BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   AB 342|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 342
          Author:   Atkins (D)
          Amended:  As introduced
          Vote:     21

           
           SENATE GOVERNMENTAL ORG. COMMITTEE  :  12-0, 6/14/11
          AYES:  Wright, Anderson, Calderon, Cannella, Corbett, De 
            León, Evans, Hernandez, Padilla, Strickland, Wyland, Yee
          NO VOTE RECORDED:  Berryhill

           SENATE APPROPRIATIONS COMMITTEE  :  9-0, 8/25/11
          AYES:  Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley, 
            Price, Runner, Steinberg

           ASSEMBLY FLOOR  :  70-0, 5/12/11 (Consent) - See last page 
            for vote


           SUBJECT  :    Office of Planning and Research

           SOURCE  :     Author


           DIGEST  :    This bill designates the Governors Office of 
          Planning and Research (OPR) to serve as the state liaison 
          with the United States Department of Defense (DOD) and 
          requires OPR to perform specified duties in this capacity, 
          including coordinating issues of significant interest to 
          the DOD and the state.

           ANALYSIS  :    

                                                           CONTINUED





                                                                AB 342
                                                                Page 
          2

           Existing law  :

          1.  Establishes OPR as the comprehensive state planning 
             agency, and provides that it shall serve the Governor 
             and Cabinet as staff for long-range planning and 
             research.

          2. Directs OPR to engage in the formulation, evaluation and 
             updating of long-range goals and policies for land use, 
             population growth and distribution, urban expansion, 
             development, open space, resource preservation and 
             utilization, air and water quality, and other factors 
             which shape statewide development patterns and 
             significantly influence the quality of the state's 
             environment.

          3. Directs OPR to encourage the formation and proper 
             functioning of, and provide planning assistance to, 
             city, county, district, and regional planning agencies, 
             and assist local government in land use planning. 

          4. Requires OPR to develop guidelines for the preparation 
             and content of mandatory elements required in city and 
             county general plans, which shall contain advice for 
             addressing the effects of civilian development on 
             military readiness activities carried out on all of the 
             following:

                   Military installations.
                   Military operating areas.
                   Military training areas.
                   Military training routes.
                   Military airspace.
                   Territory adjacent to those installations and 
                areas.

          This bill:

          1. Requires OPR to serve as the state's liaison to DOD in 
             order to facilitate coordination regarding issues that 
             are of significant interest to the state and DOD.

          2. Requires OPR, in its liaison role, to do all of the 
             following:

                                                           CONTINUED





                                                                AB 342
                                                                Page 
          3


             A.    Coordinate with the DOD and other state 
                agencies, state departments, local governments, and 
                other private and public entities to ensure the 
                sustainability of defense activities within the 
                state. 

             B.    Develop legislation that supports the 
                relationship between the stead n the DOD.

             C.    Work with federal defense agencies to address 
                regulatory activities by state agencies that affect 
                the sustainability of defense operations within the 
                state.

           Comments
           
          1.  Executive Order S-16-06  .  Issued by Governor 
             Schwarzenegger in 2006, it established the Governor's 
             Advisor for Military Affairs within OPR.  Under this 
             executive order, OPR coordinates state policies that 
             affect the military, including land use planning, 
             regulatory activities by state agencies, state 
             legislation.  This bill essentially codifies the 
             executive order. 

          2. OPR has worked jointly with the DOD on a number of 
             projects including:

             A.     Joint Land Use Studies  :  The overall goal of 
                each study is to reduce potential conflicts while 
                accommodating growth, sustaining the economic 
                health of the respective region, and protecting 
                public health and safety.  Active military 
                installations, surrounding counties and cities, and 
                other affected agencies collaborated to produce the 
                studies.

             B.    The California Advisory Handbook for Community 
                and Military Compatibility Planning: Provides 
                guidance to local governments, the military and 
                developers on how to address land use activities 
                near military installations and activities.


                                                           CONTINUED





                                                                AB 342
                                                                Page 
          4

             C.     Development Permit Notification to the Military  . 
                 OPR created a mapping tool that local governments 
                and developers can use to identify whether proposed 
                planning projects are located in the vicinity of 
                military bases and military airspace.  This mapping 
                tool will help local governments and developers 
                comply with the statutory requirement that the 
                military be notified of certain development 
                applications and general plan.

             D.     Community and Military Compatibility Planning, 
                Supplement to the General Plan Guidelines  .  The 
                purpose of this publication is to assist cities and 
                counties in addressing military compatibility 
                issues when developing, updating or significantly 
                amending their general plans. 

           Related Legislation
           
          SB 1698 (Ashburn), Chapter 681, Statutes of 2006, extends 
          the Office of Military Base Retention and Reuse as the 
          Office of Military and Aerospace Support within the State 
          Business, Transportation and Housing Agency until January 
          1, 2009.  

          SB 1462 (Kuehl), Chapter 906, Statutes of 2004, requires 
          cities and counties to forward to branches of the United 
          States Armed Forces copies of significant proposed 
          amendments to their general plans in instances where the 
          proposed action lies within military special use airspace 
          or low-level flight paths. 

          SB 926 (Knight), Chapter 907, Statutes of 2004, creates the 
          Office of Military and Aerospace Support within the State 
          Business, Transportation and Housing Agency. 

          SB 1468 (Knight), Chapter 971, Statutes of 2002, requires 
          cities and counties to include military installations, 
          aviation routes, airspace, and readiness activities in 
          their state-mandated general plans, and requires OPR to 
          provide guidance to local officials as part of its advisory 
          General Plan Guidelines. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   

                                                           CONTINUED





                                                                AB 342
                                                                Page 
          5

          Local:  No

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions                2011-12     2012-13     2013-14    
              Fund  

          OPR staff liaison                                 Annual 
          costs in the range of $50-$100                           
          General

           SUPPORT  :   (Verified  8/29/11)

          AMVETS - Department of California
          San Diego Water Authority
          United States Air Force
          United States Army
          United States Marine Corps
          United States Navy
          Vietnam Veterans of America, California State Council

           ARGUMENTS IN SUPPORT  :    According to the author's office, 
          OPR has been very effective in serving as the liaison 
          between state government and DOD.  OPR has a proven record 
          of accomplishment serving as the gateway to other areas of 
          the executive branch.  The relationship is invaluable to 
          the DOD and the military mission in California.

          This bill codifies the relationship and establishes the 
          ability for a long-term connection between the Military and 
          state government.  Making this liaison a permanent position 
          will result in significant efficiencies between the DOD and 
          the state.


           ASSEMBLY FLOOR  : 
          AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill 
            Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Chesbro, Cook, Davis, Dickinson, Donnelly, Eng, 
            Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, 
            Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall, 

                                                           CONTINUED





                                                                AB 342
                                                                Page 
          6

            Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries, 
            Jones, Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller, 
            Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, 
            Perea, V. Manuel Pérez, Silva, Skinner, Smyth, Solorio, 
            Swanson, Valadao, Wagner, Wieckowski, Williams, Yamada, 
            John A. Pérez
          NO VOTE RECORDED: Alejo, Cedillo, Conway, Garrick, Gorell, 
            Roger Hernández, Bonnie Lowenthal, Mitchell, Portantino, 
            Torres


          PQ:do  8/29/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****
          




























                                                           CONTINUED