Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2342

Introduced by Assembly Member Linder

February 18, 2016

An act to amend Section begin delete 65401 end delete begin insert 8625 end insert of the Government Code, relating to begin delete land use. end delete begin insert state government. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2342, as amended, Linder. begin delete General plans. end delete begin insert State of emergency. end insert

begin insert

Existing law empowers the Governor to proclaim a state of emergency in an area affected or likely to be affected when the Governor finds that specified circumstances exist and either the Governor is requested to do so by the mayor or chief executive in the case of a city or by the chairman of the board of supervisors or the county administrative officer in the case of a county, or the Governor finds that the local authority is inadequate to cope with the emergency.

end insert begin insert

This bill would require the governor to approve a request from a city or county within 60 days of receiving the request, except if the Governor has requested federal emergency assistance or a federal declaration of a major disaster.

end insert begin delete

The Planning and Zoning Law requires a city, county, or city and county to adopt a comprehensive general plan that addresses a number of elements. If a general plan has been adopted, each county or city officer, department, board, or commission, and each governmental body, commission, or board within the jurisdiction of the city or county, is required to submit a list of proposed public works for the ensuing fiscal year to a designated official agency. The agency receiving the list of proposed public works is required to prepare a coordinated program of proposed public works for the ensuing fiscal year.

end delete begin delete

This bill would make nonsubstantive changes to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 8625 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

8625.  

begin insert (a) end insert begin insert   end insert The Governor is hereby empowered to proclaim a
state of emergency in an area affected or likely to be affected
thereby begin delete when: end delete

begin delete (a) end delete begin delete   end delete begin delete He end delete begin insert when he or she end insert finds that circumstances described in
subdivision (b) of Section 8558 begin delete exist; end delete begin insert exist, end insert and either begin insert of the
following is true: end insert

begin delete

(b)

end delete

begin insert (1) end insert  He begin insert or she end insert is requested to do so in the case of a city by the
mayor or chief executive, begin delete (2) end delete begin insert or end insert in the case of a county by the
chairman of the board of supervisors or the county administrative
officer; begin delete or end delete

begin delete

(c)

end delete

begin insert (2) end insert  He begin insert or she end insert finds that local authority is inadequate to cope
with the emergency.

begin insert

(b) The Governor shall approve or deny a request received
pursuant to paragraph (1) of subdivision (a) within 60 days of
receiving the request, except if the Governor has requested either
federal emergency assistance or a federal declaration of a major
disaster.

end insert

begin delete

SECTION 1.  

Section 65401 of the Government Code is
amended to read:

65401.  

If a general plan or part thereof has been adopted, within
the time fixed by the legislative body, each county or city officer,
department, board, or commission, and each governmental body,
commission, or board, including the governing body of any special
district or school district, whose jurisdiction lies wholly or partially
within the county or city, whose functions include recommending,
preparing plans for, or constructing major public works, shall
submit to the official agency, as designated by the respective
county board of supervisors or city council, a list of the proposed
public works recommended for planning, initiation, or construction
during the ensuing fiscal year. The official agency receiving the
list of proposed public works shall list and classify all of these
recommendations and shall prepare a coordinated program of
proposed public works for the ensuing fiscal year. The coordinated
program shall be submitted to the county or city planning agency
for review and report to the official agency as to conformity with
the adopted general plan or part thereof.

end delete