slope instability leading to mudslides and
landslides; subsidence, liquefaction and other seismic hazards
identified pursuant to Chapter 7.8 (commencing with Section 2690) of
the Public Resources Code, and other geologic hazards known to the
legislative body; flooding; and wild land and urban fires.  The
safety element shall include mapping of known seismic and other
geologic hazards.  It shall also address evacuation routes, military
installations, peakload water supply requirements, and minimum road
widths and clearances around structures, as those items relate to
identified fire and geologic hazards.  Prior to the periodic review
of its general plan and prior to preparing or revising its safety
element, each city and county shall consult the Division of Mines and
Geology of the Department of Conservation and the Office of
Emergency Services for the purpose of including information known by
and available to the department and the office required by this
subdivision.
   To the extent that a county's safety element is sufficiently
detailed and contains appropriate policies and programs for adoption
by a city, a city may adopt that portion of the county's safety
element that pertains to the city's planning area in satisfaction of
the requirement imposed by this subdivision.
   At least 45 days prior to adoption or amendment of the safety
element, each county and city shall submit to the Division of Mines
and Geology of the Department of Conservation one copy of a draft of
the safety element or amendment and any technical studies used for
developing the safety element. The division may review drafts
submitted to it to determine whether they incorporate known seismic
and other geologic hazard information, and report its findings to the
planning agency within 30 days of receipt of the draft of the safety
element or amendment pursuant to this subdivision.  The legislative
body shall consider the division's findings prior to final adoption
of the safety element or amendment unless the division's findings are
not available within the above prescribed time limits or unless the
division has indicated to the city or county that the division will
not review the safety element. If the division's findings are not
available within those prescribed time limits, the legislative body
may take the division's findings into consideration at the time it
considers future amendments to the safety element.  Each county and
city shall provide the division with a copy of its adopted safety
element or amendments.  The division may review adopted safety
elements or amendments and report its findings.  All findings made by
the division shall be advisory to the planning agency and
legislative body.
  SEC. 5.1.  Section 65302 of the Government Code is amended to read:

   65302.  The general plan shall consist of a statement of
development policies and shall include a diagram or diagrams and text
setting forth objectives, principles, standards, and plan proposals.
  The plan shall include the following elements:
   (a) A land use element that designates the proposed general
distribution and general location and extent of the uses of the land
for housing, business, industry, open space, agriculture, natural
resources, recreation, and enjoyment of scenic beauty, education,
public buildings and grounds, solid and liquid waste disposal
facilities, and other categories of public and private uses of land.
The land use element shall include a statement of the standards of
population density and building intensity recommended for the various
districts and other territory covered by the plan. The land use
element shall identify areas covered by the plan that are subject to
flooding and shall be reviewed annually with respect to those areas.
The land use element shall also do both of the following:
   (1) Designate in a land use category that provides for timber
production those parcels of real property zoned for timberland
production pursuant to the California Timberland Productivity Act of
1982, Chapter 6.7 (commencing with Section 51100) of Part 1 of
Division 1 of Title 5.
   (2) Consider the impact of new growth on military readiness
activities carried out on military bases, installations, and
operating and training areas, when proposing zoning ordinances or
designating land uses covered by the general plan for land, or other
territory adjacent to military facilities, or underlying designated
military aviation routes and airspace.
   (A) In determining the impact of new growth on military readiness
activities, information provided by military facilities shall be
considered.  Cities and counties shall address military impacts based
on information from the military and other sources.
   (B) The following definitions govern this paragraph:
   (i) "Military readiness activities" mean all of the following:
   (I) Training, support, and operations that prepare the men and
women of the military for combat.
   (II) Operation, maintenance, and security of any military
installation.
   (III) Testing of military equipment, vehicles, weapons, and
sensors for proper operation or suitability for combat use.
   (ii) "Military installation" means a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity under
the jurisdiction of the United States Department of Defense as
defined in paragraph (1) of subsection (e) of Section 2687 of Title
10 of the United States Code.
   (b) A circulation element consisting of the general location and
extent of existing and proposed major thoroughfares, transportation
routes, terminals, any military airports and ports, and other local
public utilities and facilities, all correlated with the land use
element of the plan.
   (c) A housing element as provided in Article 10.6 (commencing with
Section 65580).
   (d) A conservation element for the conservation, development, and
utilization of natural resources including water and its hydraulic
force, forests, soils, rivers and other waters, harbors, fisheries,
wildlife, minerals, and other natural resources.  The conservation
element shall consider the effect of development within the
jurisdiction, as described in the land use element, on natural
resources located on public lands, including military installations.
That portion of the conservation element including waters shall be
developed in coordination with any countywide water agency and with
all district and city agencies that have developed, served,
controlled or conserved water for any purpose for the county or city
for which the plan is prepared.  Coordination shall include the
discussion and evaluation of any water supply and demand information
described in Section 65352.5, if that information has been submitted
by the water agency to the city or county.  The conservation element
may also cover the following:
   (1) The reclamation of land and waters.
   (2) Prevention and control of the pollution of streams and other
waters.
   (3) Regulation of the use of land in stream channels and other
areas required for the accomplishment of the conservation plan.
   (4) Prevention, control, and correction of the erosion of soils,
beaches, and shores.
   (5) Protection of watersheds.
   (6) The location, quantity and quality of the rock, sand and
gravel resources.
   (7) Flood control.
   (8) Conservation of agricultural lands.
   The conservation element shall be prepared and adopted no later
than December 31, 1973.
   (e) An agricultural and open-space element as provided in Article
10.5 (commencing with Section 65560).
   (f) A noise element which shall identify and appraise noise
problems in the community.  The noise element shall recognize the
guidelines established by the Office of Noise Control in the State
Department of Health Services and shall analyze and quantify, to the
extent practicable, as determined by the legislative body, current
and projected noise levels for all of the following sources:
   (1) Highways and freeways.
   (2) Primary arterials and major local streets.
   (3) Passenger and freight on-line railroad operations and ground
rapid transit systems.
   (4) Commercial, general aviation, heliport, helistop, and military
airport operations, aircraft overflights, jet engine test stands,
and all other ground facilities and maintenance functions related to
airport operation.
   (5) Local industrial plants, including, but not limited to,
railroad classification yards.
   (6) Other ground stationary noise sources, including, but not
limited to, military installations, identified by local agencies as
contributing to the community noise environment.
   Noise contours shall be shown for all of these sources and stated
in terms of community noise equivalent level (CNEL) or day-night
average level (Ldn).  The noise contours shall be prepared on the
basis of noise monitoring or following generally accepted noise
modeling techniques for the various sources identified in paragraphs
(1) to (6), inclusive.
   The noise contours shall be used as a guide for establishing a
pattern of land uses in the land use element that minimizes the
exposure of community residents to excessive noise.
   The noise element shall include implementation measures and
possible solutions that address existing and foreseeable noise
problems, if any.  The adopted noise element shall serve as a
guideline for compliance with the state's noise insulation standards.

   (g) A safety element for the protection of the community from any
unreasonable risks associated with the effects of seismically induced
surface rupture, ground shaking, ground failure, tsunami, seiche,
and dam failure; slope instability leading to mudslides and
landslides; subsidence, liquefaction and other seismic hazards
identified pursuant to Chapter 7.8 (commencing with Section 2690) of
the Public Resources Code, and other geologic hazards known to the
legislative body; flooding; and wild land and urban fires.  The
safety element shall include mapping of known seismic and other
geologic hazards.  It shall also address evacuation routes, military
installations, peakload water supply requirements, and minimum road
widths and clearances around structures, as those items relate to
identified fire and geologic hazards.  Prior to the periodic review
of its general plan and prior to preparing or revising its safety
element, each city and county shall consult the Division of Mines and
Geology of the Department of Conservation and the Office of
Emergency Services for the purpose of including information known by
and available to the department and the office required by this
subdivision.
   To the extent that a county's safety element is sufficiently
detailed and contains appropriate policies and programs for adoption
by a city, a city may adopt that portion of the county's safety
element that pertains to the city's planning area in satisfaction of
the requirement imposed by this subdivision.
   At least 45 days prior to adoption or amendment of the safety
element, each county and city shall submit to the Division of Mines
and Geology of the Department of Conservation one copy of a draft of
the safety element or amendment and any technical studies used for
developing the safety element. The division may review drafts
submitted to it to determine whether they incorporate known seismic
and other geologic hazard information, and report its findings to the
planning agency within 30 days of receipt of the draft of the safety
element or amendment pursuant to this subdivision.  The legislative
body shall consider the division's findings prior to final adoption
of the safety element or amendment unless the division's findings are
not available within the above prescribed time limits or unless the
division has indicated to the city or county that the division will
not review the safety element. If the division's findings are not
available within those prescribed time limits, the legislative body
may take the division's findings into consideration at the time it
considers future amendments to the safety element.  Each county and
city shall provide the division with a copy of its adopted safety
element or amendments.  The division may review adopted safety
elements or amendments and report its findings.  All findings made by
the division shall be advisory to the planning agency and
legislative body.
  SEC. 5.3.  Section 65302 of the Government Code is amended to read:

   65302.  The general plan shall consist of a statement of
development policies and shall include a diagram or diagrams and text
setting forth objectives, principles, standards, and plan proposals.
  The plan shall include the following elements:
   (a) A land use element that designates the proposed general
distribution and general location and extent of the uses of the land
for housing, business, industry, open space, including agriculture,
natural resources, recreation, and enjoyment of scenic beauty,
education, public buildings and grounds, solid and liquid waste
disposal facilities, and other categories of public and private uses
of land.  The land use element shall include a statement of the
standards of population density and building intensity recommended
for the various districts and other territory covered by the plan.
The land use element shall identify areas covered by the plan which
are                                            subject to flooding
and shall be reviewed annually with respect to those areas.  The land
use element shall also do both of the following:
   (1) Designate in a land use category that provides for timber
production those parcels of real property zoned for timberland
production pursuant to the California Timberland Productivity Act of
1982, Chapter 6.7 (commencing with Section 51100) of Part 1 of
Division 1 of Title 5.
   (2) Consider the impact of new growth on military readiness
activities carried out on military bases, installations, and
operating and training areas, when proposing zoning ordinances or
designating land uses covered by the general plan for land, or other
territory adjacent to military facilities, or underlying designated
military aviation routes and airspace.
   (A) In determining the impact of new growth on military readiness
activities, information provided by military facilities shall be
considered. Cities and counties shall address military impacts based
on information from the military and other sources.
   (B) The following definitions govern this paragraph:
   (i) "Military readiness activities" mean all of the following:
   (I) Training, support, and operations that prepare the men and
women of the military for combat.
   (II) Operation, maintenance, and security of any military
installation.
   (III) Testing of military equipment, vehicles, weapons, and
sensors for proper operation or suitability for combat use.
   (ii) "Military installation" means a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity under
the jurisdiction of the United States Department of Defense as
defined in paragraph (1) of subsection (e) of Section 2687 of Title
10 of the United States Code.
   (b) A circulation element consisting of the general location and
extent of existing and proposed major thoroughfares, transportation
routes, terminals, any military airports and ports, and other local
public utilities and facilities, all correlated with the land use
element of the plan.
   (c) A housing element as provided in Article 10.6 (commencing with
Section 65580).
   (d) A conservation element for the conservation, development, and
utilization of natural resources including water and its hydraulic
force, forests, soils, rivers and other waters, harbors, fisheries,
wildlife, minerals, and other natural resources.  The conservation
element shall consider the effect of development within the
jurisdiction, as described in the land use element, on natural
resources located on public lands, including military installations.
That portion of the conservation element including waters shall be
developed in coordination with any countywide water agency and with
all district and city agencies that have developed, served,
controlled or conserved water for any purpose for the county or city
for which the plan is prepared.  Coordination shall include the
discussion and evaluation of any water supply and demand information
described in Section 65352.5, if that information has been submitted
by the water agency to the city or county.  The conservation element
may also cover the following:
   (1) The reclamation of land and waters.
   (2) Prevention and control of the pollution of streams and other
waters.
   (3) Regulation of the use of land in stream channels and other
areas required for the accomplishment of the conservation plan.
   (4) Prevention, control, and correction of the erosion of soils,
beaches, and shores.
   (5) Protection of watersheds.
   (6) The location, quantity and quality of the rock, sand and
gravel resources.
   (7) Flood control.
   The conservation element shall be prepared and adopted no later
than December 31, 1973.
   (e) An open-space element as provided in Article 10.5 (commencing
with Section 65560).
   (f) A noise element which shall identify and appraise noise
problems in the community.  The noise element shall recognize the
guidelines established by the Office of Noise Control in the State
Department of Health Services and shall analyze and quantify, to the
extent practicable, as determined by the legislative body, current
and projected noise levels for all of the following sources:
   (1) Highways and freeways.
   (2) Primary arterials and major local streets.
   (3) Passenger and freight on-line railroad operations and ground
rapid transit systems.
   (4) Commercial, general aviation, heliport, helistop, and military
airport operations, aircraft overflights, jet engine test stands,
and all other ground facilities and maintenance functions related to
airport operation.
   (5) Local industrial plants, including, but not limited to,
railroad classification yards.
   (6) Other ground stationary noise sources, including, but not
limited to, military installations, identified by local agencies as
contributing to the community noise environment.
   Noise contours shall be shown for all of these sources and stated
in terms of community noise equivalent level (CNEL) or day-night
average level (Ldn).  The noise contours shall be prepared on the
basis of noise monitoring or following generally accepted noise
modeling techniques for the various sources identified in paragraphs
(1) to (6), inclusive.
   The noise contours shall be used as a guide for establishing a
pattern of land uses in the land use element that minimizes the
exposure of community residents to excessive noise.
   The noise element shall include implementation measures and
possible solutions that address existing and foreseeable noise
problems, if any.  The adopted noise element shall serve as a
guideline for compliance with the state's noise insulation standards.

   (g) A safety element for the protection of the community from any
unreasonable risks associated with the effects of seismically induced
surface rupture, ground shaking, ground failure, tsunami, seiche,
and dam failure; slope instability leading to mudslides and
landslides; subsidence, liquefaction and other seismic hazards
identified pursuant to Chapter 7.8 (commencing with Section 2690) of
the Public Resources Code, and other geologic hazards known to the
legislative body; flooding; and wild land and urban fires.  The
safety element shall include mapping of known seismic and other
geologic hazards.  It shall also address evacuation routes, military
installations, peakload water supply requirements, and minimum road
widths and clearances around structures, as those items relate to
identified fire and geologic hazards.
   (1) Prior to the periodic review of its general plan and prior to
preparing or revising its safety element, each city and county shall
consult the Division of Mines and Geology of the Department of
Conservation and the Office of Emergency Services for the purpose of
including information known by and available to the department and
the office required by this subdivision.
   (2) To the extent that a county's safety element is sufficiently
detailed and contains appropriate policies and programs for adoption
by a city, a city may adopt that portion of the county's safety
element that pertains to the city's planning area in satisfaction of
the requirement imposed by this subdivision.
  SEC. 5.5.  Section 65302 of the Government Code is amended to read:

   65302.  The general plan shall consist of a statement of
development policies and shall include a diagram or diagrams and text
setting forth objectives, principles, standards, and plan proposals.
  The plan shall include the following elements:
   (a) A land use element that designates the proposed general
distribution and general location and extent of the uses of the land
for housing, business, industry, open space, agriculture, natural
resources, recreation, and enjoyment of scenic beauty, education,
public buildings and grounds, solid and liquid waste disposal
facilities, and other categories of public and private uses of land.
The land use element shall include a statement of the standards of
population density and building intensity recommended for the various
districts and other territory covered by the plan. The land use
element shall identify areas covered by the plan that are subject to
flooding and shall be reviewed annually with respect to those areas.
The land use element shall also do both of the following:
   (1) Designate in a land use category that provides for timber
production those parcels of real property zoned for timberland
production pursuant to the California Timberland Productivity Act of
1982, Chapter 6.7 (commencing with Section 51100) of Part 1 of
Division 1 of Title 5.
   (2) Consider the impact of new growth on military readiness
activities carried out on military bases, installations, and
operating and training areas, when proposing zoning ordinances or
designating land uses covered by the general plan for land, or other
territory adjacent to military facilities, or underlying designated
military aviation routes and airspace.
   (A) In determining the impact of new growth on military readiness
activities, information provided by military facilities shall be
considered. Cities and counties shall address military impacts based
on information from the military and other sources.
   (B) The following definitions govern this paragraph:
   (i) "Military readiness activities" mean all of the following:
   (I) Training, support, and operations that prepare the men and
women of the military for combat.
   (II) Operation, maintenance, and security of any military
installation.
   (III) Testing of military equipment, vehicles, weapons, and
sensors for proper operation or suitability for combat use.
   (ii) "Military installation" means a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity under
the jurisdiction of the United States Department of Defense as
defined in paragraph (1) of subsection (e) of Section 2687 of Title
10 of the United States Code.
   (b) A circulation element consisting of the general location and
extent of existing and proposed major thoroughfares, transportation
routes, terminals, any military airports and ports, and other local
public utilities and facilities, all correlated with the land use
element of the plan.
   (c) A housing element as provided in Article 10.6 (commencing with
Section 65580).
   (d) A conservation element for the conservation, development, and
utilization of natural resources including water and its hydraulic
force, forests, soils, rivers and other waters, harbors, fisheries,
wildlife, minerals, and other natural resources.  The conservation
element shall consider the effect of development within the
jurisdiction, as described in the land use element, on natural
resources located on public lands, including military installations.
That portion of the conservation element including waters shall be
developed in coordination with any countywide water agency and with
all district and city agencies that have developed, served,
controlled or conserved water for any purpose for the county or city
for which the plan is prepared.  Coordination shall include the
discussion and evaluation of any water supply and demand information
described in Section 65352.5, if that information has been submitted
by the water agency to the city or county.  The conservation element
may also cover the following:
   (1) The reclamation of land and waters.
   (2) Prevention and control of the pollution of streams and other
waters.
   (3) Regulation of the use of land in stream channels and other
areas required for the accomplishment of the conservation plan.
   (4) Prevention, control, and correction of the erosion of soils,
beaches, and shores.
   (5) Protection of watersheds.
   (6) The location, quantity and quality of the rock, sand and
gravel resources.
   (7) Flood control.
   (8) Conservation of agricultural lands.
   The conservation element shall be prepared and adopted no later
than December 31, 1973.
   (e) An agricultural and open-space element as provided in Article
10.5 (commencing with Section 65560).
   (f) A noise element which shall identify and appraise noise
problems in the community.  The noise element shall recognize the
guidelines established by the Office of Noise Control in the State
Department of Health Services and shall analyze and quantify, to the
extent practicable, as determined by the legislative body, current
and projected noise levels for all of the following sources:
   (1) Highways and freeways.
   (2) Primary arterials and major local streets.
   (3) Passenger and freight on-line railroad operations and ground
rapid transit systems.
   (4) Commercial, general aviation, heliport, helistop, and military
airport operations, aircraft overflights, jet engine test stands,
and all other ground facilities and maintenance functions related to
airport operation.
   (5) Local industrial plants, including, but not limited to,
railroad classification yards.
   (6) Other ground stationary noise sources, including, but not
limited to, military installations, identified by local agencies as
contributing to the community noise environment.
   Noise contours shall be shown for all of these sources and stated
in terms of community noise equivalent level (CNEL) or day-night
average level (Ldn).  The noise contours shall be prepared on the
basis of noise monitoring or following generally accepted noise
modeling techniques for the various sources identified in paragraphs
(1) to (6), inclusive.
   The noise contours shall be used as a guide for establishing a
pattern of land uses in the land use element that minimizes the
exposure of community residents to excessive noise.
   The noise element shall include implementation measures and
possible solutions that address existing and foreseeable noise
problems, if any.  The adopted noise element shall serve as a
guideline for compliance with the state's noise insulation standards.

   (g) A safety element for the protection of the community from any
unreasonable risks associated with the effects of seismically induced
surface rupture, ground shaking, ground failure, tsunami, seiche,
and dam failure; slope instability leading to mudslides and
landslides; subsidence, liquefaction and other seismic hazards
identified pursuant to Chapter 7.8 (commencing with Section 2690) of
the Public Resources Code, and other geologic hazards known to the
legislative body; flooding; and wild land and urban fires.  The
safety element shall include mapping of known seismic and other
geologic hazards.  It shall also address evacuation routes, military
installations, peakload water supply requirements, and minimum road
widths and clearances around structures, as those items relate to
identified fire and geologic hazards.
   (1) Prior to the periodic review of its general plan and prior to
preparing or revising its safety element, each city and county shall
consult the Division of Mines and Geology of the Department of
Conservation and the Office of Emergency Services for the purpose of
including information known by and available to the department and
the office required by this subdivision.
   (2) To the extent that a county's safety element is sufficiently
detailed and contains appropriate policies and programs for adoption
by a city, a city may adopt that portion of the county's safety
element that pertains to the city's planning area in satisfaction of
the requirement imposed by this subdivision.
  SEC. 6.  Section 65560 of the Government Code is amended to read:
   65560.  (a) "Local open-space plan" is the open-space element of a
county or city general plan adopted by the board or council, either
as the local open-space plan or as the interim local open-space plan
adopted pursuant to Section 65563.
   (b) "Open-space land" is any parcel or area of land or water that
is essentially unimproved and devoted to an open-space use as defined
in this section, and that is designated on a local, regional or
state open-space plan as any of the following:
   (1) Open space for the preservation of natural resources
including, but not limited to, areas required for the preservation of
plant and animal life, including habitat for fish and wildlife
species; areas required for ecologic and other scientific study
purposes; rivers, streams, bays and estuaries; and coastal beaches,
lakeshores, banks of rivers and streams, and watershed lands.
   (2) Open space used for the managed production of resources,
including but not limited to, forest lands, rangeland, agricultural
lands and areas of economic importance for the production of food or
fiber; areas required for recharge of groundwater basins; bays,
estuaries, marshes, rivers and streams which are important for the
management of commercial fisheries; and areas containing major
mineral deposits, including those in short supply.
   (3) Open space for outdoor recreation, including but not limited
to, areas of outstanding scenic, historic and cultural value; areas
particularly suited for park and recreation purposes, including
access to lakeshores, beaches, and rivers and streams; and areas
which serve as links between major recreation and open-space
reservations, including utility easements, banks of rivers and
streams, trails, and scenic highway corridors.
   (4) Open space for public health and safety, including, but not
limited to, areas which require special management or regulation
because of hazardous or special conditions such as earthquake fault
zones, unstable soil areas, flood plains, watersheds, areas
presenting high fire risks, areas required for the protection of
water quality and water reservoirs and areas required for the
protection and enhancement of air quality.
   (5) Open space in support of the mission of military installations
that comprises areas adjacent to military installations, military
training routes, and underlying restricted airspace that can provide
additional buffer zones to military activities and complement the
resource values of the military lands.
  SEC. 6.1.  Section 65560 of the Government Code is amended to read:

   65560.  (a) The agricultural and open-space element is the
component of a county or city general plan adopted by the legislative
body pursuant to Section 65563.
   (b) "Agricultural and open-space land" is any parcel or area of
land or water that is essentially unimproved and devoted to one or
more land uses as defined in this section, and that is designated on
a local, regional or state open-space plan as any of the following:
   (1) Land used for the preservation of natural resources including,
but not limited to, areas required for the preservation of plant and
animal life, including habitat for fish and wildlife species; areas
required for ecologic and other scientific study purposes; rivers,
streams, bays and estuaries; and coastal beaches, lakeshores, banks
of rivers and streams, and watershed lands.
   (2) Land used for the production of food or fiber, including, but
not limited to, prime farmland, farmland of statewide importance,
unique farmland, farmland of local importance, and grazing land,
excluding land committed to nonagricultural uses.
   (3) Land used for the managed production of resources, including
but not limited to, forest lands ; areas required for recharge of
groundwater basins; bays, estuaries, marshes, rivers and streams
which are important for the management of commercial fisheries; and
areas containing major mineral deposits, including those in short
supply.
   (4) Land for outdoor recreation, including, but not limited to,
areas of outstanding scenic, historic and cultural value; areas
particularly suited for park and recreation purposes, including
access to lakeshores, beaches, and rivers and streams; and areas
which serve as links between major recreation and open-space
reservations, including utility easements, banks of rivers and
streams, trails, and scenic highway corridors.
   (5) Land for public health and safety, including, but not limited
to, areas which require special management or regulation because of
hazardous or special conditions such as earthquake fault zones,
unstable soil areas, flood plains, watersheds, areas presenting high
fire risks, areas required for the protection of water quality and
water reservoirs and areas required for the protection and
enhancement of air quality.
   (6) Land for the protection of places, features, and objects
described in Sections 5097.9 and 5097.995 of the Public Resources
Code.
   (7) Land in support of the mission of military installations that
comprises areas adjacent to military installations, military training
routes, and underlying restricted airspace that can provide
additional buffer zones to military activities and complement the
resource values of the military lands.
  SEC. 6.3.  Section 65560 of the Government Code is amended to read:

   65560.  (a) "Local open-space plan" is the open-space element of a
county or city general plan adopted by the board or council, either
as the local open-space plan or as the interim local open-space plan
adopted pursuant to Section 65563.
   (b) "Open-space land" is any parcel or area of land or water that
is essentially unimproved and devoted to an open-space use as defined
in this section, and that is designated on a local, regional or
state open-space plan as any of the following:
   (1) Open space for the preservation of natural resources
including, but not limited to, areas required for the preservation of
plant and animal life, including habitat for fish and wildlife
species; areas required for ecologic and other scientific study
purposes; rivers, streams, bays and estuaries; and coastal beaches,
lakeshores, banks of rivers and streams, and watershed lands.
   (2) Open space used for the managed production of resources,
including but not limited to, forest lands, rangeland, agricultural
lands and areas of economic importance for the production of food or
fiber; areas required for recharge of groundwater basins; bays,
estuaries, marshes, rivers and streams which are important for the
management of commercial fisheries; and areas containing major
mineral deposits, including those in short supply.
   (3) Open space for outdoor recreation, including but not limited
to, areas of outstanding scenic, historic and cultural value; areas
particularly suited for park and recreation purposes, including
access to lakeshores, beaches, and rivers and streams; and areas
which serve as links between major recreation and open-space
reservations, including utility easements, banks of rivers and
streams, trails, and scenic highway corridors.
   (4) Open space for public health and safety, including, but not
limited to, areas which require special management or regulation
because of hazardous or special conditions such as earthquake fault
zones, unstable soil areas, flood plains, watersheds, areas
presenting high fire risks, areas required for the protection of
water quality and water reservoirs and areas required for the
protection and enhancement of air quality.
   (5) Open space in support of the mission of military installations
that comprises areas adjacent to military installations, military
training routes, and underlying restricted airspace that can provide
additional buffer zones to military activities and complement the
resource values of the military lands.
   (6) Open space for the protection of places, features, and objects
described in Sections 5097.9 and 5097.995 of the Public Resources
Code.
  SEC. 6.5.  Section 65560 of the Government Code is amended to read:

   65560.  (a) The agricultural and open-space element is the
component of a county or city general plan adopted by the legislative
body pursuant to Section 65563.
   (b) Agricultural and open-space land" is any parcel or area of
land or water that is essentially unimproved and devoted to one or
more land uses as defined in this section, and that is designated on
a local, regional or state open-space plan as any of the following:
   (1) Land used for the preservation of natural resources including,
but not limited to, areas required for the preservation of plant and
animal life, including habitat for fish and wildlife species; areas
required for ecologic and other scientific study purposes; rivers,
streams, bays and estuaries; and coastal beaches, lakeshores, banks
of rivers and streams, and watershed lands.
   (2) Land used for the production of food or fiber, including, but
not limited to, prime farmland, farmland of statewide importance,
unique farmland, farmland of local importance, and grazing land,
excluding land committed to nonagricultural uses.
   (3) Land used for the managed production of resources, including
but not limited to, forest lands ; areas required for recharge of
groundwater basins; bays, estuaries, marshes, rivers and streams
which are important for the management of commercial fisheries; and
areas containing major mineral deposits, including those in short
supply.
   (4) Land for outdoor recreation, including but not limited to,
areas of outstanding scenic, historic and cultural value; areas
particularly suited for park and recreation purposes, including
access to lakeshores, beaches, and rivers and streams; and areas
which serve as links between major recreation and open-space
reservations, including utility easements, banks of rivers and
streams, trails, and scenic highway corridors.
   (5) Land for public health and safety, including, but not limited
to, areas which require special management or regulation because of
hazardous or special conditions such as earthquake fault zones,
unstable soil areas, flood plains, watersheds, areas presenting high
fire risks, areas required for the protection of water quality and
water reservoirs and areas required for the protection and
enhancement of air quality.
   (6) Land for the protection of places, features, and objects
described in Sections 5097.9 and 5097.995 of the Public Resources
Code.
   (7) Land in support of the mission of military installations that
comprises areas adjacent to military installations, military training
routes, and underlying restricted airspace that can provide
additional buffer zones to military activities and complement the
resource values of the military lands.
  SEC. 7.  Part 14 (commencing with Section 37980) of Division 24 of
the Health and Safety Code is repealed.
  SEC. 8.  Section 8 of Chapter 971 of the Statutes of 2002 is
amended to read:
  Sec. 8.  A city or county shall not be required to comply with the
amendments made by this act to Sections 65302, 65302.3, 65560, and
65583 of the Government Code, relating to military readiness
activities, military personnel, military airports, and military
installations, until the
city or county undertakes its next general plan revision.
  SEC. 9.  This act shall become operative only if Assembly Bill 2565
of the 2003-04 Regular Session is enacted and becomes effective on
or before January 1, 2005.
  SEC. 10.  (a) Section 5.1 of this bill incorporates amendments to
Section 65302 of the Government Code proposed by both this bill and
AB 2055. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2005, but this bill
becomes operative first, (2) each bill amends Section 65302 of the
Government Code, and (3) this bill is enacted after AB 2055, in which
case Section 65302 of the Government Code, as amended by Section 5
of this bill, shall remain operative only until the operative date of
AB 2055, at which time Section 5.1 of this bill shall become
operative.
   (b) Section 5.3 of this bill incorporates amendments to Section
65302 of the Government Code proposed by both this bill and AB 3065.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2005, but this bill becomes
operative first, (2) each bill amends Section 65302 of the Government
Code, and (3) this bill is enacted after AB 3065, in which case
Section 65302 of the Government Code, as amended by Section 5 of this
bill, shall remain operative only until the operative date of AB
3065, at which time Section 5.3 of this bill shall become operative.

   (c) Section 5.5 of this bill incorporates amendments to Section
65302 of the Government Code proposed by this bill, AB 2055, and AB
3065.  It shall only become operative if (1) all those bills are
enacted and become effective on or before January 1, 2005, but this
bill becomes operative first, (2) each bill amends Section 65302 of
the Government Code, and (3) this bill is enacted after AB 2055 and
AB 3065, in which case Section 65302 of the Government Code, as
amended by Section 5 of this bill, shall remain operative only until
the operative date of AB 2055 and AB 3065, at which time Section 5.5
of this bill shall become operative.
  SEC. 11.  (a) Section 6.1 of this bill incorporates amendments to
Section 65560 of the Government Code proposed by both this bill and
AB 2055.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2005, but this
bill becomes operative first, (2) each bill amends Section 65560 the
Government Code, and (3) this bill is enacted after AB 2055, in which
case Section 65560 of the Government Code, as amended by Section 6
of this bill, shall remain operative only until the operative date of
AB 2055, at which time Section 6.1 of this bill shall become
operative.
   (b) Section 6.3 of this bill incorporates amendments to Section
65560 of the Government Code proposed by both this bill and SB 18.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2005, but this bill becomes
operative first, (2) each bill amends Section 65560 of the Government
Code, and (3) this bill is enacted after SB 18, in which case
Section 65560 of the Government Code, as amended by Section 6 of this
bill, shall remain operative only until the operative date of SB 18,
at which time Section 6.3 of this bill shall become operative.
   (c) Section 6.5 of this bill incorporates amendments to Section
65560 of the Government Code proposed by this bill, AB 2055, and SB
18.  It shall only become operative if (1) all those bills are
enacted and become effective on or before January 1, 2005, but this
bill becomes operative first, (2) each bill amends Section 65560 of
the Government Code, and (3) this bill is enacted after AB 2055 and
SB 18, in which case Section 65560 of the Government Code, as amended
by Section 6 of this bill, shall remain operative only until the
operative date of AB 2055 and SB 18, at which time Section 6.5 of
this bill shall become operative.
  SEC. 12.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect.  The facts constituting the necessity are:
   In order to enable the Office of Military and Aerospace Support to
accept private funds at the earliest possible date, and to provide
continuity in the technical assistance and training for small cities
to accomplish community and economic revitalization and development,
it is necessary that this act take effect immediately.