BILL ANALYSIS �
AB 342
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 342 (Atkins, et al.)
As Amended January 31, 2012
Majority vote
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|ASSEMBLY: |70-0 |(May 12, 2011) |SENATE: |38-0 |(August 22, |
| | | | | |2012) |
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Original Committee Reference: L. GOV.
SUMMARY : Requires the Governor's Office of Planning and
Research (OPR) to serve as the state's liaison with the United
States Department of Defense (DoD) in order to facilitate
coordination regarding issues that are of significant interest
to the department, particularly with regard to any proposed
federal Base Realignment and Closure actions, and requires OPR
to perform specified duties in this capacity.
The Senate amendments :
1)Specify that the issues of significant interest include any
proposed federal Base Realignment and Closure actions.
2)Require OPR to develop any necessary regional or stateside
strategies necessary for the establishment and retention of
the state's military facilities and installations that are
potentially impacted by any proposed federal Base Realignment
and Closure actions.
EXISTING LAW :
1)States that OPR is the comprehensive state planning agency.
2)Requires OPR, as the comprehensive state planning agency, to
do the following:
a) Develop long-term planning goals;
b) Assist in the preparation of short-range functional
plans developed by state agencies and departments;
c) Review plans and programs to determine conflicts or
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conformance with the state's land use planning goals;
d) Coordinate development of policies and criteria to
ensure that federal grants expended by the state further
statewide environmental goals;
e) Coordinate development of environmental monitoring
systems;
f) Coordinate development of criteria and procedures for
the orderly evaluation of the impact of public and private
actions on the environmental quality of the state;
g) Coordinate technical assistance provided by state
departments and agencies to regional and local governments
to assure that plans are consistent with statewide
environmental goals;
h) 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 role of the state and other local entities;
i) Encourage the formation of and provide planning
assistance to regional planning agencies;
j) Assist local government in land use planning; and,
aa) Prepare the General Plan Guidelines for the preparation
of and content of mandatory elements of city and county
general plans.
AS PASSED BY THE ASSEMBLY , this bill:
1)Required OPR to serve as the state's liaison to DoD in order
to facilitate coordination regarding issues that are of
significant interest to the state and DoD.
2)Required OPR, in its role as liaison, to do all of the
following:
a) Coordinate with the department and other state agencies,
state departments, local governments, and other private and
public entities to ensure the sustainability of defense
activities within the state;
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b) Develop legislation that supports the relationship
between the state and the department; and,
c) Work with federal defense agencies to address regulatory
activities by state agencies that affect the sustainability
of defense operations within the state.
FISCAL EFFECT : According to the Senate Appropriations
Committee, OPR indicates that the bill would require an
additional staff person to serve as a single point of contact as
the liaison to DoD at a cost of approximately $100,000. Staff
estimates these costs could be as low as $50,000, however, if
OPR simply continued the current activities and division of
labor dedicated to military affairs.
COMMENTS : Executive order S-16-06 (Schwarzenegger, 2006)
established the Governor's Advisor for Military Affairs within
OPR. Under this Executive order, OPR coordinates state policies
that affect the military, including land use planning,
regulatory activities by state agencies, and state legislation.
OPR has worked jointly with the DoD on a number of projects
including:
1)A Joint Land Use Studies (JLUS): The overall goal of each
JLUS is to reduce potential conflicts while accommodating
growth, sustaining the economic health of the respective
region, and protecting public health and safety. Active
military installations, surrounding counties and cities, and
other affected agencies collaborated to produce the studies.
2)The California Advisory Handbook for Community and Military
Compatibility Planning: Provides guidance to local
governments, the military and developers on how to address
land use activities near military installations and
activities.
3)Development Permit Notification to the Military: OPR created
a mapping tool that local governments and developers can use
to identify whether proposed planning projects are located in
the vicinity of military bases and military airspace. This
mapping tool will help local governments and developers comply
with the statutory requirement that the military be notified
of certain development applications and general plan actions
(SB 1462 (Kuehl), Chapter 906, Statutes of 2004).
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4)Community and Military Compatibility Planning, Supplement to
the General Plan Guidelines: The purpose of this publication
is to assist cities and counties in addressing military
compatibility issues when developing, updating or
significantly amending their general plans. These guidelines
are the result of the passage of SB1468 (Knight), Chapter 971,
Statutes of 2002, and SB 1462, which outline the
responsibilities of cities and counties regarding the military
in the planning and land use decision-making process.
According to the author, OPR has been the most effective in
serving as the liaison between state government and DoD. OPR
has a proven track record as serving as the gateway to other
areas of the executive branch. The relationship is invaluable
to the DoD and the military mission in California.
This bill codifies the relationship and establishes the ability
for a long-term connection between the Military and State
Government. Making this liaison a permanent position will
result in significant efficiencies between the DoD and the
state.
Support arguments: Supporters may argue that creating this
liaison in statute provides continuity and ensures that the
military will always have a point of contact for issues relating
to state policies that affect the military.
Opposition arguments: Opposition may argue that there is no
need to statutorily solidify the relationship between OPR and
DoD, and that Governor Brown could just continue the existing
Executive order.
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958
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0003108