BILL NUMBER: SB 1445 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 24, 2010
INTRODUCED BY Senator DeSaulnier
FEBRUARY 19, 2010
An act to amend Section 65040.6 of, and to add Section 65080.6 to,
the Government Code, to amend Section 75125 of the Public Resources
Code, and to add Section 9250.20 to the Vehicle Code, relating to
planning.
LEGISLATIVE COUNSEL'S DIGEST
SB 1445, as amended, DeSaulnier. Planning.
(1) Existing law creates the Strategic Planning
Growth Council consisting 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 public member appointed by the
Governor. Existing law specifies the powers and duties of the council
with respect to identification and review of activities and programs
of member agencies that may be coordinated to improve certain
planning and resource objectives and associated matters, including
provision of financial assistance to support the planning and
development of sustainable communities. Existing law requires the
council to report to the Legislature not later than July 1, 2010, and
every year thereafter, on the financial assistance provided.
This bill would instead provide for an initial reporting date of
July 1, 2012. The bill would require the council to coordinate
certain of its activities with the Planning Advisory and Assistance
Council.
(2) Existing law creates the Planning Advisory and Assistance
Council in the Office of Planning and Research in the Governor's
Office office , with a specified
membership appointed by the Director of State Planning and Research
consisting of representatives of cities, counties, each regional
planning districts, and Indian tribes and bands, from persons
nominated by those entities. Existing law requires the council to
provide advice on certain planning matters, including the preparation
of state long-range goals and policies, and evaluation of the
planning functions of various state agencies.
This bill would delete the reference to regional planning
districts and instead require 7 of the council's members to be
appointed from the governing boards of specified regional planning
organizations. This The bill would also
provide for the appointment of one member each from the California
Transportation Commission, the State Air Resources Board, the State
Energy Conservation and Development Commission, the Speaker of the
Assembly, and the Senate Committee on Rules. This
The bill would expand the duties of the council by
requiring it to work with the Strategic Growth Council and various
regional and local agencies to facilitate the implementation of
regional blueprint plans, and to develop and propose recommendations
to the Strategic Growth Council and certain state agencies in order
to facilitate coordination between regional blueprint plans, state
growth and infrastructure plans, and programs that facilitate the
implementation of regional blueprint plans. This
The bill would also require reports by the council to the
Legislature on specified matters.
(3) Existing law requires certain transportation planning
activities by designated regional transportation planning agencies,
including development of a regional transportation plan. Certain of
these agencies are designated under federal law as metropolitan
planning organizations. Existing law requires metropolitan planning
organizations to adopt a sustainable communities strategy, subject to
specified requirements, as part of a regional transportation plan,
which is to be designed to achieve certain targets established by the
State Air Resources Board for the reduction of greenhouse gas
emissions from automobiles and light trucks in the region.
This bill would increase the registration fee imposed by the state
on the registration of each vehicle by $1, and require the
Department of Motor Vehicles to distribute 5%
1% of the net revenues from the fee increase to the Planning
Advisory and Assistance Council. The remaining net revenues would be
distributed to designated transportation planning agencies based on
the number of vehicles registered within the jurisdiction of each
agency. The bill would require the transportation planning agencies
to use the funds solely to develop and implement a sustainable
communities strategy or , a regional
blueprint plan , or a rural transportation plan element in
order to identify land use strategies to reduce the use of motor
vehicles and to carry out transportation-related activities in the
strategy or , plan, or plan
element and , in the case of an agency preparing a
regional blueprint plan, to provide grants to cities, counties, and
congestion management agencies for planning and projects related to
implementation of the plan. The bill would also provide for sharing
of available revenues between various agencies, as specified.
(4) The bill would also make legislative findings and
declarations.
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. The Legislature finds and declares as follows:
(a) Uncoordinated and unplanned growth together with a lack of
common goals to effect the public's interest in the conservation and
wise use of our lands pose a threat to the environment, sustainable
economic development, and the health, safety, and high quality of
life enjoyed by residents of this state.
(b) The enactment of Senate Bill 375 of the 2007-08 Regular
Session (Chapter 728 of the Statutes of 2008) and the establishment
of requirements for regional transportation plans to address
greenhouse gases can only be successfully implemented if regional and
local governments have the tools they need to collaboratively plan
for the type of growth that can achieve these goals, and if that
collaborative planning is coordinated with the efforts of the
Governor's Strategic Growth Council and other state agencies as
required by the enactment of Senate Bill 732 of the 2007-08 Regular
Session (Chapter 729 of the Statutes of 2008).
(c) The successful development of sustainable communities
strategies as part of regional transportation plans and
implementation of those strategies by the amendment of city and
county general and specific plans will result in significantly
reduced vehicle travel. The reduced travel will reduce greenhouse gas
emissions and air pollution and provide environmental benefits that
mitigate the adverse impacts associated with vehicle use. The
resulting reduction in traffic congestion provides a user benefit to
all vehicle owners which is at least equal in value to a fee of two
dollars ($2) per vehicle annually.
(d) Cooperation between regional and local governments and air
districts is essential to the achievement of the greenhouse gas
emission reductions envisioned in regional transportation plans.
(e) Therefore, it is in the public interest that state residents,
communities, local governments, air districts, and the private sector
cooperate and coordinate with one another in comprehensive,
sustainable land use planning.
(f) It is the intent of the Legislature to update the duties and
composition of the Planning Advisory and Assistance Council to assist
in the state's land use planning processes by providing funding to
support the development and implementation for regional blueprints
and related planning and to work with state agencies providing
funding for resource protection and local infrastructure to
facilitate coordination between state planning and funding decisions
and regional blueprints.
SEC. 2. 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;
seven representatives of regional planning organizations; one member
of the State Air Resources Board; one member of the California
Transportation Commission; one member of the State Energy Resources
Conservation and Development Commission; one member appointed by the
Speaker of Assembly; one member appointed by the Senate Committee on
Rules; 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 regional planning organizations
appointed pursuant to this subdivision shall be selected by the
director from nominees submitted by the regional planning
organizations set forth in paragraphs (1) to (5), inclusive, of
subdivision (b) and from nominees submitted by the California
Association of Councils of Governments for the representatives set
forth in paragraphs (6) and (7) of subdivision (b). 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) Seven of the council's members shall be from the governing
body of each of the following:
(1) The Southern California Association of Governments.
(2) The Metropolitan Transportation Commission or the Association
of Bay Area Governments. The person appointed to the council pursuant
to this paragraph shall be a member of the governing body for both
the Metropolitan Transportation Commission and the Association of Bay
Area Governments.
(3) The San Diego Association of Governments.
(4) The Sacramento Area Council of Governments.
(5) The San Joaquin Valley Regional Policy Council.
(6) A metropolitan planning organization or council of governments
that is not identified in paragraphs (1) to (5), inclusive.
(7) A regional transportation planning agency, as defined in
Section 65080, that is neither a metropolitan planning organization
nor a council of governments.
(c) The council shall provide such advice as may be necessary to
assist the office in discharging the requirements of Sections 65040
to 65040.4, inclusive. In particular, the council shall:
(1) Assist the office in the preparation of the state long-range
goals and policies, in the manner specified in subdivision (a) of
Section 65040.
(2) Evaluate the planning functions of the various state agencies
involved in planning, in the manner specified in subdivision (c) 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.
(4) Work with the Strategic Growth Council, created pursuant to
Section 75121 of the Public Resources Code, regional agencies, such
as metropolitan planning organizations or councils of governments,
and with cities and counties to facilitate the implementation of
regional blueprint plans.
(5) Develop and propose recommendations to the Strategic Growth
Council, created pursuant to Section 75121 of the Public Resources
Code, the Department of General Services, the State Allocation Board,
the Department of Housing and Community Development, the Department
of Transportation, the California Transportation Commission, and any
other state agencies that affect land use, housing, or transportation
in order to facilitate coordination between regional blueprint
plans, state growth and infrastructure funding plans, and programs
that facilitate the implementation of regional blueprint plans.
(6) Receive reports, including, but not limited to, a copy of the
five-year infrastructure plan described in Section 13102.
(7) Report to the Legislature, in consultation and coordination
with the Strategic Growth Council, created pursuant to Section
75121of the Public Resources Code, on the manner in which state
agencies are implementing the requirements of Chapter 1016 of the
Statutes of 2002.
(8) Report to the Legislature on regional performance measures,
evaluating the progress of each region of the state in improving
results for its residents in employment, environmental protection,
education, housing, mobility, and other criteria as determined by the
council. The council shall provide the Legislature with updates to
the report periodically, as the council determines is required.
(d) The council shall meet on call of the director of the office,
who shall convene at least two council meetings during each year.
(e) Council members shall serve without compensation, but they may
be reimbursed for actual expenses incurred in connection with their
duties.
SEC. 3. Section 65080.6 is added to the Government Code, to read:
65080.6. (a) All revenue received pursuant to Section 9250.20 of
the Vehicle Code shall be used by the metropolitan planning
organization, the council of governments, or a county transportation
planning agency solely to develop and implement a sustainable
communities strategy or , a regional
blueprint plan , or a rural transportation plan element that is
consistent with the guidelines developed by the Department of
Transportation for regional blueprints, in order to identify
land use strategies to reduce the use of motor vehicles in its
jurisdiction and carry out applicable transportation-related
activities in the strategy or plan , plan, or
plan element , and thereby to achieve the greenhouse gas
emission reduction target as specified in Section 65080, and to
provide grants to cities, counties, cities and counties, and
congestion management agencies for planning and projects related to
the implementation of a regional blueprint plan.
(b) A metropolitan planning organization that is jointly preparing
a sustainable communities strategy with a council of governments
shall share all revenue it receives and expend that revenue in
accordance with an agreement between the two agencies.
(c) The Southern California Association of Governments (SCAG)
shall distribute a share of revenues received pursuant to Section
9250.20 of the Vehicle Code to a county transportation commission or
subregional council of governments that has elected to prepare a
subregional sustainable communities strategy pursuant to Section
65080. The share of each eligible agency shall be computed after
deducting from total revenues available to SCAG pursuant to Section
9520.20 of the Vehicle Code the costs incurred by SCAG for preparing
the regionwide sustainable communities strategy pursuant to Section
65080, and then, with respect to those remaining revenues, computing
the proportionate share for an eligible agency based on the
percentage of total revenues collected for the region that are
attributable to fees collected in the jurisdiction of the eligible
agency.
(d) The metropolitan planning organization, the council of
governments, or a county transportation commission and a subregional
council of governments jointly preparing a subregional sustainable
communities strategy, may, pursuant to an agreement with the local
air quality management district that has responsibility over the
jurisdiction, share revenues received pursuant to this section with
the local air quality management district.
(e) All revenue received by the local air quality management
district pursuant to subdivision (d) shall be used to assist local
and regional governments in reducing greenhouse gas emissions.
Appropriate assistance includes, but is not limited to, all of the
following:
(1) Assistance in the development of a subregional sustainable
communities strategy.
(2) Assistance in the development of local greenhouse gas emission
inventories.
(3) Assistance in the development of greenhouse gas emission
reduction strategies in general plans.
(4) Development of and assistance with CEQA guidelines and review
of greenhouse gas emissions in CEQA analyses.
(5) Consultation and development of local climate action plans.
(6) Project-specific consultation work to reduce greenhouse gas
emissions from local transportation and land use decisions.
(f) For purposes of this section, a sustainable communities
strategy and an alternative planning strategy shall both be
considered to be a regional blueprint plan.
SEC. 4. Section 75125 of the Public Resources Code is amended to
read:
75125. The council shall do all of the following:
(a) Identify and review activities and funding programs of member
state agencies that may be coordinated to improve air and water
quality, improve natural resource protection, increase the
availability of affordable housing, improve transportation, meet the
goals of the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code), encourage sustainable land use planning, and revitalize
urban and community centers in a sustainable manner. At a minimum,
the council shall review and comment on the five-year infrastructure
plan developed pursuant to Article 2 (commencing with Section 13100)
of Chapter 2 of Part 3 of Division 3 of the Government Code and the
State Environmental Goals and Policy Report developed pursuant to
Section 65041 of the Government Code.
(b) Recommend policies and investment strategies and priorities to
the Governor, the Legislature, and to appropriate state agencies to
encourage the development of sustainable communities, such as those
communities that promote equity, strengthen the economy, protect the
environment, and promote public health and safety, consistent with
subdivisions (a) and (c) of Section 75065.
(c) Provide, fund, and distribute data and information to local
governments and regional agencies that will assist in developing and
planning sustainable communities.
(d) Manage and award grants and loans to support the planning and
development of sustainable communities, pursuant to Sections 75127,
75128, and 75129. To implement this subdivision, the council may do
all of the following:
(1) Develop guidelines for awarding financial assistance,
including criteria for eligibility and additional consideration.
(2) Develop criteria for determining the amount of financial
assistance to be awarded. The council shall award a revolving loan to
an applicant for a planning project, unless the council determines
that the applicant lacks the fiscal capacity to carry out the project
without a grant. The council may establish criteria that would allow
the applicant to illustrate an ongoing commitment of financial
resources to ensure the completion of the proposed plan or project.
(3) Provide for payments of interest on loans made pursuant to
this article. The rate of interest shall not exceed the rate earned
by the Pooled Money Investment Board.
(4) Provide for the time period for repaying a loan made pursuant
to this article.
(5) Provide for the recovery of funds from an applicant that fails
to complete the project for which financial assistance was awarded.
The council shall direct the Controller to recover funds by any
available means.
(6) Provide technical assistance for application preparation.
(7) Designate a state agency or department to administer technical
and financial assistance programs for the disbursing of grants and
loans to support the planning and development of sustainable
communities, pursuant to Sections 75127, 75128, and 75129.
(e) In making recommendations pursuant to subdivisions (a) and (b)
and in providing data and information pursuant to subdivision (c),
the council shall consult with and coordinate its recommendations
with the Planning Advisory and Assistance Council created pursuant to
Section 65040.6 of the Government Code.
(f) No later than July 1, 2012, and every year thereafter, provide
a report to the Legislature that shall include, but is not limited
to, all of the following:
(1) A list of applicants for financial assistance.
(2) Identification of which applications were approved.
(3) The amounts awarded for each approved application.
(4) The remaining balance of available funds.
(5) A report on the proposed or ongoing management of each funded
project.
(6) Any additional minimum requirements and priorities for a
project or plan proposed in a grant or loan application developed and
adopted by the council pursuant to subdivision (c) of Section 75126.
SEC. 5. Section 9250.20 is added to the Vehicle Code, to read:
9250.20. (a) Effective July 1, 2011, the fee imposed by Section
9250 shall be increased by an additional one dollar ($1).
(b) After deducting the costs incurred pursuant to subdivision
(c), 5 (d), 1 percent of all revenues
received from the additional fee imposed pursuant to this section
shall be transmitted to the Planning Advisory and Assistance Council
to perform the functions specified in subdivision (c) of Section
65040.6 of the Government Code.
(c) The department shall distribute the remaining revenues from
the fee increase to metropolitan planning organizations, councils of
governments outside of metropolitan planning organizations, and
transportation planning agencies in areas outside of metropolitan
planning organizations or councils of governments in accordance with
Section 65080.6 of the Government Code, based upon the amount of fees
collected from motor vehicles registered within each jurisdiction.
(d) The department may annually expend for its costs not more than
the following percentages of the fees collected pursuant to
subdivision (a):
(1) Two percent during the first year after the increased fee is
imposed.
(2) One percent during any subsequent year.