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), et al Amended: 1/31/12 in Senate 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. Senate Floor Amendments of 1/31/12 identify OPR as liaison to the Defense Department concerning any proposed federal CONTINUED AB 342 Page 2 actions regarding Base Realignment and Closure (BRAC), and direct OPR to develop necessary strategies for establishment and retention of military installations potentially affected by BRAC actions, and also add Assembly members Butler, Cook and John A. Perez as joint authors of this bill. ANALYSIS : 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. AB 342 Page 3 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, particularly with regard to any proposed federal Base Realignment and Closure actions. 2. Requires OPR, in its liaison role, to do all of the following: 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. D. Develop any necessary regional or stateside strategies necessary for the establishment and retention of the state's military facilities and installations that are potentially impacted by any proposed federal Base Realignment and Closure actions. 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. AB 342 Page 4 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. 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 AB 342 Page 5 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 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 2/1/12) 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 AB 342 Page 6 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, 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 2/1/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****