BILL NUMBER: SB 1445 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 20, 2010
AMENDED IN ASSEMBLY AUGUST 2, 2010
AMENDED IN SENATE MAY 13, 2010
AMENDED IN SENATE APRIL 26, 2010
AMENDED IN SENATE APRIL 13, 2010
AMENDED IN SENATE MARCH 24, 2010
INTRODUCED BY Senator DeSaulnier
( Coauthor: Assembly Member
Ma )
FEBRUARY 19, 2010
An act to amend Section 65040.6 of, and to add and repeal
Section 65080.6 of, the Government Code, to amend Section 75125 of
the Public Resources Code, and to add and repeal Section 9250.20 of
the Vehicle Code, relating to planning. An act to add
Section 65083 to, and to repeal and add Section 65040.6 of, the
Government Code, and to amend Section 9250.17 of the Vehicle Code,
relating to land use and planning.
LEGISLATIVE COUNSEL'S DIGEST
SB 1445, as amended, DeSaulnier. Planning.
Land use and planning: environmental quality.
(1) The Planning and Zoning Law establishes the Planning Advisory
and Assistance Council in the Office of Planning and Research, and
prescribes the membership and duties of the council.
This bill would modify the membership of the council, establish
new processes for selecting specified members of the council, and
prescribe new duties of the council relating to the reduction of
greenhouse gas emissions.
(2) The Planning and Zoning Law also requires certain
transportation planning activities by regional transportation
planning agencies designated by the Director of Transportation,
including the development of a regional transportation plan. That law
requires the regional transportation plan to include, among other
items, a sustainable communities strategy, to be prepared as
specified.
This bill would authorize a metropolitan planning organization, a
council of governments, or a county transportation commission, and a
subregional council of governments jointly preparing a subregional
sustainable communities strategy, singularly titled an "authority"
and collectively titled the "authorities," to levy a mitigation fee
of up to $4 upon the registration or renewal of registration of any
motor vehicle registered in a county or city and county within the
jurisdiction of the authority, upon receiving voter approval to
implement and impose the fee from a majority of the aggregate voters
in all counties and cities and counties within the jurisdiction of
the authority. Notwithstanding this authorization, the bill would
prohibit a council of governments within the Association of Bay Area
Governments that only represents a portion of the region from levying
the fee.
The bill would require an authority seeking to implement and
impose the fee to adopt a measure containing specified findings of
fact, and, upon the authority's adoption of the measure and its
written request to the counties and cities and counties within its
jurisdiction, the board of supervisors of each of those counties and
cities and counties to submit to the voters, at a local election
consolidated with a statewide primary or general election specified
by the authority, the measure adopted by the authority.
The bill would authorize the authority, upon the approval of the
measure by an aggregate majority of the voters of all counties and
cities and counties within its jurisdiction, to implement and impose
the fee. The bill would also authorize the authority, if the measure
is not approved, to reuse this procedure to seek voter approval of
the fee. The bill would require the authority to reimburse each
county and city and county within its jurisdiction for the cost of
submitting the measure to the voters, from the fee revenues it
receives if the measure is approved, and from funds available through
the Mills-Alquist-Deddeh Act if the measure is not approved.
The bill would require, if the authority's measure is adopted by a
majority of the aggregate voters in all counties and cities and
counties within the authority's jurisdiction, the Department of Motor
Vehicles to collect and administer the fee, as specified, and the
authority to deposit all fee revenues it receives from the department
in the Regional Blueprint Plan Implementation Fund, to be created
and administered by the authority. The bill would require the net
revenues of the fee received by the authority to be used to identify
land use strategies, reduce the use of motor vehicles within its
jurisdiction, and to carry out specified transportation-related
activities, for the purpose of achieving a specified greenhouse gas
emission reduction target.
The bill would require, if the fee exceeds $2, all revenue derived
from the amount of the fee in excess of $2 to be made available by
the authority in the form of grants to specified entities within its
jurisdiction, as specified. The bill would require the grants to only
be made after a finding by the authority that the funds will be used
exclusively for planning and projects relating to the implementation
of a sustainable communities strategy or a regional blueprint plan.
The bill would authorize the authority to divide the fee revenues
it receives with the local air quality management district that has
responsibility over all or part of the same geographic area, pursuant
to an agreement with that district, and would require the district
to use all fee revenues it receives to assist local and regional
governments in reducing greenhouse gas emissions.
(3) Existing law requires the Department of Motor Vehicles, if
requested by a county air pollution control district, air quality
management district, or unified or regional air pollution control
district, to collect specified fees upon the registration or renewal
of registration of any motor vehicle in the district, except those
vehicles which are expressly exempt from the payment of registration
fees. Existing law requires the department, after deducting its
costs, to distribute the revenues of the fees to the appropriate
district.
This bill would additionally require the department, if requested
by an authority, to collect the authority's mitigation fee upon the
registration or renewal of registration of any motor vehicle
registered within the jurisdiction of the authority, and, after
deducting its costs as specified, to distribute the revenues of the
mitigation fee to the appropriate authority. Upon the adoption of the
fee in counties of which the aggregate population constitutes at
least 50% of the population of the state, the department would be
required to deposit 1% of the net fee revenues into the Planning
Advisory and Assistance Council Fund, which this bill would create
within the State Treasury. After making that deposit, the bill would
require the department to distribute the remaining fee revenue to the
appropriate authority. The bill would require the Controller, upon
appropriation by the Legislature, to make the moneys within the fund
available to the Planning Advisory and Assistance Council for the
performance of specified functions.
(4) This bill would incorporate additional changes in Section
65040.6 of the Government Code made by AB 2754 that would become
operative if both bills are enacted and this bill becomes enacted
after AB 2754.
(1) Existing law creates the Strategic 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, 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. 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. 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. The bill would also
require reports by the council to the Legislature on specified
matters.
This bill would provide that if the office is abolished, the
council shall retain its duties and reside in the Strategic Growth
Council whose chair shall assume the director's duties.
(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, until January 1, 2016, would increase the registration
fee imposed by the state on the registration of each vehicle by $1,
and require the Department of Motor Vehicles, after deducting its
administrative costs, to deposit 1% of the net revenues from the fee
increase into the Planning Advisory and Assistance Council Fund,
which would be created by the bill, and to make those funds available
to the Planning Advisory and Assistance Council, upon appropriation
by the Legislature. 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, 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, 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. (a) The Legislature finds and declares
the following:
(1) 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.
(2) The requirements for regional transportation plans can only be
successfully implemented if regional and local governments have the
funding and tools they need to collaboratively plan for the type of
growth that can match transportation goals. The Governor's Strategic
Growth Council and other state agencies should use the plans that
result from the collaborative local and regional effort as a basis
for the implementation of state policy and goals contemplated by the
enactment of Senate Bill 732 of the 2007-08 Regular Session (Chapter
729 of the Statutes of 2008).
(3) The successful development and implementation of regional
transportation and local general plans and ordinances that achieve
the regional goals for reduction in emissions from passenger vehicles
and light trucks will result in significantly reduced vehicle
emissions. Reduced emissions and air pollution will 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 up to $4 per vehicle annually. There is a fair
and reasonable relationship between the owners of passenger vehicles
and light trucks that produce these emissions and traffic congestion,
and the need to adopt strategies to reduce emissions and congestion.
Therefore, it is reasonable to impose a fee on the owners of
passenger vehicles and light trucks to pay for the regulatory program
that is required to mitigate the impact of driving those vehicles
and light trucks.
(4) 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.
(b) 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 of regional transportation
plans, 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,
funding decisions, regional transportation plans, and regional
blueprint plans.
SEC. 2. Section 65040.6 of the
Government Code is repealed.
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 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.
(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. 3. Section 65040.6 is added to the
Government Code , to read:
65040.6. (a) (1) The Planning Advisory and Assistance Council is
hereby created within the office. The membership of the council shall
include all of the following:
(A) Three city representatives.
(B) Three county representatives.
(C) Seven representatives of regional planning organizations.
(D) One member of the State Air Resources Board.
(E) One member of the California Transportation Commission.
(F) One member of the State Energy Resources Conservation and
Development Commission.
(G) One member appointed by the Speaker of the Assembly.
(H) One member appointed by the Senate Committee on Rules.
(I) One representative of Indian tribes and bands which have
reservations or rancherias within the state.
(2) (A) The city and county representatives appointed pursuant to
paragraph (1) shall be selected by the Director of State Planning and
Research from nominees submitted by the League of California Cities
and by the California State Association of Counties.
(B) Representatives of regional planning organizations appointed
pursuant to paragraph (1) shall be selected by the director from
nominees submitted by the regional planning organizations specified
in clauses (i) to (v), inclusive, and from nominees submitted by the
California Association of Councils of Governments for those specified
in clauses (vi) and (vii).
(i) The Southern California Association of Governments.
(ii) The Metropolitan Transportation Commission or the Association
of Bay Area Governments.
(iii) The San Diego Association of Governments.
(iv) The Sacramento Area Council of Governments.
(v) The San Joaquin Valley Regional Policy Council.
(vi) A metropolitan planning organization or council of
governments that is not identified in clauses (i) to (v), inclusive.
(vii) A regional transportation planning agency, as defined in
Section 65080, that is neither a metropolitan planning organization
nor a council of governments.
(C) The representative of Indian tribes and bands shall be a
member of one tribe or band, and shall be selected by the director.
(3) Appointment to the 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 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 do all of the
following:
(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 advice and assistance
as 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, 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. 3.5. 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.
65040.6. (a) (1) The Planning Advisory and
Assistance Council is hereby created within the office. The
membership of the council shall include all of the following:
(A) Three city representatives.
(B) Three county representatives.
(C) 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.
(D) Seven representatives of regional planning organizations.
(E) One member of the State Air Resources Board.
(F) One member of the California Transportation Commission.
(G) One member of the State Energy Resources Conservation and
Development Commission.
(H) One member appointed by the Speaker of the Assembly.
(I) One member appointed by the Senate Committee on Rules.
(J) One representative of Indian tribes and bands which have
reservations or rancherias within the state.
(2) (A) The city and county representatives appointed pursuant to
paragraph (1) shall be selected by the Director of State Planning and
Research from nominees submitted by the League of California Cities
and by the California State Association of Counties.
(B) Representatives of regional planning organizations appointed
pursuant to paragraph (1) shall be selected by the director from
nominees submitted by the regional planning organizations specified
in clauses (i) to (v), inclusive, and from nominees submitted by the
California Association of Councils of Governments for those specified
in clauses (vi) and (vii). Other district representatives shall be
appointed by the director.
(i) The Southern California Association of Governments.
(ii) The Metropolitan Transportation Commission or the Association
of Bay Area Governments.
(iii) The San Diego Association of Governments.
(iv) The Sacramento Area Council of Governments.
(v) The San Joaquin Valley Regional Policy Council.
(vi) A metropolitan planning organization or council of
governments that is not identified in clauses (i) to (v), inclusive.
(vii) A regional transportation planning agency, as defined in
Section 65080, that is neither a metropolitan planning organization
nor a council of governments.
(C) The representative of Indian tribes and bands shall be a
member of one tribe or band, and shall be selected by the director.
(3) Appointment to the 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 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 subdivision (a) paragraph (1)
of subdivision (b) of Section 65040.
(2) Evaluate the planning functions of the various state agencies
involved in planning, in the manner specified in subdivision
(c) paragraph (4) of subdivision (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. 4. Section 65083 is added to the
Government Code , to read:
65083. (a) (1) In addition to any other fees provided for by law,
and subject to approval of the voters pursuant to subdivision (b), a
metropolitan planning organization, as defined in Section 134 of
Title 23 of the United States Code, a council of governments, as
defined in Section 65582, or a county transportation commission and a
subregional council of governments jointly preparing a subregional
sustainable communities strategy pursuant to subparagraph (D) of
paragraph (2) of subdivision (b) of Section 65080, singularly titled
an "authority" and collectively titled the "authorities," may levy a
mitigation fee of up to four dollars ($4) upon the registration or
renewal of registration of any motor vehicle registered in a county
or city and county within the jurisdiction of the authority, to be
collected and administrated as specified in Section 9250.17 of the
Vehicle Code. The mitigation fee may only be levied in increments of
whole dollars, up to a maximum amount of four dollars ($4).
(2) Notwithstanding paragraph (1), in the region of the
Association of Bay Area Governments, a council of governments that
represents only a portion of the region shall not levy the mitigation
fee.
(b) (1) In order to implement and impose the fee provided for by
subdivision (a), the authority shall adopt a measure authorizing it
to implement and impose the fee in every county or city and county
within its jurisdiction.
(2) A measure adopted pursuant to paragraph (1) by the
Metropolitan Transportation Commission or the Association of Bay Area
Governments, or a county transportation commission or a subregional
council of governments within the jurisdiction of the Southern
California Association of Governments, shall be jointly adopted by
both entities, and revenue derived from the fee shall be divided in
accordance with an agreement between both entities.
(3) The authority's measure shall contain all of the following
findings of fact:
(A) That the programs and projects to be funded by the fee are
consistent with the sustainable communities strategies and regional
blueprint plans applicable in the jurisdiction of the authority
levying the fee.
(B) That the amount of the fee assessed and paid does not exceed
the reasonable cost of providing those programs and projects.
(C) That the fee is not for unrelated revenue purposes.
(D) That a clear nexus exists between the payer's activities and
the alleged adverse effects addressed by the fee.
(E) That the amount of the fee bears a reasonable relationship to
the social or economic burdens created by the feepayer's activities.
(4) Following the adoption of the measure by the authority and its
submission of a written request to each county and city and county
within its jurisdiction to do so, the board of supervisors of each of
those counties and cities and counties shall submit the measure
adopted by the authority to the voters at a local election
consolidated with a statewide primary or general election specified
by the authority.
(5) The authority shall reimburse each county or city and county
within its jurisdiction for the cost of submitting the measure to the
voters. These costs shall be reimbursed from revenues derived from
the fee if the measure is approved by the voters, or if the measure
is not approved, from funds available through the
Mills-Alquist-Deddeh Act (Chapter 4 (commencing with Section 99200)
of Part 11 of Division 10 of the Public Utilities Code).
(c) (1) Upon the approval of the measure by an aggregate majority
of all voters in all counties and cities and counties within the
authority's jurisdiction, the authority may implement and impose the
fee in those counties and cities and counties. Upon the request of
the authority, the Department of Motor Vehicles shall collect and
administer the fee as specified in Section 9250.17 of the Vehicle
Code. All fee revenues received by the authority from the department
pursuant to Section 9250.17 of the Vehicle Code shall be deposited in
the Regional Blueprint Plan Implementation Fund, to be created and
administered by the authority, and shall be expended only as
authorized by this section.
(2) If an aggregate majority of all voters of all counties and
cities and counties within the authority's jurisdiction does not
approve the measure, the authority may reuse the procedure set forth
in subdivision (b) to seek the requisite voter approval of the fee.
(d) The net revenues of the fee received by an authority shall be
used to identify land use strategies, reduce the use of motor
vehicles within its jurisdiction, and carry out applicable
transportation-related activities necessary to implement a regional
blueprint plan, a sustainable communities strategy, or an alternative
planning strategy, and to thereby work toward achievement of the
greenhouse gas emission reduction target specified in Section 65080.
(e) If the fee exceeds two dollars ($2), all revenue derived from
the amount of the fee exceeding two dollars ($2) shall be made
available by the authority in the form of grants to entities within
its jurisdiction as follows:
(1) Revenues generated in a city or city and county with a
population of greater than 300,000 shall be reserved for grants that
may only be made to those cities and that city and county, pursuant
to an application to the authority.
(2) Except for those revenues generated within the jurisdictions
described in paragraph (1), the revenues generated within the
boundaries of the authority shall be apportioned among the counties
in the authority in proportion to the number of vehicles registered
in each county. These revenues shall be reserved for grants that may
be made to cities, counties, or congestion management agencies
pursuant to an application of one of those entities to the authority.
(3) Grants made pursuant to this subdivision shall only be made
after a finding by the authority that the funds will be used
exclusively for planning and projects related to the implementation
of a sustainable communities strategy or a regional blueprint plan.
(f) The authority may divide revenues received pursuant to this
section jointly with the local air quality management district that
has responsibility over all or part of the same geographic area,
pursuant to an agreement with that district.
(g) All revenues received by the local air quality management
district pursuant to subdivision (f) shall be used to assist local
and regional governments in reducing greenhouse gas emissions.
Appropriate manners of assistance include, but are 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 and assistance of California Environmental Quality
Act (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.
(h) For purposes of this section, a sustainable communities
strategy and an alternative planning strategy shall both be
considered to be a regional blueprint plan.
(i) The Planning Advisory and Assistance Council Fund is hereby
established within the State Treasury. Upon appropriation by the
Legislature, the Controller shall make the moneys within the fund
available to the Planning Advisory and Assistance Council to perform
the functions specified in subdivision (b) of Section 65040.6.
SEC. 5. Section 9250.17 of the Vehicle
Code is amended to read:
9250.17. (a) The department shall, if requested by a county air
pollution control district, air quality management district, or
unified or regional air pollution control district, collect fees
established pursuant to Sections 44223 and 44225 of the Health and
Safety Code upon the registration or renewal of registration of any
motor vehicle registered in the district, except those vehicles which
are expressly exempted under this code from the payment of
registration fees.
(b) The department shall, if requested by an authority, as
described in subdivision (a) of Section 65083 of the Government Code,
collect the fee established pursuant to Section 65083 of the
Government Code upon the registration or renewal of registration of
any motor vehicle registered within the jurisdiction of the
authority, except those vehicles which are expressly exempted under
this code from the payment of registration fees.
(b)
(c) After deducting all costs incurred pursuant to this
section, the department shall distribute the revenues to the
districts appropriate district or authority
based upon the amount of fees collected from motor vehicles
registered within each district that district
or authority .
(c)
(d) The department may annually expend for its costs
not more than the following percentages of the fees collected
pursuant to subdivision (a) or (b) :
(1) Five percent during the first year after the operative date
the fee is imposed or increased.
(2) Three percent during the second year after the operative date
the fee is imposed or increased.
(3) One percent during any subsequent year.
(e) The first authority that imposes the fee established pursuant
to Section 65083 of the Government Code shall contract with the
department to pay for the initial setup and programming costs to be
deducted from the fee revenue by the department pursuant to
subdivision (c). The department shall require from each subsequent
authority that imposes the fee an additional amount reflecting each
authority's per capita share of the initial setup and programming
costs if the costs for the first-in-time authorities are
substantially higher than those for the subsequent authorities. These
additional amounts shall be paid pro rata to the authorities that
have already imposed and established the fee and contracted with the
department.
(f) (1) Notwithstanding subdivision (c), after deducting all costs
incurred pursuant to this section, and upon the establishment of a
fee pursuant to Section 65083 of the Government Code in counties of
which the aggregate population constitutes at least 50 percent of the
population of the state, as determined by the department, the
department shall deposit 1 percent of the net revenues of the fee
into the Planning Advisory and Assistance Council Fund, created
pursuant to subdivision (i) of Section 65083 of the Government Code,
to be expended in the manner provided in subdivision (i) of that
section.
(2) After making the deposit required by paragraph (1), if
applicable, the department shall distribute the remainder of the fee
revenues to the appropriate authority, as specified in subdivision
(c).
SEC. 6. Section 3.5 of this bill incorporates
amendments to Section 65040.6 of the Government Code proposed by both
this bill and AB 2754. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2011,
(2) this bill repeals and adds Section 65040.6 of the Government Code
and AB 2754 amends that section, and (3) this bill is enacted after
AB 2754, in which case Section 3 of this bill shall not become
operative.
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 the 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, the
California Environmental Protection Agency, the California Health and
Human Services Agency, the California Natural Resources Agency, and
any other state agencies that affect land use, environment, human
health, 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, in consultation and coordination
with the Strategic Growth Council, 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.
(f) If the office is abolished or otherwise eliminated, the
council shall retain its duties and reside within the Strategic
Growth Council whose chair shall assume the director's 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, 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, 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, allocating
the revenues based on the amount of fees collected from motor
vehicles registered within the jurisdiction of each 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.
(g) This section shall become inoperative on January 1, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
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 its administrative costs, the department shall
deposit 1 percent of the net revenues received from the additional
fee imposed pursuant to this section into the Planning Advisory and
Assistance Council Fund, which is hereby created in the State
Treasury, and shall make the funds available to the Planning Advisory
and Assistance Council, upon appropriation by the Legislature, 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) This section shall become inoperative on January 1, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.