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 regional organization plan would include a plan for 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 consolidating certain functions that are common to the regional entities. The regional organization plan would also include a statement relative to the expected reduction of overhead, operation, and management costs. The bill would require the joint policy committee to ensure public participation in the development and adoption of the plan, to hold at least one public hearing in each county of the region, and to adopt a final plan by June 30, 2015.begin insert The bill would require provisions of the comprehensive regional plan to be implemented by July 1, 2016.end insert The bill would also require the joint policy committee to develop and adopt public and community outreach and inclusive public participation programs and to maintain an Internet Web site. 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. The bill would require the joint policy committee, until a comprehensive regional plan is adopted, to conduct a review of the major planning documents and associated policies, and plans, and regulations of each regional entity, including an assessment of the consistency of the documents, policies, plans, and regulations with each other, with the requirements of Senate Bill 375 of the 2007-08 Regular Session, and with the goals and policies adopted by the advisory committee on economic competitiveness. 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. By imposing new duties on the joint policy committee, the bill would impose a state-mandated local program.
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.
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 66537 is added to the Government Code,
2to read:
For purposes of Sections 66537.1 to 66537.7, inclusive,
4the following definitions shall apply:
5(a) “Region” means the area encompassed by the Counties of
6Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo,
7Santa Clara, Solano, and Sonoma.
8(b) “Regional entities” means the Metropolitan Transportation
9Commission, including any joint exercise of powers agencies that
10include the commission as a member agency; the Bay Area Toll
11Authority; the Bay Area Air Quality Management District; the San
12Francisco Bay Conservation and Development Commission; and
13the Association of Bay Area Governments.
Section 66537.1 is added to the Government Code, to
15read:
(a) The joint policy committee created pursuant to
17subdivision (d) of Section 66536 shall prepare a regional
18organization plan
that includes all of the following:
19(1) A plan for integrating, by July 1, 2016, the major planning
20documents described in subdivision (c) of Section 66536.1 into a
21comprehensive regional plan that also addresses priority
22infrastructure needs, the goals and policies related to economic
23development opportunities adopted pursuant to subdivision (b) of
24Section 66537.6, and social equity goals to ensure that people of
25all income levels, races, and ethnicities share fairly in the benefits
26and burdens associated with the comprehensive regional plan and
27its implementation.
P4 1(2) A plan for consolidating the functions that are common to
2the regional entities, including, but not limited to, personnel and
3human resources, budget and financial services,
electronic data
4and communications systems, legal services, contracting and
5procurement of goods and services, public information and
6outreach services, intergovernmental relations, transportation, land
7use, economic, and related forecasting models, and other related
8activities. Consideration shall be given to ensuring that there are
9common personnel classifications where appropriate among the
10regional entities, and the consolidation of other functions or
11activities, as deemed feasible, that will further the mission of the
12joint policy committee and will reduce redundancy. The plan shall
13
also include a statement as to the expected reduction in the cost
14of overhead and in the cost of operation and management of the
15regional entities.
16(b) On or before December 31, 2014, the staff shall submit to
17the joint policy committee a draft regional organization plan. The
18joint policy committee shall ensure early, continuous, and inclusive
19public participation in the development and adoption of the regional
20organization plan and shall hold at least one public
hearing in each
21county of the region to receive public comment on the draft plan.
22A final plan shall thereafter bebegin delete adopted for implementation on or begin insert adopted on or before June 30, 2015. All of
23before June 30, 2015end delete
24the provisions of the comprehensive regional plan developed under
25paragraph (1) of subdivision (a) shall be implemented by July 1,
262016end insert.
27(c) All cost savings derived from implementation of the regional
28organization plan shall be directed to the joint policy committee’s
29general fund.
Section 66537.2 is added to the Government Code, to
31read:
The joint policy committee shall develop and adopt
33public and community outreach and inclusive public participation
34policies to govern the development and adoption of the regional
35organization plan as well as regular joint policy committee
36meetings. These policies shall also govern the meetings of regional
37entities, the meetings of standing committees, and meetings of ad
38hoc or other temporary committees. In developing the policies,
39the joint policy committee shall ensure that outreach programs are
40inclusive of limited-English-proficient populations, and utilize all
P5 1available communication technologies, including webcasting and
2social media, print, radio, and television. The joint policy
3committee shall also establish policies for the
holding workshops
4of the joint policy committee and the regional entities in the cities
5and counties of the region. The joint policy committee shall provide
6an opportunity for the public to comment on the draft and the final
7recommended policies. The policies shall be adopted on or before
8October 31, 2014.
Section 66537.3 is added to the Government Code, to
10read:
The joint policy committee shall maintain an Internet
12Web site containing relevant information pertaining to the joint
13policy committee’s activities.
Section 66537.4 is added to the Government Code, to
15read:
The joint policy committee shall be subject to the
17Ralph M. Brown Act (Chapter 9 (commencing with Section 54950)
18of Part 1 of Division 2 of Title 5).
Section 66537.5 is added to the Government Code, to
20read:
(a) Until the joint policy committee adopts a
22comprehensive regional plan as described in Section 66537.1, the
23joint policy committee shall review both the draft and adopted
24versions of both of the following:
25(1) Major planning documents described in subdivision (c) of
26Section 66536.1.
27(2) Policies, plans, and regulations of each regional entity
28associated with the major planning documents.
29(b) The review shall include an assessment of the consistency
30of the planning documents, policies, plans, and regulations with
31each other,
with the requirements of Senate Bill 375 of the 2007-08
32Regular Session, and with the goals and policies related to
33economic development opportunities adopted pursuant to
34subdivision (b) of Section 66537.6. The joint policy committee
35shall issue a consistency report describing the findings of each
36review. The joint policy committee shall hold public and
37community hearings in accordance with its public outreach policies
38regarding the draft consistency findings. The findings of each
39consistency review shall be considered by the applicable regional
P6 1entity in connection with any proposed amendment to a planning
2document, policy, plan, or regulation.
Section 66537.6 is added to the Government Code, to
4read:
(a) The joint policy committee shall appoint an
6advisory committee on economic competitiveness with members
7from the business community, including representatives of small
8businesses and the technology and manufacturing sectors,
9community colleges, public and private universities, labor, local
10governments, community organizations with an interest in
11expanding economic opportunity for low-income populations and
12communities, and other organizations involved with the private
13
economy.
14(b) The joint policy committee, in consultation with the advisory
15committee, shall adopt goals and policies related to the inclusion
16of economic development opportunities in the plans of the regional
17entities and the comprehensive regional plan. The goals and
18policies shall also promote amenities that are special to the region
19and contribute to the region’s quality of life. Social equity goals
20and considerations shall be integrated throughout to ensure that
21low-income populations and populations of color share fairly in
22the benefits and burdens of the economic development goals and
23policies and their implementation.
Section 66537.7 is added to the Government Code, to
25read:
On or before July 1, 2014, the Legislative Analyst’s
27Office shall analyze and report to the Legislature on the voting
28power that each city and county in the region has on the governing
29board of each of the regional entities, including an analysis of any
30voting power disparities based on population, race, and ethnicity.
31The analysis shall utilize appropriate metrics, such as votes per
32million in population. The report to the Legislature shall include
33recommended changes to regional entity governance and voting,
34including any recommended legislation, that would lessen
35disparities, if any, to insignificant levels.
If the Commission on State Mandates determines
37that this act contains costs mandated by the state, reimbursement
38to local agencies and school districts for those costs shall be made
P7 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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