BILL NUMBER: SB 792 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 19, 2014
AMENDED IN SENATE JANUARY 27, 2014
AMENDED IN SENATE JANUARY 13, 2014
AMENDED IN SENATE MAY 14, 2013
AMENDED IN SENATE APRIL 22, 2013
AMENDED IN SENATE APRIL 10, 2013
INTRODUCED BY Senator DeSaulnier
(Coauthors: Senators Hancock, Hill, and Leno)
FEBRUARY 22, 2013
An act to amend Section 65080 of, and to add
Sections 66537.1, 66537.2, 66537.3, 66537.4, 66537.6, and 66537.7
to, to the Government Code, relating to
planning.
LEGISLATIVE COUNSEL'S DIGEST
SB 792, as amended, DeSaulnier. Regional entities: San Francisco
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 under existing law as a joint powers agency
comprised of cities and counties with regional planning
responsibilities. Existing law provides for a joint policy committee
of certain 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
adopted in urban areas, to develop a sustainable communities
strategy, coordinating transportation, land use, and air quality
planning, with specified objectives.
This bill would require the member agencies of the joint policy
committee to prepare a plan for consolidating certain
functions that are common to the member agencies
complete an analysis of common functions and identify opportunities
to save costs, reduce redundancies, and further the goals of the
member agencies . The bill would require the plan
analysis to also include a statement relative to
the expected reduction of overhead, operation, and management costs.
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,
2015, and would require the member agencies to report to the Senate
Committee on Transportation and Housing on the adoption and
implementation of the plan on or before December 31, 2016.
The bill would also require the joint policy committee to maintain an
Internet Web site containing information relevant to the committee's
activities and 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 sustainable communities strategy
, including social equity issues .
The bill would also establish additional requirements for
a sustainable communities strategy adopted on or after January 1,
2015, within the jurisdiction of the Metropolitan Transportation
Commission, and would impose additional duties relating to that
sustainable communities strategy on the Metropolitan Transportation
Commission, the Bay Area Air Quality Management District, and the San
Francisco Bay Conservation and Development Commission. Among those
additional duties, the bill would require the Metropolitan
Transportation Commission to convene a public engagement advisory
group to assist provide recommendations
in the development of a draft public participation plan with
respect to the regional transportation plan update , as
specified. The bill would also require the commission to report
biannually biennially to the
Legislature and the public on the progress in implementing the
policies and programs of the sustainable communities strategy
prepared as part of the regional transportation plan
.
By imposing new duties on the Metropolitan Transportation
Commission and other regional entities, the 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, 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, a sustainable communities
strategy adopted on or after January 1, 2015, shall also include
consideration of local and regional air quality, 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 sustainable communities
strategy may also include consideration of sea level rise. The
Association of Bay Area Governments shall be responsible for clauses
(i), (ii), (iii), (v), and (vi) of subparagraph (B). The Metropolitan
Transportation Commission shall be responsible for clauses (iv) and
(viii) of subparagraph (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 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 strategy
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.
SEC. 2. SECTION 1. 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
plan for consolidating the functions that are common to the
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, as deemed
appropriate and feasible, that will further the goals of the member
agencies and reduce redundancy. complete an analysis
of common functions and identify opportunities to save costs, reduce
redundancies, and further the goals of the member agencies. The
plan analysis 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 member agencies.
(b) On or before December 31, 2015, a member agency affected by
the plan shall submit a copy of the plan to its board.
(c) On or before December 31, 2016, the member agencies shall
report to the Senate Committee on Transportation and Housing on the
adoption and implementation of the plan.
SEC. 3. SEC. 2. Section 66537.2 is
added to the Government Code, to read:
66537.2. (a) Prior to initiating public outreach and
participation efforts for a regional transportation plan update,
including the sustainable communities strategy pursuant to
subparagraphs (B) and (C) of paragraph (2) of subdivision (b) of
Section 65080, the Metropolitan Transportation Commission, in
consultation with the Association of Bay Area Governments, the Bay
Area Air Quality Management District, and the San Francisco Bay
Conservation and Development Commission, shall issue, for public
comment, a draft public participation plan to meet the public
participation requirements under federal law and Section 65080.
(b) (1) At least 180 30 days before
issuing the draft under subdivision (a), the Metropolitan
Transportation Commission shall convene a public engagement advisory
group to meet at least six times as needed
before the draft is issued for public comment and until
the adoption of the public participation plan. The public engagement
advisory group shall include, but shall not be limited to, persons
representing local planning agencies, congestion management
authorities or other local government agencies, low-income
communities, communities of color, seniors, persons with
disabilities, business, and environmental organizations .
Meetings of the public engagement advisory group shall be subject to
the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of
Part 1 of Division 2 of Title 5 of the Government Code).
(2) The Metropolitan Transportation Commission shall accept
nominations for membership on the public engagement advisory group
from community-based organizations representing populations that are
traditionally underrepresented in decisionmaking, including minority
and low-income populations. Not less than 60 percent of the members
of the public engagement advisory group shall be affiliated with
those community-based groups.
(3)
(2) The public engagement advisory group shall be
charged with all of the following tasks:
(A) Reviewing the public participation process in connection with
the development and adoption of the previous regional transportation
plan and sustainable communities strategy and assessing both of the
following:
(i) Strengths and weaknesses.
(ii) The degree to which the public participation plans were
implemented, and the degree to which specific implementation actions
contributed to a robust, inclusive, and transparent process.
(B) Identifying key decision points in the process by which the
previous regional transportation plan and sustainable communities
strategy was were developed and
adopted, including all of the following:
adopted.
(i) Decision points relating to public outreach.
(ii) Participation and process needs assessment and
prioritization.
(iii) Goals and objectives.
(iv) Targets and performance measures.
(v) Equity metrics and equity analysis.
(vi) Scenario development and evaluation.
(vii) Selection of a preferred alternative.
(viii) Regional housing needs assessment methodology and
allocation.
(ix) Scoping of the environmental impact report.
(x) Response to comments.
(xi) Investment and planning tradeoffs.
(xii) Relevant decision points of other public agencies, such as
county congestion management agencies, transit operators, the Bay
Area Partnership Board, cities, and counties.
(C) Assisting staff Providing
recommendations to the Metropolitan Transportation Commission and the
Association of Bay Area Governments in developing a
draft public participation plan that does
seeks to do all of the following:
(i) Provides Provide a
clear process map, timeline, and description of all key decision
points, including those described in subparagraph (B).
points.
(ii) Sets Set forth outreach
activities designed to meaningfully inform and engage San Francisco
bay area Bay Area residents, including
activities targeting populations traditionally underrepresented in
regional planning, such as minority and low-income populations.
(iii) Sets Set forth the role of
advisory committees in the development and approval of the regional
transportation plan update and sustainable communities strategy.
(iv) Sets Set forth the role of
other agencies and local jurisdictions in the planning process, and
prescribes prescribe requirements for
inclusive public engagement and transparency, to which the
Metropolitan Transportation Commission will hold those agencies and
jurisdictions accountable. transparency.
(v) Addresses Address any other
priority concerns raised by the public engagement advisory group.
SEC. 4. SEC. 3. 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. SEC. 4. 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. SEC. 5. 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 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 strategies 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. 7. SEC. 6. Section 66537.7 is
added to the Government Code, to read:
66537.7. The Metropolitan Transportation Commission shall report
biannually biennially 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. SEC. 7. 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.