BILL NUMBER: SB 792 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 22, 2013
AMENDED IN SENATE APRIL 10, 2013
INTRODUCED BY Senator DeSaulnier
FEBRUARY 22, 2013
An act to add Sections 66537, 66537.1, 66537.2, 66537.3, 66537.4,
66537.5, 66537.6, and 66537.7 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
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. The bill would require provisions of the
comprehensive regional plan to be implemented by J uly 1,
2016. 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 1. Section 66537 is added to the Government Code, to read:
66537. For purposes of Sections 66537.1 to 66537.7, 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 created pursuant to
subdivision (d) of Section 66536 shall prepare a regional
organization plan that includes all of the following:
(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.
(2) A 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 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.
(b) 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 ensure early, continuous, and inclusive public
participation in the development and adoption of the regional
organization plan and shall hold at least one public hearing in each
county of the region to receive public comment on the draft plan. A
final plan shall thereafter be adopted for implementation on
or before June 30, 2015 adopted on or before June 30,
2015. All of the provisions of the comprehensive regional plan
developed under paragraph (1) of subdivision (a) shall be implemented
by July 1, 2016 .
(c) All cost savings derived from implementation of the regional
organization plan shall be directed to the joint policy committee's
general fund.
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 and inclusive public participation
policies to govern the development and adoption of the regional
organization plan as well as regular joint policy committee meetings.
These policies shall also govern 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 are inclusive of
limited-English-proficient populations, and 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) Until the joint policy committee adopts a
comprehensive regional plan as described in Section 66537.1, the
joint policy committee shall review both the draft and adopted
versions of both of the following:
(1) Major planning documents described in subdivision (c) of
Section 66536.1.
(2) Policies, plans, and regulations of each regional entity
associated with the major planning documents.
(b) The review shall include an assessment of the consistency of
the planning 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 related to economic
development opportunities adopted pursuant to subdivision (b) of
Section 66537.6. The joint policy committee shall issue a consistency
report describing the findings of each 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 each consistency review shall be considered
by the applicable regional entity in connection with any proposed
amendment to a planning document, policy, plan, or regulation.
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 and the
technology and manufacturing sectors, community colleges, public and
private universities, labor, local governments, community
organizations with an interest in expanding economic opportunity for
low-income populations and communities, 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 and the comprehensive regional plan. The goals and policies
shall also promote amenities that are special to the region and
contribute to the region's quality of life. 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.
SEC. 8. Section 66537.7 is added to the Government Code, to read:
66537.7. 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.
SEC. 9. 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.