BILL NUMBER: AB 2094 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 24, 2008
INTRODUCED BY Assembly Members DeSaulnier and Laird
FEBRUARY 19, 2008
An act to amend Section 66536.1 of, and to add Sections 66536.2
and 66646.1 66646.2 to, the Government
Code, relating to regional planning.
LEGISLATIVE COUNSEL'S DIGEST
AB 2094, as amended, DeSaulnier. San Francisco Bay Conservation
and Development Commission.
(1) The Metropolitan Transportation Commission Act creates the
Metropolitan Transportation Commission as a regional agency in the
9-county Bay Area with comprehensive regional transportation planning
and other related responsibilities. Existing law requires a joint
policy committee of the commission and ,
the Association of Bay Area Governments , and the Bay
Area Air Quality Management District to coordinate the development
and drafting of major planning documents prepared by the 3 agencies.
Existing law provides for the San Francisco Bay Conservation and
Development Commission and specifies its duties and membership.
This bill would require , by January 1, 2009, that
the San Francisco Bay Conservation and Development
Commission to be represented on the joint policy committee
. Thus imposing a State-mandated local program by requiring
a local agency to perform additional duties. The joint policy
committee and would include the San Francisco
Bay Conservation and Development Commission in the coordination and
drafting of major planning documents prepared by th e
member agencies. By imposing new duties on local agencies, the bill
would impose a state-mandated local program . The
bill would also authorize the San Francisco Bay
Conservation and Development Commission, in coordination with
local governments, regional councils of government ,
and other agencies and interested parties, would be
authorized to develop regional strategies, as needed, for
addressing the impacts of, and adapting to, the effects of sea level
rise and other impacts of global climate change on the San Francisco
Bay and affected shoreline areas .
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 66536.1 of the Government Code is amended to
read:
66536.1. (a) The joint policy committee shall prepare a report
analyzing the feasibility of consolidating functions separately
performed by ABAG and MTC. The report shall be reviewed and approved
by MTC and the ABAG executive board and submitted to the Legislature
by January 1, 2006.
(b) The combined membership of the joint policy committee shall
include at least one representative from each of the nine regional
counties: Alameda, Contra Costa, Marin, Napa, Sonoma, San Mateo, San
Francisco, Santa Clara, and Solano.
(c) The joint policy committee shall coordinate the development
and drafting of major planning documents prepared by ABAG, MTC, the
Bay Area Air Quality Management District, the San Francisco Bay
Conservation and Development Commission, and any other member agency,
including reviewing and commenting on major interim work products
and the final draft comments prior to action by ABAG, MTC, the Bay
Area Air Quality Management District, the San Francisco Bay
Conservation and Development Commission, and any other member agency.
These documents include, but are not limited to, the following:
(1) Beginning with the next plan update scheduled to be adopted in
2008, the regional transportation plan prepared by MTC and described
in Section 66508 of the Government Code.
(2) The ABAG Housing Element planning process for regional housing
needs pursuant to Article 10.6 (commencing with Section 65580) of
Chapter 3 of Division 1 of Title 7.
(3) The Bay Area Air Quality Management District's Ozone
Attainment Plan and Clean Air Plan.
(4) The San Francisco Bay Plan and related documents.
SEC. 2. Section 66536.2 is added to the Government Code, to read:
66536.2. (a) The Legislature finds and declares:
(1) The Association of Bay Area Governments, the Bay Area Air
Quality Management District, and the Metropolitan Transportation
Commission have been working together through a joint policy
committee to coordinate and improve the quality of land use,
transportation, and air quality planning in the Bay Area.
(2) The San Francisco Bay Conservation and Development Commission
has comprehensive planning and regulatory authority in all nine Bay
Area counties for the San Francisco Bay, Suisun Marsh, and
their respective shorelines, certain waterways, salt
ponds, and managed wetlands, and through that authority plays a
critical role in the land use and transportation future of the Bay
Area.
(3) The San Francisco Bay Conservation and Development Commission
has an active interest in regional planning, as it has expressed a
desire to join the joint policy committee, and the joint policy
committee has determined it would benefit by adding the San Francisco
Bay Conservation and Development Commission as a member.
(b) The joint policy committee shall include the San Francisco Bay
Conservation and Development Commission as a represented agency with
an equal number of committee members as other represented agencies
by January 1, 2009.
SEC. 3. Section 66646.1 is added to the
Government Code, to read:
66646.1. The San Francisco Bay Conservation and Development
Commission, in coordination with regional councils of government and
other agencies and interested parties, may develop regional
strategies, as needed, for addressing the impacts of, and adapting
to, the effects of sea level rise and other impacts of global climate
change on the San Francisco Bay. These regional strategies may
include, but are not limited to, the following:
(a) Identification of areas that may be subject to erosion,
inundation, or other impacts from sea level rise and climate change.
(b) Economic and environmental analyses of the benefits and costs
of protecting the areas likely to be impacted.
(c) A plan that describes how to accommodate projected sea level
rise, protect resources from erosion and inundation, and maintain,
restore, or enhance the productivity of coastal and bay environments.
SEC. 3. Section 66646.2 is added to the
Government Code , to read:
66646.2. The San Francisco Bay Conservation and Development
Commission, in coordination with local governments, regional councils
of government, and other agencies and interested parties, may
develop regional strategies, as needed, for addressing the impacts
of, and adapting to, the effects of sea level rise and other impacts
of global climate change on the San Francisco Bay and affected
shoreline areas. These regional strategies may include, but are not
limited to, the following:
(a) Identification of areas that may be subject to erosion,
inundation, or other impacts from sea level rise and climate change.
(b) Economic and environmental analyses of the benefits and costs
of protecting the areas likely to be impacted.
(c) A plan that describes how to mitigate and adapt to projected
sea level rise and other climate-change impacts on the bay and
shoreline, including protecting resources from erosion and
inundation, and maintaining, restoring, or enhancing the productivity
of bay and shoreline environments.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.