Amended in Senate April 10, 2013

Senate Bill No. 792

Introduced by Senator DeSaulnier

February 22, 2013

An act to add Sections 66537, 66537.1, 66537.2, 66537.3, 66537.4, 66537.5, begin delete and end delete 66537.6 begin insert , and 66537.7 end insert to the Government Code, relating to planning.

LEGISLATIVE COUNSEL’S DIGEST

SB 792, as amended, DeSaulnier. Regional entities: Bay Area.

Existing law creates the Metropolitan Transportation Commission, the Bay Area Toll Authority, the Bay Area Air Quality Management District, and the San Francisco Bay Conservation and Development Commission, with various powers and duties relative to all or a portion of the 9-county San Francisco Bay Area region with respect to transportation, air quality, and environmental planning, as specified. Another regional entity, the Association of Bay Area Governments, is created as a joint powers agency comprised of cities and counties under existing law with regional planning responsibilities. Existing law provides for a joint policy committee of certain regional entities in this 9-county area to collaborate on regional coordination. Existing law requires regional transportation planning agencies, as part of the regional transportation plan in urban areas, to develop a sustainable communities strategy pursuant to Senate Bill 375 of the 2007-08 Regular Session coordinating transportation, land use, and air quality planning, with specified objectives.

This bill would require the joint policy committee to prepare a regional organization plan for the affected regional entities. The begin insert regional end insert organization plan would include a plan for begin insert integrating, by July 1, 2016, certain major planning documents of the individual entities into a comprehensive regional plan that also addresses other specified goals, and a plan for end insert consolidating certain functions that are common to the regional entities begin delete and reducing overhead costs end delete . begin insert The regional organization plan would also include a statement relative to the expected reduction of overhead, operation, and management costs. end insert The bill would require the joint policy committee to begin insert ensure public participation in the development and adoption of the plan, to end insert hold at least one public hearing in each county of the region begin insert , end insert and to adopt a final plan by June 30, 2015. The bill would also require the joint policy committee to develop and adopt public begin insert and end insert community outreach begin insert and inclusive public participation end insert programs and to maintain an Internet Web site. begin insert The bill would also require the joint policy committee to appoint an advisory committee on economic competitiveness with specified members from the business community and other organizations to adopt goals and policies related to the inclusion of economic development opportunities in the plans of the regional entities. end insert The bill would require the joint policy committee begin insert , until a comprehensive regional plan is adopted, end insert to conduct a review of the begin insert major planning documents and associated end insert policies begin insert , end insert and plans, and begin delete associated regulations, end delete begin insert regulations end insert of each regional entity, including an assessment of the consistency of the begin insert documents, end insert policies, plans, and regulations begin delete among the regional entities end delete with begin insert each other, with end insert the requirements of Senate Bill 375 of the 2007-08 Regular Session begin insert , and with the goals and policies adopted by the advisory committee on economic competitiveness end insert . begin delete The bill would provide that the joint policy committee shall be responsible for ensuring that the sustainable communities strategy for the region integrates transportation, land use, and air quality management consistent with that legislation. The bill would also require the joint policy committee to appoint an advisory committee on economic competitiveness with specified members from the business community to adopt goals and policies related to the inclusion of economic development opportunities in the plans of the regional entities. end delete begin insert The bill would require the joint policy committee to issue a consistency report describing the findings of each review and to hold hearings in that regard, and would require the applicable regional entity to consider the findings. The bill would require all cost savings derived from implementation of the regional organization plan to be directed to the joint policy committee’s general fund. end insert By imposing new duties on the joint policy committee, the bill would impose a state-mandated local program.

begin insert

The bill would require the Legislative Analyst’s Office to analyze voting power disparities based on population, race, and ethnicity relative to the voting power of each city and county on the governing board of each of the regional agencies, and to report to the Legislature by July 1, 2014, as specified.

end insert

 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 66537 is added to the Government Code,
to read:

66537.  

For purposes of Sections 66537.1 to begin delete 66537.5 end delete begin insert 66537.7 end insert ,
inclusive, the following definitions shall apply:

(a) “Region” means the area encompassed by the Counties of
Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo,
Santa Clara, Solano, and Sonoma.

(b) “Regional entities” means the Metropolitan Transportation
Commission, including any joint exercise of powers agencies that
include the commission as a member agency; the Bay Area Toll
Authority; the Bay Area Air Quality Management District; the San
Francisco Bay Conservation and Development Commission; and
the Association of Bay Area Governments.

SEC. 2.  

Section 66537.1 is added to the Government Code, to
read:

66537.1.  

(a) The joint policy committee begin insert created pursuant to
subdivision (d) of Section 66536 end insert shall prepare a regional
organization plan begin delete . The joint policy committee shall adopt goals
and policies to govern the preparation of the plan. Among the goals
shall be a statement as to the expected reduction in the cost of
overhead and in the operation and management of the regional
entities. All cost saving shall be directed to the joint policy
committee’s general fund. In addition, goals shall be adopted for
integrating the regional planning requirements for the regional
plans of each regional entity into a comprehensive regional plan. end delete
begin insert that includes all of the following: end insert

begin insert

(1) A plan for integrating, by July 1, 2016, the major planning
documents described in subdivision (c) of Section 66536.1 into a
comprehensive regional plan that also addresses priority
infrastructure needs, the goals and policies related to economic
development opportunities adopted pursuant to subdivision (b) of
Section 66537.6, and social equity goals to ensure that people of
all income levels, races, and ethnicities share fairly in the benefits
and burdens associated with the comprehensive regional plan and
its implementation.

end insert begin delete

(b) The regional organization plan shall include a

end delete

begin insert (2) end insert begin insert   end insert begin insert A end insert plan for consolidating the functions that are common to
the regional entities, including, but not limited to, personnel and
human resources, budget and financial services, electronic data
and communications systems, legal services, contracting and
procurement of goods and services, public information and
outreach services, intergovernmental relations, transportation, land
use, economic, and related forecasting models, and other related
activities. Consideration shall be given to ensuring that there are
common personnel classifications where appropriate among the
regional entities, and the consolidation of other functions or
activities, as deemed feasible, that will further the mission of the
joint policy committee and will reduce redundancy. The plan shall
begin delete be updated as determined by the joint policy committee end delete begin insert also
include a statement as to the expected reduction in the cost of
overhead and in the cost of operation and management of the
regional entities end insert .

begin delete

(c)

end delete

begin insert (b) end insert  On or before December 31, 2014, the staff shall submit to
the joint policy committee a draft regional organization plan. The
joint policy committee shall begin insert ensure early, continuous, and inclusive
public participation in the development and adoption of the
regional organization plan and shall end insert hold at least one public
hearing in each county of the region to receive public comment
begin insert on the draft plan end insert . A final plan shall thereafter be adopted for
implementation on or before June 30, 2015.

begin insert

(c) All cost savings derived from implementation of the regional
organization plan shall be directed to the joint policy committee’s
general fund.

end insert

SEC. 3.  

Section 66537.2 is added to the Government Code, to
read:

66537.2.  

The joint policy committee shall develop and adopt
public and community outreach begin insert and inclusive public participation end insert
policies to govern the begin delete scheduling of end delete begin insert development and adoption of
the regional organization plan as well as regular end insert joint policy
committee begin delete meetings, end delete begin insert meetings. These policies shall also govern end insert
the meetings of regional entities, the meetings of standing
committees, and meetings of ad hoc or other temporary committees.
In developing the policies, the joint policy committee shall ensure
that outreach programs begin delete will end delete begin insert are inclusive of
limited end insert begin insert -English end insert begin insert -proficient populations, and end insert utilize all available
communication technologies, including webcasting and social
media, print, radio, and television. The joint policy committee
shall also establish policies for the holding workshops of the joint
policy committee and the regional entities in the cities and counties
of the region. The joint policy committee shall provide an
opportunity for the public to comment on the draft and the final
recommended policies. The policies shall be adopted on or before
October 31, 2014.

SEC. 4.  

Section 66537.3 is added to the Government Code, to
read:

66537.3.  

The joint policy committee shall maintain an Internet
Web site containing relevant information pertaining to the joint
policy committee’s activities.

SEC. 5.  

Section 66537.4 is added to the Government Code, to
read:

66537.4.  

The joint policy committee shall be subject to the
Ralph M. Brown Act (Chapter 9 (commencing with Section 54950)
of Part 1 of Division 2 of Title 5).

SEC. 6.  

Section 66537.5 is added to the Government Code, to
read:

66537.5.  

(a)  begin delete Beginning on January 1, 2014, end delete begin insert Until the joint
policy committee adopts a comprehensive regional plan as
described in Section 66537.1, end insert the joint policy committee shall
review begin delete the policies and plans, and associated regulations, of each
regional entity. The end delete begin insert both the draft and adopted versions of both
of the following: end insert

begin insert

(1) Major planning documents described in subdivision (c) of
Section 66536.1.

end insert begin insert

(2) Policies, plans, and regulations of each regional entity
associated with the major planning documents.

end insert

begin insert (b) end insert begin insert   end insert begin insert The end insert review shall include an assessment of the consistency
of the begin insert planning documents, end insert policies, plans, and regulations begin delete among
the regional entities end delete begin insert with each other, end insert with the requirements of
Senate Bill 375 of the 2007-08 Regular Session begin insert , and with the goals
and policies related to economic development opportunities
adopted pursuant to subdivision (b) of Section 66537.6 end insert . The joint
policy committee shall issue a consistency report describing the
findings of begin delete this end delete begin insert each end insert review. The joint policy committee shall hold
public and community hearings in accordance with its public
outreach policies regarding the draft consistency findings. The
findings of begin delete the end delete begin insert each end insert consistency review shall be begin delete used in fulfilling
the joint policy committee’s regional planning responsibilities end delete
begin insert considered by the applicable regional entity in connection with
any proposed amendment to a planning document, policy, plan,
or regulation end insert .

begin delete

(b) The joint policy committee shall be responsible for ensuring
that the sustainable communities strategy for the region integrates
transportation, land use, and air quality management consistent
with the requirements of Senate Bill 375 of the 2007-08 Regular
Session.

end delete

SEC. 7.  

Section 66537.6 is added to the Government Code, to
read:

66537.6.  

(a) The joint policy committee shall appoint an
advisory committee on economic competitiveness with members
from the business community, including representatives of small
businesses begin delete , end delete begin insert and the end insert technology and manufacturing sectors,
community colleges, public and private universities, labor, local
governments, begin insert community organizations with an interest in
expanding economic opportunity for low-income populations and
communities, end insert and other organizations involved with the private
economy.

(b) The joint policy committee, in consultation with the advisory
committee, shall adopt goals and policies related to the inclusion
of economic development opportunities in the plans of the regional
entities begin insert and the comprehensive regional plan end insert . The goals and
policies shall also promote amenities that are special to the region
and contribute to the region’s quality of life. begin insert Social equity goals
and considerations shall be integrated throughout to ensure that
low-income populations and populations of color share fairly in
the benefits and burdens of the economic development goals and
policies and their implementation. end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 66537.7 is added to the end insert begin insert Government Code end insert begin insert , to
read: end insert

begin insert

begin insert 66537.7. end insert   

On or before July 1, 2014, the Legislative Analyst’s
Office shall analyze and report to the Legislature on the voting
power that each city and county in the region has on the governing
board of each of the regional entities, including an analysis of any
voting power disparities based on population, race, and ethnicity.
The analysis shall utilize appropriate metrics, such as votes per
million in population. The report to the Legislature shall include
recommended changes to regional entity governance and voting,
including any recommended legislation, that would lessen
disparities, if any, to insignificant levels.

end insert

begin delete SEC. 8. end delete
begin insert SEC. 9. end insert   

 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.