BILL NUMBER: SB 673 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 6, 2014
AMENDED IN SENATE MAY 21, 2013
AMENDED IN SENATE APRIL 15, 2013
INTRODUCED BY Senator DeSaulnier
FEBRUARY 22, 2013
An act to add Section 65957.6 to amend
Sections 31468, 3 1529.9, 31557.3, and 31580.2 of, and to
add Section 31522.9 to, the Government Code, relating to
land use. county employees' retirement.
LEGISLATIVE COUNSEL'S DIGEST
SB 673, as amended, DeSaulnier. Land use: development
project review. County employees' retirement: Contra
Costa County.
The County Employees Retirement Law of 1937 authorizes counties
and districts to establish retirement systems pursuant to its
provisions in order to provide pension benefits to their employees.
The law defines a district for these purposes and includes specified
county retirement systems within that definition. The law generally
provides that the personnel of a county retirement system are county
employees, but also authorizes the board of retirement in specified
counties to appoint certain personnel who are designated employees of
the retirement system.
This bill would make the Contra Costa County retirement system for
purposes of the County Employees Retirement Law of 1937. The bill
would authorize the board of retirement to appoint a retirement
administrator and other personnel as required to accomplish the
necessary work of the board and would authorize the administrator to
make appointments on its behalf. The bill would provide that these
employees are employees of the retirement system, not the county, and
would except them from civil service provisions and merit system
rules that would otherwise apply. The bill would make the retirement
board a public agency for purposes of collective bargaining and
provide that the compensation of the personnel so employed by the
board is an expense of the system.
The bill would require the retirement system to retain, for a
90-day transition period, nonprobationary county employees employed
at the retirement system's facilities who were covered by a
memorandum of understanding, as specified. The bill would provide
that, during the 90-day transition period, probationary employees
would maintain only those rights they had pursuant to their
employment with the county. The bill would require the retirement
system to recognize as the exclusive representative of the former
county employees who are retained, as specified, those recognized
employee organizations that represented the employees when they were
employed by the county, and would require that the initial terms and
conditions for those employees be as previously established. The bill
would make technical and conforming changes in relation to these
provisions.
The Permit Streamlining Act requires the lead agency that has the
principal responsibility for approving a development project, as
defined, to approve or disapprove the project within 60 days from the
date of adoption of a negative declaration or the determination by
the lead agency that the project is exempt from the California
Environmental Quality Act, unless the project proponent requests an
extension of time.
This bill additionally would require a city, county, or city and
county, including a charter city or charter city and county, prior to
approving or disapproving a proposed development project that would
permit the construction of a retail or other commercial facility
project, as specified, to cause a cost benefit analysis to be
prepared, as specified, which would be paid for by the project
applicant. This bill would provide that the cost-benefit analysis
would include specified assessments and projections including, among
other things, an assessment of the effect that the construction and
operation of the proposed development will have on the ability of the
city, county, or city and county to implement the goals contained in
its general plan.
This bill would specify that it would not be construed to create a
private right of action in any civil litigation.
By increasing duties of local officials, this bill would impose a
state-mandated local program.
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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 31468 of the
Government Code is amended to read:
31468. (a) "District" means a district, formed under the laws of
the state, located wholly or partially within the county other than a
school district.
(b) "District" also includes any institution operated by two or
more counties, in one of which there has been adopted an ordinance
placing this chapter in operation.
(c) "District" also includes any organization or association
authorized by Chapter 26 of the Statutes of 1935, as amended by
Chapter 30 of the Statutes of 1941, or by Section 50024, which
organization or association is maintained and supported entirely from
funds derived from counties, and the board of any retirement system
is authorized to receive the officers and employees of that
organization or association into the retirement system managed by the
board.
(d) "District" also includes, but is not limited to, any sanitary
district formed under Part 1 (commencing with Section 6400) of
Division 6 of the Health and Safety Code.
(e) "District" also includes any city, public authority, public
agency, and any other political subdivision or public corporation
formed or created under the constitution or laws of this state and
located or having jurisdiction wholly or partially within the county.
(f) "District" also includes any nonprofit corporation or
association conducting an agricultural fair for the county pursuant
to a contract between the corporation or association and the board of
supervisors under the authority of Section 25905.
(g) "District" also includes the Regents of the University of
California, but with respect only to employees who were employees of
a county in a county hospital, who became university employees
pursuant to an agreement for transfer to the regents of a county
hospital or of the obligation to provide professional medical
services at a county hospital, and who under that agreement had the
right and did elect to continue membership in the county's retirement
system established under this chapter.
(h) "District" also includes the South Coast Air Quality
Management District, a new public agency created on February 1, 1977,
pursuant to Chapter 5.5 (commencing with Section 40400) of Part 3 of
Division 26 of the Health and Safety Code.
(1) Employees of the South Coast Air Quality Management District
shall be deemed to be employees of a new public agency occupying new
positions on February 1, 1977. On that date, those new positions are
deemed not to have been covered by any retirement system.
(2) No retirement system coverage may be effected for an employee
of the South Coast Air Quality Management District who commenced
employment with the district during the period commencing on February
1, 1977, and ending on December 31, 1978, unless and until the
employee shall have elected whether to become a member of the
retirement association established in accordance with this chapter
for employees of Los Angeles County or the retirement association
established in accordance with this chapter for employees of San
Bernardino County. The election shall occur before January 1, 1980.
Any employee who fails to make the election provided for herein shall
be deemed to have elected to become a member of the retirement
association established in accordance with this chapter for the
County of Los Angeles.
(3) The South Coast Air Quality Management District shall make
application to the retirement associations established in accordance
with this chapter for employees of Los Angeles County and San
Bernardino County for coverage of employees of the South Coast Air
Quality Management District.
(4) An employee of the South Coast Air Quality Management District
who commenced employment with the district during the period
commencing on February 1, 1977, and ending on December 31, 1978, and
who has not terminated employment before January 1, 1980, shall be
covered by the retirement association elected by the employee
pursuant to paragraph (2). That coverage shall be effected no later
than the first day of the first month following the date of the
election provided for in paragraph (2).
(5) Each electing employee shall receive credit for all service
with the South Coast Air Quality Management District. However, the
elected retirement association may require, as a prerequisite to
granting that credit, the payment of an appropriate sum of money or
the transfer of funds from another retirement association in an
amount determined by an enrolled actuary and approved by the elected
retirement association's board. The amount to be paid shall include
all administrative and actuarial costs of making that determination.
The amount to be paid shall be shared by the South Coast Air Quality
Management District and the employee. The share to be paid by the
employee shall be determined by good faith bargaining between the
district and the recognized employee organization, but in no event
shall the employee be required to contribute more than 25 percent of
the total amount required to be paid. The elected retirement
association's board may not grant that credit for that prior service
unless the request for that credit is made to, and the required
payment deposited with, the elected retirement association's board no
earlier than January 1, 1980, and no later than June 30, 1980. The
foregoing shall have no effect on any employee's rights to reciprocal
benefits under Article 15 (commencing with Section 31830).
(6) An employee of the South Coast Air Quality Management District
who commenced employment with the district after December 31, 1978,
shall be covered by the retirement association established in
accordance with this chapter for employees of San Bernardino County.
That coverage shall be effected as of the first day of the first
month following the employee's commencement date.
(7) Notwithstanding paragraphs (2) and (4) above, employees of the
South Coast Air Quality Management District who were employed
between February 1, 1977, and December 31, 1978, and who terminate
their employment between February 1, 1977, and January 1, 1980, shall
be deemed to be members of the retirement association established in
accordance with this chapter for the employees of Los Angeles County
commencing on the date of their employment with the South Coast Air
Quality Management District.
(i) "District" also includes any nonprofit corporation that
operates one or more museums within a county of the 15th class, as
described by Sections 28020 and 28036 of the Government Code, as
amended by Chapter 1204 of the Statutes of 1971, pursuant to a
contract between the corporation and the board of supervisors of the
county, and that has entered into an agreement with the board and the
county setting forth the terms and conditions of the corporation's
inclusion in the county's retirement system.
(j) "District" also includes any economic development association
funded in whole or in part by a county of the 15th class, as
described by Sections 28020 and 28036 of the Government Code, as
amended by Chapter 1204 of the Statutes of 1971, and that has entered
into an agreement with the board of supervisors and the county
setting forth the terms and conditions of the association's inclusion
in the county's retirement system.
(k) "District" also includes any special commission established in
the Counties of Tulare and San Joaquin as described by Section
14087.31 of the Welfare and Institutions Code, pursuant to a contract
between the special commission and the county setting forth the
terms and conditions of the special commission's inclusion in the
county's retirement system with the approval of the board of
supervisors and the board of retirement.
( l ) (1) "District" also includes the retirement
system established under this chapter in Orange County.
(2) "District" also includes the retirement system established
under this chapter in San Bernardino County at such time as the board
of retirement, by resolution, makes this section applicable in that
county.
(3) "District" also includes the retirement system established
under this chapter in Contra Costa County.
SEC. 2. Section 31522.9 is added to the
Government Code , to read:
31522.9. (a) The board of retirement of a county may appoint a
retirement administrator and other personnel as are required to
accomplish the necessary work of the board. The board may authorize
the administrator to make these appointments on its behalf.
Notwithstanding any other law, the personnel so appointed shall not
be county employees but shall become employees of the retirement
system, subject to terms and conditions of employment established by
the board of retirement, including those set forth in memoranda of
understanding executed by the board of retirement and recognized
employee organizations.
(b) Sections 31522.1 and 31522.2 shall not apply to a retirement
system that appoints personnel pursuant to this section.
(c) The retirement system that appoints personnel pursuant to this
section is a public agency for purposes of the Meyers-Milias-Brown
Act (Chapter 10 (commencing with Section 3500) of Division 4).
(d) The compensation of personnel appointed pursuant to this
section shall be an expense of administration of the retirement
system, pursuant to Section 31580.2, except as provided in Sections
31529.5, 31529.9, and 31596.1.
(e) The board of retirement and the board of supervisors may enter
into agreements as they determine are necessary and appropriate in
order to carry out the provisions of this section.
(f) The retirement system, upon the effective date of this
section, shall retain, for a 90-day transition employment period,
nonprobationary employees who, upon the effective date of this
section, were covered by a county memorandum of understanding and
employed by the county at the retirement system's facilities, unless
just cause exists to terminate the employees or legitimate grounds
exist to lay off these employees. If during the 90-day period the
retirement system determines that a layoff of these employees is
necessary, the retirement system shall retain the employees by
seniority within job classification. The terms and conditions of
employment of the employees retained pursuant to this subdivision
shall be subject to the terms and conditions established by the
applicable memoranda of understanding executed by the board of
retirement and the recognized employee organizations. During the
90-day transition period, probationary employees shall maintain only
those rights they initially acquired pursuant to their employment
with the county.
(g) Subject to the employees' rights under the Meyers-Milias-Brown
Act (Chapter 10 (commencing with Section 3500) of Division 4), the
retirement system, upon the effective date of this section, shall
recognize as the exclusive representative of the employees retained
pursuant to subdivision (f) the recognized employee organizations
that represented those employees when employed by the county. The
initial terms and conditions for those employees shall be as
previously established by the applicable memoranda of understanding
executed by the county and recognized employee organizations.
(h) This section shall apply only in Contra Costa County.
SEC. 3. Section 31529.9 of the
Government Code is amended to read:
31529.9. (a) In addition to the powers granted by Sections
31522.5, 31522.9, 31529, 31529.5, 31614, and 31732, the
board of retirement and the board of investment may contract with the
county counsel or with attorneys in private practice or employ staff
attorneys for legal services.
(b) Notwithstanding Sections 31522.5, 31522.7, 31529.5, and 31580,
the board shall pay, from system assets, reasonable compensation for
the legal services.
(c) This section applies to any county of the 2nd class, 7th
class, 9th class, 14th class, 15th class, or the 16th
class as described by Sections 28020, 28023, 28028, 28030,
28035, 28036, and 28037.
(d) This section shall also apply to any other county if the board
of retirement, by resolution adopted by majority vote, makes this
section applicable in the county.
SEC. 4. Section 31557.3 of the
Government Code is amended to read:
31557.3. On the date a district, as defined in subdivision (
l ) of Section 31468, is included in the retirement system,
any personnel appointed pursuant to Section 31522.5 , 31522.9,
and 31529.9 who had previously been in county service shall
continue to be members of the system without interruption in service
or loss of credit. Thereafter, each person entering employment with
the district shall become a member of the system on the first day of
the calendar month following his or her entrance into service.
SEC. 5. Section 31580.2 of the
Government Code is amended to read:
31580.2. (a) In counties in which the board of retirement, or the
board of retirement and the board of investment, have appointed
personnel pursuant to Section 31522.1, 31522.5, or 31522.7,
31522.7, or 31522.9, the respective board or
boards shall annually adopt a budget covering the entire expense of
administration of the retirement system which expense shall be
charged against the earnings of the retirement fund. The expense
incurred in any year may not exceed the greater of either of the
following:
(1) Twenty-one hundredths of 1 percent of the accrued actuarial
liability of the retirement system.
(2) Two million dollars ($2,000,000), as adjusted annually by the
amount of the annual cost-of-living adjustment computed in accordance
with Article 16.5 (commencing with Section 31870).
(b) Expenditures for computer software, computer hardware, and
computer technology consulting services in support of these computer
products shall not be considered a cost of administration of the
retirement system for purposes of this section.
SECTION 1. Section 65957.6 is added to the
Government Code, to read:
65957.6. (a) (1) Prior to approving or disapproving a permit for
the construction of a retail or other commercial facility project
estimated to receive one million dollars ($1,000,000) or more in
subsidies, a city, county, or city and county shall cause to be
prepared a cost benefit analysis.
(2) For purposes of this section, "subsidy" means any contribution
made by the state or local government to a project considered to be
in the interest of the public, including, but not limited to, tax
credits, low-interest loans, state or federal grants, land donations
or acquisitions, or remediation or environmental cleanup activity.
(b) A city, county, or city and county may prepare the cost
benefit analysis required by this section, or contract for its
preparation with a private entity, other than the permit applicant,
or another public agency. The private entity or public agency shall
be qualified by education, training, and experience to conduct cost
benefit analyses.
(c) The applicant for the development project shall pay the city,
county, or city and county, for the costs of preparing or contracting
for the cost benefit analysis.
(d) The cost benefit analysis shall include, but is not limited
to, all of the following:
(1) A projection of the costs of public services and public
facilities resulting from the construction and operation of the
proposed development and the incidence of those costs.
(2) A projection of the public revenues resulting from the
construction and operation of the proposed development and the
incidence of those revenues.
(3) The cost of subsidies provided by a city, county, or city and
county.
(4) An assessment of the effect that the construction and
operation of the proposed development will have on the ability of the
city, county, or city and county to implement the goals contained in
its general plan, including, but not limited to, local policies and
standards that apply to land use patterns, traffic circulation,
affordable housing, natural resources, including water supplies,
open-space lands, noise problems, and safety risks.
(5) An assessment of whether the effect of the construction and
operation of the proposed development will be consistent with the
general use designation, density, building intensity, and applicable
policies specified for the project area in either a sustainable
communities strategy or an alternative planning strategy for which
the State Air Resources Board, pursuant to Chapter 2.5 (commencing
with Section 65080), has accepted a metropolitan planning
organization's determination that the sustainable communities
strategy or alternative planning strategy, if implemented, would
achieve the greenhouse gas emission reduction targets.
(6) An assessment of whether the development would require the
demolition of housing or any other action or change that would result
in a decrease or negative impact on the creation of extremely low,
very low, low-, or moderate-income housing.
(7) An assessment of whether the development would result in the
destruction or demolition of park or other green space, playgrounds,
child care facilities, or community centers.
(8) An assessment of whether the development would result in any
other adverse or positive economic impact or blight.
(9) An assessment of whether the proposed development would
adversely impact a state transportation facility, including to what
extent it would degrade services of that facility.
(10) An assessment of whether any measures are available that may
mitigate any materially adverse economic impact identified by the
applicant.
(d) (1) The Legislature finds that the construction and operation
of retail and commercial facilities has land use, environmental,
economic, fiscal, and social equity effects that extend beyond the
boundaries of the city, county, or city and county in which it is
located.
(2) The Legislature finds that it is essential for the statewide
public health, safety, and welfare to require cities, counties, and
cities and counties to understand the potential spillover effects of
approving the construction and operation of these retail and
commercial facilities.
(3) The Legislature further finds and declares that the review and
regulation of retail and commercial facilities is a matter of
statewide concern and not merely a municipal affair, as that term is
used in Section 5 of Article XI of the California Constitution.
Therefore, this section shall also apply to charter cities and to
charter cities and counties.
(e) This section shall not be construed to create a private right
of action in any civil litigation.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.