BILL NUMBER: SB 792 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 30, 2014
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 add Sections 66537.1, 66537.2, 66537.3, 66537.4,
66537.6, and 66537.7 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 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 analysis to
also include a statement relative to the expected reduction of
overhead, operation, and management costs. 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 economic development,
including social equity issues.
The bill would require the Metropolitan Transportation Commission
to convene a public engagement advisory group to 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 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 66537.1 is added to the Government Code, to
read:
66537.1. The member agencies of the joint policy committee
created pursuant to subdivision (d) of Section 66536 shall complete
an analysis of common functions and identify opportunities to save
costs, reduce redundancies, and further the goals of the member
agencies. The 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.
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 30 days before issuing the draft under
subdivision (a), the Metropolitan Transportation Commission shall
convene a public engagement advisory group to meet 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 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 were developed and adopted.
(C) Providing recommendations to the Metropolitan Transportation
Commission and the Association of Bay Area Governments in developing
a draft public participation plan that seeks to do all of the
following:
(i) Provide a clear process map, timeline, and description of all
key decision points.
(ii) Set forth outreach activities designed to meaningfully inform
and engage San Francisco Bay area residents, including activities
targeting populations traditionally underrepresented in regional
planning, such as minority and low-income populations.
(iii) Set forth the role of advisory committees in the development
and approval of the regional transportation plan update and
sustainable communities strategy.
(iv) Set forth the role of other agencies and local jurisdictions
in the planning process, and prescribe requirements for inclusive
public engagement and transparency.
(v) Address any other priority concerns raised by the public
engagement advisory group.
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. 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. 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 economic
development. 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.
(c) Meetings of the advisory committee on economic competitiveness
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 66537.7 is added to the
Government Code, to read:
66537.7. The Metropolitan Transportation Commission shall report
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. 7. SEC. 6. 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.