BILL NUMBER: AB 2754 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 28, 2010
INTRODUCED BY Assembly Member John A. Perez
FEBRUARY 19, 2010
An act to amend Section 65040 of the Government Code,
Sections 61041, 65038, 65040, 6504 0.2,
and 65040.6 of, and to add Sections 65028.3 and 65039.5 to, the
Government Code, and to amend Sections 75121 and 75124 of the Public
Resources Code, relating to land use and planning.
LEGISLATIVE COUNSEL'S DIGEST
AB 2754, as amended, John A. Perez. Land use and planning: Office
of Planning and Research: duties. Planning
and State Clearinghouse Unit.
The
(1) The Planning and Zoning Law
provides that the Office of Planning and Research is the
comprehensive state planning agency, requires the office to serve the
Governor and his or her cabinet as staff for long-range planning and
research, and sets forth the various duties of the office ,
including the duty that the office, in conjunction with the Planning
Advisory and Assistance Council, evaluate plans and programs of
state government, identify conflicts or omissions in those plans and
programs, and recommend to the Governor and Legislature new actions
to resolve those conflicts, advance statewide environmental goals,
and ensure state policies and programs conform to adopted land use
planning goals and programs . That law requires the
Governor to appoint the Director of State Planning and Research, and
the Director of State Planning and Research to head the office and
carry out and effect all purposes vested by law in the office.
This bill would establish the Planning and State Clearinghouse
Unit within the Office of Planning and Research, and provide that the
unit is under the direct control of the Director of the Planning and
State Clearinghouse Unit. The bill would require the Director of the
Planning and State Clearinghouse Unit to oversee the work of the
unit, and report directly to the Director of State Planning and
Research.
The bill would authorize the Director of State Planning and
Research, in accordance with constitutional provisions governing
civil service, to employ and fix the compensation of the Director of
the Planning and State Clearinghouse Unit and those officers and
employees that the Director of State Planning and Research deems
necessary for the effective conduct of the work of the unit.
This bill would delete certain statutory duties of the office, and
transfer specified statutory duties, powers, and responsibilities of
the office and the Director of State Planning and Research to the
unit and the Director of the Planning and State Clearinghouse Unit.
The bill would require the Director of the Planning and State
Clearinghouse Unit to perform all duties, exercise all powers, assume
and discharge all responsibilities, and carry out and effect all
purposes prescribed to either the office or the unit by specified
provisions of the Planning and Zoning Law, and require the Director
of State Planning and Research to be responsible for the fulfillment
of those duties and responsibilities, and the exercise of those
powers.
(2) The Planning and Zoning Law requires the office, in
conjunction with the Planning Advisory and Assistance Council, to
evaluate plans and programs of state government, identify conflicts
or omissions in those plans and programs, and recommend to the
Governor and Legislature new actions to resolve those conflicts,
advance statewide environmental goals, and ensure state policies and
programs conform to adopted land use planning goals and programs.
This bill would transfer the above-described statutory duty
from the office to the unit, and additionally require the
office unit to report to the Governor
and the Legislature, no later than January 1, 2012, and by
that date every two years thereafter, on its efforts to accomplish
its above-listed duties in conjunction with the
Planning Advisory and Assistance Council.
(3) The Planning and Zoning Law also requires each transportation
planning agency to prepare and adopt a regional transportation plan,
including, among other things, a sustainable communities strategy
prepared by each metropolitan planning organization, as specified.
This bill would require the unit to assist the State Air Resources
Board in providing technical assistance to a local government in
developing its sustainable communities strategy or alternative
planning strategy.
(4) Existing law establishes the Strategic Growth Council in state
government and requires the council to consist of specified
state-government officials, including the Director of State Planning
and Research.
This bill would require the council to be administered by the
Office of Planning and Research, and any remaining funds out of the
existing appropriation to support the council as of January 1, 2011,
to be transferred to the office to pay the costs of administration of
the council.
This bill would also require the unit to work with the council to
assist state and local entities in the planning of sustainable
communities and in meeting the goals of the California Global Warming
Solutions Act of 2006.
(5) This bill would also make conforming changes to existing law.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 61041 of the
Government Code is amended to read:
61041. Notwithstanding paragraph (1) of subdivision
(a) (b) of Section 65040, this section
applies only to those districts that on December 31, 2005, had boards
of directors that consisted of three members. Those districts shall
continue to have boards of directors that consist of three members
until the next general district election after January 1, 2006, after
which date those districts shall have boards of directors that
consist of five members. At that election, the voters shall fill the
two vacancies on the board of directors. Those two members of the
board of directors shall serve for the terms of office determined
pursuant to Section 10506 of the Elections Code.
SEC. 2. Section 65028.3 is added to the
Government Code , to read:
65028.3. "Unit" as used in this chapter, means the Planning and
State Clearing House Unit established pursuant to Section 65039.5.
SEC. 3. Section 65038 of the Government
Code is amended to read:
65038. For the purpose of administering this chapter, the
Governor shall appoint the Director of State Planning and Research,
who shall perform be responsible for the
performance of all duties, the exercise of
all powers, assume the assumption
and discharge of all responsibilities, and carry
out and effect for carrying out and effecting
all purposes vested by law in the office, including contracting for
professional or consultant services in connection with the work of
the office.
SEC. 4. Section 65039.5 is added to the
Government Code , to read:
65039.5. (a) The Planning and State Clearinghouse Unit is hereby
established in state government in the Office of Planning and
Research. The unit shall be under the direct control of the Director
of the Planning and State Clearinghouse Unit, who shall oversee all
work of the unit and report directly to the Director of State
Planning and Research.
(b) The Director of State Planning and Research may employ and fix
the compensation, in accordance with Article VII of the California
Constitution, of the Director of the Planning and State Clearinghouse
Unit and those officers and employees that the Director of State
Planning and Research deems necessary for the effective conduct of
the work of the Planning and State Clearinghouse Unit.
(c) Notwithstanding any contrary law, the Director of the Planning
and State Clearinghouse Unit shall perform all duties, exercise all
powers, assume and discharge all responsibilities, and carry out and
effect all purposes prescribed by Sections 65040 to 65053.7,
inclusive, to either the office or the unit.
SECTION 1. SEC. 5. Section 65040 of
the Government Code is amended to read:
65040. (a) The Office of Planning and
Research shall serve the Governor and his or her Cabinet as staff for
long-range planning and research, and constitute the comprehensive
state planning agency. In this capacity the office shall:
(b) In order to discharge the duties of the office prescribed by
subdivision (a), the Planning and State Clearinghouse Unit within the
office shall do all of the following:
(a)
(1) Assisted by the Planning Advisory and Assistance
Council established pursuant to subdivision (a) of Section 65040.6,
engage in the formulation, evaluation and updating of long-range
goals and policies for land use, population growth and distribution,
urban expansion, development, open space, resource preservation and
utilization, air and water quality, and other factors which shape
statewide development patterns and significantly influence the
quality of the state's environment.
(b)
(2) Assist in the orderly preparation by appropriate
state departments and agencies of intermediate- and short-range
functional plans to guide programs of transportation, water
management, open space, recreation and other functions which relate
to the protection and enhancement of the state's environment.
(c) (1) In conjunction with the council,
(3) By January 1, 2012, and annually thereafter, review the
functional plans of each state department and agency to ensure
consistency with the state planning priorities specified in Section
65041.1. If a plan is determined to be inconsistent with the
priorities, the unit shall make recommendations to the department or
agency and the Legislature on what changes need to be made in order
to make the plan consistent.
(4) (A)
Biannually evaluate plans and programs of departments and
agencies of state government, identify conflicts or omissions, and
recommend to the Governor and the Legislature new state policies,
programs and actions, or amendments of existing programs, as
required, to resolve conflicts, advance statewide environmental goals
to respond to emerging environmental problems and opportunities, and
to ensure that all state policies and programs conform to the
adopted land use planning goals and programs.
(2)
(B) Report to the Governor and the Legislature on its
efforts to accomplish the duties described in paragraph (1), no later
than one year after the operative date of the act that added this
paragraph to this section, and by that date every two years
thereafter.
(d)
( 5 ) Assist the Department of
Finance in preparing, as part of the annual state budget, an
integrated program of priority actions to implement state functional
plans and to achieve statewide environmental goals and objectives and
take other actions to assure that the program budget, submitted
annually to the Legislature, contains information reporting the
achievement of state goals and objectives by departments and agencies
of state government.
(e) Coordinate the development of policies and criteria to ensure
the federal grants-in-aid administered or directly expended by state
government advance statewide environmental goals and objectives.
(f) Coordinate the development and operation of a statewide
environmental monitoring system to assess the implications of present
growth and development trends on the environment and to identify at
an early time, potential threats to public health, natural resources
and environmental quality.
(g)
(6) Coordinate, in conjunction with appropriate state,
regional, and local agencies, the development of objectives, criteria
and procedures for the orderly evaluation and report of the impact
of public and private actions on the environmental quality of the
state and as a guide to the preparation of environmental impact
reports required of state and local agencies in Sections 21102 and
21150 of the Public Resources Code.
(h)
(7) Coordinate research activities of state government
directed to the growth and development of the state and the
preservation of environmental quality, render advice to the Governor,
his or her Cabinet, to the Legislature, and any agency or department
of state government, and provide information to, and cooperate with,
the Legislature or any of its committees or officers.
(i)
(8) Coordinate the technical assistance provided by
state departments and agencies in regional and local planning to
assure that such plans are consistent with statewide environmental
goals and objectives and the state planning priorities specified
in Section 65041.1 .
(j)
(9) Accept and allocate or expend grants and gifts from
any source, public or private, for the purpose of state planning and
undertake other planning and coordinating activities as will
implement the policy and intent of the Legislature as set forth
herein.
(k) Develop
(10) By January 1, 2012, and every five
years thereafter, develop long-range policies to assist the
state and local agencies in meeting the problems presented by the
growth and development of urban areas and defining the complementary
roles of the state, cities, counties, school districts, and special
districts with respect to such growth.
(l)
(11) Encourage the formation and proper functioning of,
and provide planning assistance to, city, county, district, and
regional planning agencies.
(m)
(12) Assist local government in land use planning.
(13) Assist the State Air Resources Board in providing technical
assistance to a local government developing its sustainable
communities strategy or alternative planning strategy pursuant to
Section 65080.
(14) Work with the Strategic Growth Council to assist state and
local entities in the planning of sustainable communities and in
meeting the goals of the California Global Warming Solutions Act of
2006 (Division 25.5 (commencing with Section 38500) of the Health and
Safety Code), including the provision of technical assistance to
local governments eligible for grants and loans to support the
planning and development of sustainable communities, pursuant to
Section 75127, 75128, or 75129 of the Public Resources Code.
SEC. 6. Section 65040.2 of the
Government Code is amended to read:
65040.2. (a) In connection with its responsibilities under
paragraph (11) of subdivision (l) (b)
of Section 65040, the office unit
shall develop and adopt guidelines for the preparation of and the
content of the mandatory elements required in city and county general
plans by Article 5 (commencing with Section 65300) of Chapter 3. For
purposes of this section, the guidelines prepared pursuant to
Section 50459 of the Health and Safety Code shall be the guidelines
for the housing element required by Section 65302. In the event that
additional elements are hereafter required in city and county general
plans by Article 5 (commencing with Section 65300) of Chapter 3, the
office unit shall adopt guidelines for
those elements within six months of the effective date of the
legislation requiring those additional elements.
(b) The office unit may request from
each state department and agency, as it deems appropriate, and the
department or agency shall provide, technical assistance in
readopting, amending, or repealing the guidelines.
(c) The guidelines shall be advisory to each city and county in
order to provide assistance in preparing and maintaining their
respective general plans.
(d) The guidelines shall contain the guidelines for addressing
environmental justice matters developed pursuant to Section 65040.12.
(e) The guidelines shall contain advice including recommendations
for best practices to allow for collaborative land use planning of
adjacent civilian and military lands and facilities. The guidelines
shall encourage enhanced land use compatibility between civilian
lands and any adjacent or nearby military facilities through the
examination of potential impacts upon one another.
(f) The guidelines shall contain advice for addressing the effects
of civilian development on military readiness activities carried out
on all of the following:
(1) Military installations.
(2) Military operating areas.
(3) Military training areas.
(4) Military training routes.
(5) Military airspace.
(6) Other territory adjacent to those installations and areas.
(g) By March 1, 2005, the guidelines shall contain advice,
developed in consultation with the Native American Heritage
Commission, for consulting with California Native American tribes for
all of the following:
(1) The preservation of, or the mitigation of impacts to, places,
features, and objects described in Sections 5097.9 and 5097.993 of
the Public Resources Code.
(2) Procedures for identifying through the Native American
Heritage Commission the appropriate California Native American
tribes.
(3) Procedures for continuing to protect the confidentiality of
information concerning the specific identity, location, character,
and use of those places, features, and objects.
(4) Procedures to facilitate voluntary landowner participation to
preserve and protect the specific identity, location, character, and
use of those places, features, and objects.
(h) Commencing January 1, 2009, but no later than January 1, 2014,
upon the next revision of the guidelines pursuant to subdivision
(i), the office unit shall prepare or
amend guidelines for a legislative body to accommodate the safe and
convenient travel of users of streets, roads, and highways in a
manner that is suitable to the rural, suburban, or urban context of
the general plan, pursuant to subdivision (b) of Section 65302.
(1) In developing guidelines, the office
unit shall consider how appropriate accommodation varies
depending on its transportation and land use context, including
urban, suburban, or rural environments.
(2) The office unit may consult with
leading transportation experts including, but not limited to,
bicycle transportation planners, pedestrian planners, public
transportation planners, local air quality management districts, and
disability and senior mobility planners.
(i) The office unit shall provide
for regular review and revision of the guidelines established
pursuant to this section.
SEC. 7. Section 65040.6 of the
Government Code is amended to read:
65040.6. (a) The Planning Advisory and Assistance Council is
hereby created within the office, the membership of which shall be as
follows: three city representatives; three county representatives;
one representative of each district, provided that at least two of
the district representatives are representatives of metropolitan
areawide planning organizations and that at least one of the district
representatives is a representative of a nonmetropolitan planning
organization; and one representative of Indian tribes and bands which
have reservations or rancherias within California. The city and
county representatives appointed pursuant to this subdivision shall
be selected by the director from nominees submitted by the League of
California Cities and by the California State Association of
Counties. Representatives of areawide planning organizations
appointed pursuant to this subdivision shall be selected by the
director from nominees submitted by the several areawide planning
organizations within the state. Other district representatives shall
be appointed by the director. The representative of Indian tribes and
bands shall be a member of one tribe or band, and shall be selected
by the director.
Appointment to the advisory council shall be for a term of two
years, provided that the members of the first council shall classify
themselves by lot so that one-half shall serve an initial term of one
year and one-half shall serve an initial term of two years.
Vacancies shall be filled in the same manner provided for the
original appointment.
(b) The council shall provide such advice as may be necessary to
assist the office unit in discharging
the requirements of Sections 65040 to 65040.4, inclusive. In
particular, the council shall:
(1) Assist the office unit in the
preparation of the state long-range goals and policies, in the manner
specified in paragraph (1) of subdivision (a)
(b) of Section 65040.
(2) Evaluate the planning functions of the various state agencies
involved in planning, in the manner specified in paragraph (4)
of subdivision (c) (b) of Section
65040.
(3) Make appropriate decisions and provide such
advice and assistance as may be required by federal statute or
regulation in connection with any federal program administered by the
office.
(c) The council shall meet on call of the director of the office,
who shall convene at least two council meetings during each year.
(d) Council members shall serve without compensation, but they may
be reimbursed for actual expenses incurred in connection with their
duties.
SEC. 8. Section 75121 of the Public
Resources Code is amended to read:
75121. (a) The Strategic Growth Council is hereby established in
state government and it shall consist of the Director of State
Planning and Research, the Secretary of the Natural
Resources Agency, the Secretary for Environmental Protection, the
Secretary of Business, Transportation and Housing, the Secretary of
California Health and Human Services, and one member of the public to
be appointed by the Governor. The public member shall have a
background in land use planning, local government, resource
protection and management, or community development or
revitalization.
(b) Staff for the council shall be reflective of the council's
membership.
(c) The council shall be administered by the Office of Planning
and Research.
SEC. 9. Section 75124 of the Public
Resources Code is amended to read:
75124. Of the funds made available pursuant to subdivisions (a)
and (c) of Section 75065, the sum of five hundred thousand dollars
($500,000) is hereby appropriated to the Natural Resources
Agency to be used in support of the council and its activities in
accordance with this chapter. Any remaining funds from this
appropriation as of January 1, 2011, shall be transferred to the
Office of Planning and Research for the administration of the
council.
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