BILL NUMBER: AB 153	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 12, 2010
	AMENDED IN SENATE  JUNE 21, 2010

INTRODUCED BY   Assembly  Member   Ma
  Members   Hernandez   and Eng 

                        JANUARY 23, 2009

    An act to add Section 65083 to, and to repeal and add
Section 65040.6 of, the Government Code, and to amend Section 9250.17
of the Vehicle Code, relating to land use and planning. 
 An act to amend Section 79770 of the Water Code, relating to
water, and declaring the urgency thereof, to take effect immediately.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 153, as amended,  Ma   Hernandez  .
 Land use and planning: environmental quality.  
Safe, Clean, and Reliable Drinking Water Supply Act of 2012:
groundwater contamination.  
   Existing law creates the Safe, Clean, and Reliable Drinking Water
Supply Act of 2012, which, if approved by the voters, would authorize
the issuance of bonds in the amount of $11,140,000,000 pursuant to
the State General Obligation Bond Law to finance a safe drinking
water and water supply reliability program.  
   The bond act, among other things, would make $1,000,000,000
available, upon appropriation by the Legislature, for expenditures,
grants, and loans for projects to prevent or reduce the contamination
of groundwater that serves as a source of drinking water, and would
require funds appropriated pursuant to that authority to be available
to the State Department of Public Health for groundwater
contamination projects. Of that amount, the bond act would require
not less than $100,000,000 to be available for projects that meet
prescribed requirements and criteria, including addressing
contamination at a site on a specified list maintained by the
Department of Toxic Substances Control or a site listed on the
National Priorities List.  
   This bill would instead require not less than $100,000,000 to be
available for costs associated with projects, programs, or activities
that meet those prescribed requirements and criteria.  
   The bill would require the Secretary of State to include the
changes made by this bill when submitting the bond act to the voters
at the November 6, 2012, statewide general election.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   (1) The Planning and Zoning Law establishes the Planning Advisory
and Assistance Council in the Office of Planning and Research, and
prescribes the membership and duties of the council. 

   This bill would modify the membership of the council, establish
new processes for selecting specified members of the council, and
prescribe new duties on the council relating to the reduction of
greenhouse gas emissions.  
   (2) The Planning and Zoning Law also requires certain
transportation planning activities by regional transportation
planning agencies designated by the Director of Transportation,
including the development of a regional transportation plan. That law
requires the regional transportation plan to include, among other
items, a sustainable communities strategy, to be prepared as
specified.  
   This bill would authorize a metropolitan planning organization, a
council of governments, or a county transportation commission and a
subregional council of governments jointly preparing a subregional
sustainable communities strategy, singularly titled an "authority"
and collectively titled the "authorities," to levy a mitigation fee
of up to $4 upon the registration or renewal of registration of any
motor vehicle registered in a county or city and county within the
jurisdiction of the authority, upon receiving voter approval to
implement and impose the fee from a majority of the aggregate voters
in all counties and cities and counties within the jurisdiction of
the authority.  
   The bill would require an authority seeking to implement and
impose the fee to adopt a measure containing specified findings of
fact, and, upon the authority's adoption of the measure and its
written request to the counties and cities and counties within its
jurisdiction, the board of supervisors of each of those counties and
cities and counties to submit to the voters, at a local election
consolidated with a statewide primary or general election specified
by the authority, the measure adopted by the authority. 

   The bill would authorize the authority, upon the approval of the
measure by an aggregate majority of the voters of all counties and
cities and counties within its jurisdiction, to implement and impose
the fee. The bill would also authorize the authority, if the measure
is not approved, to reuse this procedure to seek voter approval of
the fee. The bill would require the authority to reimburse each
county and city and county within its jurisdiction for the cost of
submitting the measure to the voters, from the fee revenues it
receives if the measure is approved, and from funds available through
the Mills-Alquist-Deddeh Act if the measure is not approved.
 
   The bill would require, if the authority's measure is adopted by a
majority of the aggregate voters in all counties and cities and
counties within the authority's jurisdiction, the Department of Motor
Vehicles to collect and administer the fee, as specified, and the
authority to deposit all fee revenues it receives from the department
in the Regional Blueprint Plan Implementation Fund, to be created
and administered by the authority. The bill would require the net
revenues of the fee received by the authority to be used to identify
land use strategies, reduce the use of motor vehicles within its
jurisdiction, and to carry out specified transportation-related
activities, for the purpose of achieving a specified greenhouse gas
emission reduction target.  
   The bill would require, if the fee exceeds $2, all revenue derived
from the amount of the fee in excess of $2 to be made available by
the authority in the form of grants to specified entities within its
jurisdiction, as specified. The bill would require the grants to be
used exclusively for planning and projects relating to the
implementation of a sustainable communities strategy or a regional
blueprint plan.  
   The bill would authorize the authority to divide the fee revenues
it receives with the local air quality management district that has
responsibility over all or part of the same geographic area, pursuant
to an agreement with that district, and would require the district
to use all fee revenues it receives to assist local and regional
governments in reducing greenhouse gas emissions.  
   (3) Existing law requires the Department of Motor Vehicles, if
requested by a county air pollution control district, air quality
management district, or unified or regional air pollution control
district, to collect specified fees upon the registration or renewal
of registration of any motor vehicle in the district, except those
vehicles which are expressly exempt from the payment of registration
fees. Existing law requires the department, after deducting its
costs, to distribute the revenues of the fees to the appropriate
district.  
   This bill would additionally require the department, if requested
by an authority, to collect the authority's mitigation fee upon the
registration or renewal of registration of any motor vehicle
registered within the jurisdiction of the authority, and, after
deducting its costs as specified, to distribute the revenues of the
mitigation fee to the appropriate authority. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


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

   SECTION 1.    Section 79770 of the   Water
Code   , as added by Chapter 3 of the Seventh Extraordinary
Session of the Statutes of 2009, is amended to read: 
   79770.  (a) The sum of one billion dollars ($1,000,000,000) shall
be available, upon appropriation by the Legislature from the fund,
for expenditures, grants, and loans for projects to prevent or reduce
the contamination of groundwater that serves as a source of drinking
water. Projects shall be consistent with an adopted integrated
regional water management plan. Funds appropriated pursuant to this
section shall be available to the State Department of Public Health
for projects necessary to protect public health by preventing or
reducing the contamination of groundwater that serves as a major
source of drinking water for a community.
   (b) Projects shall be prioritized based upon the following
criteria:
   (1) The threat posed by groundwater contamination to the affected
community's overall drinking water supplies, including the need for
treatment of alternative supplies if groundwater is not available due
to contamination.
   (2) The potential for groundwater contamination to spread and
reduce drinking water supply and water storage for nearby population
areas.
   (3) The potential of the project, if fully implemented, to enhance
local water supply reliability.
   (4) The potential of the project to increase opportunities for
groundwater recharge and optimization of groundwater supplies.
   (c) The State Department of Public Health shall give additional
consideration to projects that meet any of the following criteria:
   (1) The project is implemented pursuant to a comprehensive
basinwide groundwater quality management and remediation plan or is
necessary to develop a comprehensive groundwater plan.
   (2) Affected groundwater provides a local supply that, if
contaminated and not remediated, will require import of additional
water from outside the region.
   (3) The project will serve an economically disadvantaged community
or an economically distressed area.
   (4) The project addresses contamination at a site where the
responsible parties have not been identified, or where the
responsible parties are unwilling or unable to pay for cleanup.
   (d) Of the amount made available by this section, not less than
one hundred million dollars ($100,000,000) shall be available for
 projects   costs associated with projects,
programs, or activities  that meet the requirements of this
section and both of the following criteria:
   (1) The  project is   costs are  part of
a basinwide management and remediation plan for which federal funds
have been allocated.
   (2) The  project addresses   costs address
 contamination at a site on the list maintained by the
Department of Toxic Substances Control pursuant to Section 25356 of
the Health and Safety Code or a site listed on the National
Priorities List pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et
seq.).
   (e) Of the amount made available by this section, one hundred
million dollars ($100,000,000) shall be available to the State
Department of Public Health for grants and direct expenditures to
finance emergency and urgent actions in accordance with this section
on behalf of disadvantaged communities and economically distressed
areas to ensure that safe drinking water supplies are available to
all Californians.
   (f) The Legislature, by statute, shall establish both of the
following:
   (1) Requirements for repayment of grant funds in the event of cost
recovery from parties responsible for the groundwater contamination.

   (2) Requirements for recipients of grants to make reasonable
efforts to recover costs from parties responsible for groundwater
contamination.
   SEC. 2.    The Secretary of State shall submit
Section 79770 of the Water Code, as amended by Section 1 of this act,
in place of Section 79770 of the Water Code, as added by Section 1
of Chapter 3 of the Seventh Extraordinary Session of the Statutes of
2009, in order that it is voted upon as part of the Safe, Clean, and
Reliable Drinking Water Supply Act of 2012 at the November 6, 2012,
statewide general election. 
   SEC. 3.    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 Secretary of State to make the changes
required by this act at the earliest possible date, it is necessary
that this act take effect immediately.  
  SECTION 1.    (a) The Legislature finds and
declares the following:
   (1) Uncoordinated and unplanned growth together with a lack of
common goals to effect the public's interest in the conservation and
wise use of our lands pose a threat to the environment, sustainable
economic development, and the health, safety, and high quality of
life enjoyed by residents of this state.
   (2) The enactment of Senate Bill 375 of the 2007-08 Regular
Session (Chapter 728 of the Statutes of 2008) and the establishment
of requirements for regional transportation plans to address
greenhouse gases can only be successfully implemented if regional and
local governments have the tools they need to collaboratively plan
for the type of growth that can achieve these goals, and if that
collaborative planning is coordinated with the efforts of the
Governor's Strategic Growth Council and other state agencies as
required by the enactment of Senate Bill 732 of the 2007-08 Regular
Session (Chapter 729 of the Statutes of 2008).
   (3) The successful development of sustainable communities
strategies as part of regional transportation plans and
implementation of those strategies by the amendment of city and
county general and specific plans will result in significantly
reduced vehicle travel. The reduced vehicle travel will reduce
greenhouse gas emissions and air pollution and provide environmental
benefits that mitigate the adverse impacts associated with vehicle
use. The resulting reduction in traffic congestion provides a user
benefit to all vehicle owners which is at least equal in value to a
fee of up to $4 per vehicle annually.
   (4) Cooperation between regional and local governments and air
districts is essential to the achievement of the greenhouse gas
emission reductions envisioned in regional transportation plans.
   (5) Therefore, it is in the public interest that state residents,
communities, local governments, air districts, and the private sector
cooperate and coordinate with one another in comprehensive,
sustainable land use planning.
   (b) It is the intent of the Legislature to update the duties and
composition of the Planning Advisory and Assistance Council to assist
in the state's land use planning processes by providing funding to
support the development and implementation of regional blueprints and
related planning and to work with state agencies providing funding
for resource protection and local infrastructure to facilitate
coordination between state planning, funding decisions, and regional
blueprint plans.  
  SEC. 2.    Section 65040.6 of the Government Code
is repealed.  
  SEC. 3.    Section 65040.6 is added to the
Government Code, to read:
   65040.6.  (a) (1) The Planning Advisory and Assistance Council is
hereby created within the office. The membership of the council shall
include all of the following:
   (A) Three city representatives.
   (B) Three county representatives.
   (C) Seven representatives of regional planning organizations.
   (D) One member of the State Air Resources Board.
   (E) One member of the California Transportation Commission.
   (F) One member of the State Energy Resources Conservation and
Development Commission.
   (G) One member appointed by the Speaker of the Assembly.
   (H) One member appointed by the Senate Committee on Rules.
   (I) One representative of Indian tribes and bands which have
reservations or rancherias within the state.
   (2) (A)  The city and county representatives appointed pursuant to
paragraph (1) shall be selected by the Director of State Planning
and Research from nominees submitted by the League of California
Cities and by the California State Association of Counties.
   (B) Representatives of regional planning organizations appointed
pursuant to paragraph (1) shall be selected by the director from
nominees submitted by the regional planning organizations specified
in clauses (i) to (v), inclusive, and from nominees submitted by the
California Association of Councils of Governments for those specified
in clauses (vi) and (vii).
   (i) The Southern California Association of Governments.
   (ii) The Metropolitan Transportation Commission or the Association
of Bay Area Governments.
   (iii) The San Diego Association of Governments.
   (iv) The Sacramento Area Council of Governments.
   (v) The San Joaquin Valley Regional Policy Council.
   (vi) A metropolitan planning organization or council of
governments that is not identified in clauses (i) to (v), inclusive.
   (vii) A regional transportation planning agency, as defined in
Section 65080, that is neither a metropolitan planning organization
nor a council of governments.
   (C)  The representative of Indian tribes and bands shall be a
member of one tribe or band, and shall be selected by the director.
   (3) Appointment to the council shall be for a term of two years,
provided that the members of the first council shall classify
themselves by lot so that one-half shall serve an initial term of one
year and one-half shall serve an initial term of two years.
Vacancies shall be filled in the same manner provided for the
original appointment.
   (b) The council shall provide advice as may be necessary to assist
the office in discharging the requirements of Sections 65040 to
65040.4, inclusive. In particular, the council shall do all of the
following:
   (1) Assist the office in the preparation of the state long-range
goals and policies, in the manner specified in subdivision (a) of
Section 65040.
   (2) Evaluate the planning functions of the various state agencies
involved in planning, in the manner specified in subdivision (c) of
Section 65040.
   (3) Make appropriate decisions and provide advice and assistance
as required by federal statute or regulation in connection with any
federal program administered by the office.
   (4) Work with the Strategic Growth Council, established pursuant
to Section 75121 of the Public Resources Code, regional agencies,
including, but not limited to, metropolitan planning organizations or
councils of governments, and with cities and counties to facilitate
the implementation of regional blueprint plans.
   (5) Develop and propose recommendations to the Strategic Growth
Council, the Department of General Services, the State Allocation
Board, the Department of Housing and Community Development, the
Department of Transportation, the California Transportation
Commission, and any other state agencies that affect land use,
housing, or transportation in order to facilitate coordination among
regional blueprint plans, state growth and infrastructure funding
plans, and programs that facilitate the implementation of regional
blueprint plans.
   (6) Receive reports, including, but not limited to, a copy of the
five-year infrastructure plan described in Section 13102.
   (7) Report to the Legislature, in consultation and coordination
with the Strategic Growth Council, on the manner in which state
agencies are implementing the requirements of Chapter 1016 of the
Statutes of 2002.
   (8) Report to the Legislature on regional performance measures,
evaluating the progress of each region of the state in improving
results for its residents in employment, environmental protection,
education, housing, mobility, and other criteria as determined by the
council. The council shall provide the Legislature with updates to
the report periodically, as the council deems necessary.
   (c) The council shall meet on call of the director, who shall
convene at least two council meetings during each year.
   (d) Council members shall serve without compensation, but they may
be reimbursed for actual expenses incurred in connection with their
duties.  
  SEC. 4.    Section 65083 is added to the
Government Code, to read:
   65083.  (a) In addition to any other fees provided for by law, and
subject to approval of the voters pursuant to subdivision (b), a
metropolitan planning organization, as defined in Section 134 of
Title 23 of the United States Code, a council of governments, as
defined in Section 65582, or a county transportation commission and a
subregional council of governments jointly preparing a subregional
sustainable communities strategy pursuant to subparagraph (D) of
paragraph (2) of subdivision (b) of Section 65080, singularly titled
an "authority" and collectively titled the "authorities," may levy a
mitigation fee of up to four dollars ($4) upon the registration or
renewal of registration of any motor vehicle registered in a county
or city and county within the jurisdiction of the authority, to be
collected and administrated as specified in Section 9250.17 of the
Vehicle Code.
   (b) (1) In order to implement and impose the fee provided for by
subdivision (a), the authority shall adopt a measure authorizing it
to implement and impose the fee in every county or city and county
within its jurisdiction.
   (2) A measure adopted pursuant to paragraph (1) by the
Metropolitan Transportation Commission or the Association of Bay Area
Governments, or a county transportation commission or a subregional
council of governments within the jurisdiction of the Southern
California Association of Governments, shall be jointly adopted by
both entities, and revenue derived from the fee shall be divided in
accordance with an agreement between both entities.
   (3) The authority's measure shall contain all of the following
findings of fact:
   (A) That the programs and projects to be funded by the fee are
consistent with the sustainable communities strategies and regional
blueprint plans applicable in the jurisdiction of the authority
levying the fee.
   (B) That the amount of the fee assessed and paid does not exceed
the reasonable cost of providing those programs and projects.
   (C) That the fee is not for unrelated revenue purposes.
   (D) That a clear nexus exists between the payer's activities and
the alleged adverse effects addressed by the fee.
   (E) That the amount of the fee bears a reasonable relationship to
the social or economic burdens created by the feepayer's activities.
   (4) Following the adoption of the measure by the authority and its
submission of a written request to each county and city and county
within its jurisdiction to do so, the board of supervisors of each of
those counties and cities and counties shall submit the measure
adopted by the authority to the voters at a local election
consolidated with a statewide primary or general election specified
by the authority.
   (5) The authority shall reimburse each county or city and county
within its jurisdiction for the cost of submitting the measure to the
voters. These costs shall be reimbursed from revenues derived from
the fee if the measure is approved by the voters, or if the measure
is not approved, from funds available through the
Mills-Alquist-Deddeh Act (Chapter 4 (commencing with Section 99200)
of Part 11 of Division 10 of the Public Utilities Code).
   (c) (1) Upon the approval of the measure by an aggregate majority
of all voters in all counties and cities and counties within the
authority's jurisdiction, the authority may implement and impose the
fee in those counties and cities and counties. Upon the request of
the authority, the Department of Motor Vehicles shall collect and
administer the fee as specified in Section 9250.17 of the Vehicle
Code. All fee revenues received by the authority from the Department
of Motor Vehicles pursuant to Section 9250.17 of the Vehicle Code
shall be deposited in the Regional Blueprint Plan Implementation
Fund, to be created and administered by the authority, and shall be
expended only as authorized by this section.
   (2) If an aggregate majority of all voters of all counties and
cities and counties within the authority's jurisdiction does not
approve of the measure, the authority may reuse the procedure set
forth in subdivision (b) to seek the requisite voter approval of the
fee.
   (d) The net revenues of the fee received by an authority shall be
used to identify land use strategies, reduce the use of motor
vehicles within its jurisdiction, and carry out applicable
transportation-related activities necessary to implement a regional
blueprint plan, a sustainable communities strategy, or an alternative
planning strategy, and to thereby work towards achievement of the
greenhouse gas emission reduction target specified in Section 65080.
   (e) If the fee exceeds two dollars ($2), all revenue derived from
the amount of the fee exceeding two dollars ($2) shall be made
available by the authority in the form of grants to entities within
its jurisdiction as follows:
   (1) Revenues generated in a county or city and county with a
population of greater than 300,000 shall be reserved for grants which
may only be made to a county or city and county of that type,
pursuant to an eligible county's or city and county's application to
the authority.
   (2) Revenues generated in areas outside a county or city and
county with a population of greater than 300,000 shall be apportioned
among the counties and cities and counties within the jurisdiction
of the authority in the proportion that the number of fee-paid and
exempt vehicles in each county or city and county area bears to the
number of fee-paid and exempt vehicles registered in the authority,
excluding those vehicles registered in a city with a population
greater than 300,000. These revenues shall be reserved for grants
which may be made to cities, counties, cities and counties, or
congestion management agencies, pursuant to an application of one of
those entities to the authority.
   (3) Grants made pursuant to this subdivision shall be used
exclusively for planning and projects related to the implementation
of a sustainable communities strategy or a regional blueprint plan.
   (f) The authority may divide revenues received pursuant to this
his section jointly with the local air quality management district
that has responsibility over all or part of the same geographic area,
pursuant to an agreement with that district.
   (g) All revenues received by the local air quality management
district pursuant to subdivision (f) shall be used to assist local
and regional governments in reducing greenhouse gas emissions.
Appropriate manners of assistance include, but are not limited to,
all of the following:
   (1) Assistance in the development of a subregional sustainable
communities strategy.
   (2) Assistance in the development of local greenhouse gas emission
inventories.
   (3) Assistance in the development of greenhouse gas emission
reduction strategies in general plans.
   (4) Development and assistance of California Environmental Quality
Act (CEQA) guidelines and review of greenhouse gas emissions in CEQA
analyses.
   (5) Consultation and development of local climate action plans.
   (6) Project-specific consultation work to reduce greenhouse gas
emissions from local transportation and land use decisions.
   (h) For purposes of this section, a sustainable communities
strategy and an alternative planning strategy shall both be
considered to be a regional blueprint plan.  
  SEC. 5.    Section 9250.17 of the Vehicle Code is
amended to read:
   9250.17.  (a) The department shall, if requested by a county air
pollution control district, air quality management district, or
unified or regional air pollution control district, collect fees
established pursuant to Sections 44223 and 44225 of the Health and
Safety Code upon the registration or renewal of registration of any
motor vehicle registered in the district, except those vehicles which
are expressly exempted under this code from the payment of
registration fees.
   (b) The department shall, if requested by an authority, as
described in subdivision (a) of Section 65083 of the Government Code,
collect the fee established pursuant to Section 65083 of the
Government Code upon the registration or renewal of registration of
any motor vehicle registered within the jurisdiction of the
authority, except those vehicles which are expressly exempted under
this code from the payment of registration fees.
   (c) After deducting all costs incurred pursuant to this section,
the department shall distribute the revenues to the appropriate
district or authority based upon the amount of fees collected from
motor vehicles registered within that district or authority.
   (d) The department may annually expend for its costs not more than
the following percentages of the fees collected pursuant to
subdivision (a) or (b):
   (1) Five percent during the first year after the operative date
the fee is imposed or increased.
   (2) Three percent during the second year after the operative date
the fee is imposed or increased.
   (3) One percent during any subsequent year.
   (e) The first authority that imposes the fee established pursuant
to Section 65083 of the Government Code shall contract with the
department to pay for the initial setup and programming costs to be
deducted from the fee revenue by the department pursuant to
subdivision (c). The department shall require from each subsequent
authority that imposes the fee an additional amount reflecting each
authority's per capita share of the initial setup and programming
costs if the costs for the first-in-time authorities are
substantially higher than those for the subsequent authorities. These
additional amounts shall be paid pro rata to the authorities that
have already imposed and established the fee and contracted with the
department.