BILL NUMBER: SB 792 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 14, 2013
AMENDED IN SENATE APRIL 22, 2013
AMENDED IN SENATE APRIL 10, 2013
INTRODUCED BY Senator DeSaulnier
FEBRUARY 22, 2013
An act to amend Section 65080 of, and 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 member agencies
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 Metropolitan Transportation
Commission to report biannually to the Legislature and the public at
large on the progress in implementing the pol icies and
programs of the sustainable communities strate gy. The
bill would also require the joint policy committee to prepare a
regional organization plan for the affected regional
entities member agencies . 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
member agencies . 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 July 1, 2016. The
bill would require a member agency affected by the plan to submit a
copy of the plan to its board on or before December 31,
2014, and would require the member agencies to report to the Senate
Transportation and Housing Committee on the adopti on and
implementation of the plan on or before December 31, 2015. 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
member agencies . 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.
This bill would require the San Francisco Bay Conservation and
Development Commission to relocate.
This bill would establish additional requirements for a
sustainable communities strategy adopted on or after January 1, 2014,
within the jurisdiction of the Metropolitan Transportation
Commission, and would impose additional duties relating to a
sustainable communities strategy on the Metropolitan Transportation
Commission, the San Francisco Bay Area Air Quality Management
District, and the San Francisco Bay Conservation and Development
Commission.
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 65080 of the
Government Code is amended to read:
65080. (a) Each transportation planning agency designated under
Section 29532 or 29532.1 shall prepare and adopt a regional
transportation plan directed at achieving a coordinated and balanced
regional transportation system, including, but not limited to, mass
transportation, highway, railroad, maritime, bicycle, pedestrian,
goods movement, and aviation facilities and services. The plan shall
be action-oriented and pragmatic, considering both the short-term and
long-term future, and shall present clear, concise policy guidance
to local and state officials. The regional transportation plan shall
consider factors specified in Section 134 of Title 23 of the United
States Code. Each transportation planning agency shall consider and
incorporate, as appropriate, the transportation plans of cities,
counties, districts, private organizations, and state and federal
agencies.
(b) The regional transportation plan shall be an internally
consistent document and shall include all of the following:
(1) A policy element that describes the transportation issues in
the region, identifies and quantifies regional needs, and describes
the desired short-range and long-range transportation goals, and
pragmatic objective and policy statements. The objective and policy
statements shall be consistent with the funding estimates of the
financial element. The policy element of transportation planning
agencies with populations that exceed 200,000 persons may quantify a
set of indicators including, but not limited to, all of the
following:
(A) Measures of mobility and traffic congestion, including, but
not limited to, daily vehicle hours of delay per capita and vehicle
miles traveled per capita.
(B) Measures of road and bridge maintenance and rehabilitation
needs, including, but not limited to, roadway pavement and bridge
conditions.
(C) Measures of means of travel, including, but not limited to,
percentage share of all trips (work and nonwork) made by all of the
following:
(i) Single occupant vehicle.
(ii) Multiple occupant vehicle or carpool.
(iii) Public transit including commuter rail and intercity rail.
(iv) Walking.
(v) Bicycling.
(D) Measures of safety and security, including, but not limited
to, total injuries and fatalities assigned to each of the modes set
forth in subparagraph (C).
(E) Measures of equity and accessibility, including, but not
limited to, percentage of the population served by frequent and
reliable public transit, with a breakdown by income bracket, and
percentage of all jobs accessible by frequent and reliable public
transit service, with a breakdown by income bracket.
(F) The requirements of this section may be met utilizing existing
sources of information. No additional traffic counts, household
surveys, or other sources of data shall be required.
(2) A sustainable communities strategy prepared by each
metropolitan planning organization as follows:
(A) No later than September 30, 2010, the State Air Resources
Board shall provide each affected region with greenhouse gas emission
reduction targets for the automobile and light truck sector for 2020
and 2035, respectively.
(i) No later than January 31, 2009, the state board shall appoint
a Regional Targets Advisory Committee to recommend factors to be
considered and methodologies to be used for setting greenhouse gas
emission reduction targets for the affected regions. The committee
shall be composed of representatives of the metropolitan planning
organizations, affected air districts, the League of California
Cities, the California State Association of Counties, local
transportation agencies, and members of the public, including
homebuilders, environmental organizations, planning organizations,
environmental justice organizations, affordable housing
organizations, and others. The advisory committee shall transmit a
report with its recommendations to the state board no later than
September 30, 2009. In recommending factors to be considered and
methodologies to be used, the advisory committee may consider any
relevant issues, including, but not limited to, data needs, modeling
techniques, growth forecasts, the impacts of regional jobs-housing
balance on interregional travel and greenhouse gas emissions,
economic and demographic trends, the magnitude of greenhouse gas
reduction benefits from a variety of land use and transportation
strategies, and appropriate methods to describe regional targets and
to monitor performance in attaining those targets. The state board
shall consider the report prior to setting the targets.
(ii) Prior to setting the targets for a region, the state board
shall exchange technical information with the metropolitan planning
organization and the affected air district. The metropolitan planning
organization may recommend a target for the region. The metropolitan
planning organization shall hold at least one public workshop within
the region after receipt of the report from the advisory committee.
The state board shall release draft targets for each region no later
than June 30, 2010.
(iii) In establishing these targets, the state board shall take
into account greenhouse gas emission reductions that will be achieved
by improved vehicle emission standards, changes in fuel composition,
and other measures it has approved that will reduce greenhouse gas
emissions in the affected regions, and prospective measures the state
board plans to adopt to reduce greenhouse gas emissions from other
greenhouse gas emission sources as that term is defined in
subdivision (i) of Section 38505 of the Health and Safety Code and
consistent with the regulations promulgated pursuant to the
California Global Warming Solutions Act of 2006 (Division 25.5
(commencing with Section 38500) of the Health and Safety Code).
(iv) The state board shall update the regional greenhouse gas
emission reduction targets every eight years consistent with each
metropolitan planning organization's timeframe for updating its
regional transportation plan under federal law until 2050. The state
board may revise the targets every four years based on changes in the
factors considered under clause (iii). The state board shall
exchange technical information with the Department of Transportation,
metropolitan planning organizations, local governments, and affected
air districts and engage in a consultative process with public and
private stakeholders prior to updating these targets.
(v) The greenhouse gas emission reduction targets may be expressed
in gross tons, tons per capita, tons per household, or in any other
metric deemed appropriate by the state board.
(B) Each metropolitan planning organization shall prepare a
sustainable communities strategy, subject to the requirements of Part
450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal
Regulations, including the requirement to utilize the most recent
planning assumptions considering local general plans and other
factors. The sustainable communities strategy shall (i) identify the
general location of uses, residential densities, and building
intensities within the region, (ii) identify areas within the region
sufficient to house all the population of the region, including all
economic segments of the population, over the course of the planning
period of the regional transportation plan taking into account net
migration into the region, population growth, household formation and
employment growth, (iii) identify areas within the region sufficient
to house an eight-year projection of the regional housing need for
the region pursuant to Section 65584, (iv) identify a transportation
network to service the transportation needs of the region, (v) gather
and consider the best practically available scientific information
regarding resource areas and farmland in the region as defined in
subdivisions (a) and (b) of Section 65080.01, (vi) consider the state
housing goals specified in Sections 65580 and 65581, (vii) set forth
a forecasted development pattern for the region, which, when
integrated with the transportation network, and other transportation
measures and policies, will reduce the greenhouse gas emissions from
automobiles and light trucks to achieve, if there is a feasible way
to do so, the greenhouse gas emission reduction targets approved by
the state board, and (viii) allow the regional transportation plan to
comply with Section 176 of the federal Clean Air Act (42 U.S.C. Sec.
7506).
(C) (i) Within the jurisdiction of the Metropolitan Transportation
Commission, as defined by Section 66502, the
a sustainable communities strategy adopted on or after January 1,
2014, shall also include consideration of local and regional air
quality, sea level rise, priority infrastructure needs, and the goals
and policies related to economic development opportunities and
social equity goals pursuant to subdivision (b) of Section 66537.6.
The Association of Bay Area Governments shall be responsible
for clauses (i), (ii), (iii), (v), and (vi) of subparagraph
(B), the (B). The Metropolitan Transportation
Commission shall be responsible for clauses (iv) and (viii) of
subparagraph (B); and the (B), priority
infrastructure needs, and the goals and policies related to economic
development opportunities and social equity goals pursuant to
subdivision (b) of Section 66537.6. The Bay Area Air Quality
Management District shall be responsible for criteria pollutants and
toxic air contaminants. The San Francisco Bay Conservation and
Development Commission shall be responsible for sea level
rise. The Association of Bay Area Governments , the Bay
Area Air Quality Management District, the San Francisco Bay
Conservation and Development Commission, and the Metropolitan
Transportation Commission shall jointly be responsible for clause
(vii) of subparagraph (B) and the adoption of the strate
gy as a whole .
(ii) Within the jurisdiction of the Tahoe Regional Planning
Agency, as defined in Sections 66800 and 66801, the Tahoe
Metropolitan Planning Organization shall use the Regional Plan for
the Lake Tahoe Region as the sustainable community strategy, provided
that it complies with clauses (vii) and (viii) of subparagraph (B).
(D) In the region served by the multicounty transportation
planning agency described in Section 130004 of the Public Utilities
Code, a subregional council of governments and the county
transportation commission may work together to propose the
sustainable communities strategy and an alternative planning
strategy, if one is prepared pursuant to subparagraph (I), for that
subregional area. The metropolitan planning organization may adopt a
framework for a subregional sustainable communities strategy or a
subregional alternative planning strategy to address the
intraregional land use, transportation, economic, air quality, and
climate policy relationships. The metropolitan planning organization
shall include the subregional sustainable communities strategy for
that subregion in the regional sustainable communities strategy to
the extent consistent with this section and federal law and approve
the subregional alternative planning strategy, if one is prepared
pursuant to subparagraph (I), for that subregional area to the extent
consistent with this section. The metropolitan planning organization
shall develop overall guidelines, create public participation plans
pursuant to subparagraph (F), ensure coordination, resolve conflicts,
make sure that the overall plan complies with applicable legal
requirements, and adopt the plan for the region.
(E) The metropolitan planning organization shall conduct at least
two informational meetings in each county within the region for
members of the board of supervisors and city councils on the
sustainable communities strategy and alternative planning strategy,
if any. The metropolitan planning organization may conduct only one
informational meeting if it is attended by representatives of the
county board of supervisors and city council members representing a
majority of the cities representing a majority of the population in
the incorporated areas of that county. Notice of the meeting or
meetings shall be sent to the clerk of the board of supervisors and
to each city clerk. The purpose of the meeting or meetings shall be
to discuss the sustainable communities strategy and the alternative
planning strategy, if any, including the key land use and planning
assumptions to the members of the board of supervisors and the city
council members in that county and to solicit and consider their
input and recommendations.
(F) Each metropolitan planning organization shall adopt a public
participation plan, for development of the sustainable communities
strategy and an alternative planning strategy, if any, that includes
all of the following:
(i) Outreach efforts to encourage the active participation of a
broad range of stakeholder groups in the planning process, consistent
with the agency's adopted Federal Public Participation Plan,
including, but not limited to, affordable housing advocates,
transportation advocates, neighborhood and community groups,
environmental advocates, home builder representatives, broad-based
business organizations, landowners, commercial property interests,
and homeowner associations.
(ii) Consultation with congestion management agencies,
transportation agencies, and transportation commissions.
(iii) Workshops throughout the region to provide the public with
the information and tools necessary to provide a clear understanding
of the issues and policy choices. At least one workshop shall be held
in each county in the region. For counties with a population greater
than 500,000, at least three workshops shall be held. Each workshop,
to the extent practicable, shall include urban simulation computer
modeling to create visual representations of the sustainable
communities strategy and the alternative planning strategy.
(iv) Preparation and circulation of a draft sustainable
communities strategy and an alternative planning strategy, if one is
prepared, not less than 55 days before adoption of a final regional
transportation plan.
(v) At least three public hearings on the draft sustainable
communities strategy in the regional transportation plan and
alternative planning strategy, if one is prepared. If the
metropolitan transportation organization consists of a single county,
at least two public hearings shall be held. To the maximum extent
feasible, the hearings shall be in different parts of the region to
maximize the opportunity for participation by members of the public
throughout the region.
(vi) A process for enabling members of the public to provide a
single request to receive notices, information, and updates.
(G) In preparing a sustainable communities strategy, the
metropolitan planning organization shall consider spheres of
influence that have been adopted by the local agency formation
commissions within its region.
(H) Prior to adopting a sustainable communities strategy, the
metropolitan planning organization shall quantify the reduction in
greenhouse gas emissions projected to be achieved by the sustainable
communities strategy and set forth the difference, if any, between
the amount of that reduction and the target for the region
established by the state board.
(I) If the sustainable communities strategy, prepared in
compliance with subparagraph (B) or (D), is unable to reduce
greenhouse gas emissions to achieve the greenhouse gas emission
reduction targets established by the state board, the metropolitan
planning organization shall prepare an alternative planning strategy
to the sustainable communities strategy showing how those greenhouse
gas emission targets would be achieved through alternative
development patterns, infrastructure, or additional transportation
measures or policies. The alternative planning strategy shall be a
separate document from the regional transportation plan, but it may
be adopted concurrently with the regional transportation plan. In
preparing the alternative planning strategy, the metropolitan
planning organization:
(i) Shall identify the principal impediments to achieving the
targets within the sustainable communities strategy.
(ii) May include an alternative development pattern for the region
pursuant to subparagraphs (B) to (G), inclusive.
(iii) Shall describe how the greenhouse gas emission reduction
targets would be achieved by the alternative planning strategy, and
why the development pattern, measures, and policies in the
alternative planning strategy are the most practicable choices for
achievement of the greenhouse gas emission reduction targets.
(iv) An alternative development pattern set forth in the
alternative planning strategy shall comply with Part 450 of Title 23
of, and Part 93 of Title 40 of, the Code of Federal Regulations,
except to the extent that compliance will prevent achievement of the
greenhouse gas emission reduction targets approved by the state
board.
(v) For purposes of the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code), an alternative planning strategy shall not constitute a land
use plan, policy, or regulation, and the inconsistency of a project
with an alternative planning strategy shall not be a consideration in
determining whether a project may have an environmental effect.
(J) (i) Prior to starting the public participation process adopted
pursuant to subparagraph (F), the metropolitan planning organization
shall submit a description to the state board of the technical
methodology it intends to use to estimate the greenhouse gas
emissions from its sustainable communities strategy and, if
appropriate, its alternative planning strategy. The state board shall
respond to the metropolitan planning organization in a timely manner
with written comments about the technical methodology, including
specifically describing any aspects of that methodology it concludes
will not yield accurate estimates of greenhouse gas emissions, and
suggested remedies. The metropolitan planning organization is
encouraged to work with the state board until the state board
concludes that the technical methodology operates accurately.
(ii) After adoption, a metropolitan planning organization shall
submit a sustainable communities strategy or an alternative planning
strategy, if one has been adopted, to the state board for review,
including the quantification of the greenhouse gas emission
reductions the strategy would achieve and a description of the
technical methodology used to obtain that result. Review by the state
board shall be limited to acceptance or rejection of the
metropolitan planning organization's determination that the strategy
submitted would, if implemented, achieve the greenhouse gas emission
reduction targets established by the state board. The state board
shall complete its review within 60 days.
(iii) If the state board determines that the strategy submitted
would not, if implemented, achieve the greenhouse gas emission
reduction targets, the metropolitan planning organization shall
revise its strategy or adopt an alternative planning strategy, if not
previously adopted, and submit the strategy for review pursuant to
clause (ii). At a minimum, the metropolitan planning organization
must obtain state board acceptance that an alternative planning
strategy would, if implemented, achieve the greenhouse gas emission
reduction targets established for that region by the state board.
(K) Neither a sustainable communities strategy nor an alternative
planning strategy regulates the use of land, nor, except as provided
by subparagraph (J), shall either one be subject to any state
approval. Nothing in a sustainable communities strategy shall be
interpreted as superseding the exercise of the land use authority of
cities and counties within the region. Nothing in this section shall
be interpreted to limit the state board's authority under any other
provision of law. Nothing in this section shall be interpreted to
authorize the abrogation of any vested right whether created by
statute or by common law. Nothing in this section shall require a
city's or county's land use policies and regulations, including its
general plan, to be consistent with the regional transportation plan
or an alternative planning strategy. Nothing in this section requires
a metropolitan planning organization to approve a sustainable
communities strategy that would be inconsistent with Part 450 of
Title 23 of, or Part 93 of Title 40 of, the Code of Federal
Regulations and any administrative guidance under those regulations.
Nothing in this section relieves a public or private entity or any
person from compliance with any other local, state, or federal law.
(L) Nothing in this section requires projects programmed for
funding on or before December 31, 2011, to be subject to the
provisions of this paragraph if they (i) are contained in the 2007 or
2009 Federal Statewide Transportation Improvement Program, (ii) are
funded pursuant to Chapter 12.49 (commencing with Section 8879.20) of
Division 1 of Title 2, or (iii) were specifically listed in a ballot
measure prior to December 31, 2008, approving a sales tax increase
for transportation projects. Nothing in this section shall require a
transportation sales tax authority to change the funding allocations
approved by the voters for categories of transportation projects in a
sales tax measure adopted prior to December 31, 2010. For purposes
of this subparagraph, a transportation sales tax authority is a
district, as defined in Section 7252 of the Revenue and Taxation
Code, that is authorized to impose a sales tax for transportation
purposes.
(M) A metropolitan planning organization, or a regional
transportation planning agency not within a metropolitan planning
organization, that is required to adopt a regional transportation
plan not less than every five years, may elect to adopt the plan not
less than every four years. This election shall be made by the board
of directors of the metropolitan planning organization or regional
transportation planning agency no later than June 1, 2009, or
thereafter 54 months prior to the statutory deadline for the adoption
of housing elements for the local jurisdictions within the region,
after a public hearing at which comments are accepted from members of
the public and representatives of cities and counties within the
region covered by the metropolitan planning organization or regional
transportation planning agency. Notice of the public hearing shall be
given to the general public and by mail to cities and counties
within the region no later than 30 days prior to the date of the
public hearing. Notice of election shall be promptly given to the
Department of Housing and Community Development. The metropolitan
planning organization or the regional transportation planning agency
shall complete its next regional transportation plan within three
years of the notice of election.
(N) Two or more of the metropolitan planning organizations for
Fresno County, Kern County, Kings County, Madera County, Merced
County, San Joaquin County, Stanislaus County, and Tulare County may
work together to develop and adopt multiregional goals and policies
that may address interregional land use, transportation, economic,
air quality, and climate relationships. The participating
metropolitan planning organizations may also develop a multiregional
sustainable communities strategy, to the extent consistent with
federal law, or an alternative planning strategy for adoption by the
metropolitan planning organizations. Each participating metropolitan
planning organization shall consider any adopted multiregional goals
and policies in the development of a sustainable communities strategy
and, if applicable, an alternative planning strategy for its region.
(3) An action element that describes the programs and actions
necessary to implement the plan and assigns implementation
responsibilities. The action element may describe all transportation
projects proposed for development during the 20-year or greater life
of the plan. The action element shall consider congestion management
programming activities carried out within the region.
(4) (A) A financial element that summarizes the cost of plan
implementation constrained by a realistic projection of available
revenues. The financial element shall also contain recommendations
for allocation of funds. A county transportation commission created
pursuant to Section 130000 of the Public Utilities Code shall be
responsible for recommending projects to be funded with regional
improvement funds, if the project is consistent with the regional
transportation plan. The first five years of the financial element
shall be based on the five-year estimate of funds developed pursuant
to Section 14524. The financial element may recommend the development
of specified new sources of revenue, consistent with the policy
element and action element.
(B) The financial element of transportation planning agencies with
populations that exceed 200,000 persons may include a project cost
breakdown for all projects proposed for development during the
20-year life of the plan that includes total expenditures and related
percentages of total expenditures for all of the following:
(i) State highway expansion.
(ii) State highway rehabilitation, maintenance, and operations.
(iii) Local road and street expansion.
(iv) Local road and street rehabilitation, maintenance, and
operation.
(v) Mass transit, commuter rail, and intercity rail expansion.
(vi) Mass transit, commuter rail, and intercity rail
rehabilitation, maintenance, and operations.
(vii) Pedestrian and bicycle facilities.
(viii) Environmental enhancements and mitigation.
(ix) Research and planning.
(x) Other categories.
(C) The metropolitan planning organization or county
transportation agency, whichever entity is appropriate, shall
consider financial incentives for cities and counties that have
resource areas or farmland, as defined in Section 65080.01, for the
purposes of, for example, transportation investments for the
preservation and safety of the city street or county road system and
farm-to-market and interconnectivity transportation needs. The
metropolitan planning organization or county transportation agency,
whichever entity is appropriate, shall also consider financial
assistance for counties to address countywide service
responsibilities in counties that contribute toward
the greenhouse gas emission reduction
targets by implementing policies for growth to occur within their
cities.
(c) Each transportation planning agency may also include other
factors of local significance as an element of the regional
transportation plan, including, but not limited to, issues of
mobility for specific sectors of the community, including, but not
limited to, senior citizens.
(d) Except as otherwise provided in this subdivision, each
transportation planning agency shall adopt and submit, every four
years, an updated regional transportation plan to the California
Transportation Commission and the Department of Transportation. A
transportation planning agency located in a federally designated air
quality attainment area or that does not contain an urbanized area
may at its option adopt and submit a regional transportation plan
every five years. When applicable, the plan shall be consistent with
federal planning and programming requirements and shall conform to
the regional transportation plan guidelines adopted by the California
Transportation Commission. Prior to adoption of the regional
transportation plan, a public hearing shall be held after the giving
of notice of the hearing by publication in the affected county or
counties pursuant to Section 6061.
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 member agencies of 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, member agencies, 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, activities, as
deemed appropriate and feasible, that will further the
mission of the joint policy committee goals
of the member agencies 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
member agencies .
(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 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
a member agency affected by the plan shall submit a
copy of the plan to its board .
(c) On or before December 31, 2015, the member agencies shall
report to the Senate Transportation and Housing Committee on the
adoption and implementation of the plan.
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, member agencies, 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 member
agencies 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. SEC. 6. 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
sustainable communities strategy . 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 and include strategics to improve the
economic conditions and opportunities for all residents with special
attention given to opportunities available for low-income residents
and populations of color .
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. 7. Section 66537.7 is added to the
Government Code , to read:
66537.7. The Metropolitan Transportation Commission shall report
biannually to the Legislature and the public at large on progress in
implementing the policies and programs of the sustainable communities
strategy required pursuant to subparagraph (B) of paragraph (2) of
subdivision (b) of Section 65080 and in preparing the subsequent
sustainable communities strategy.
SEC. 8. The San Francisco Bay Conservation and
Development Commission shall relocate to 390 Main Street in San
Francisco, California.
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.