Amended in Assembly June 30, 2014

Amended in Assembly May 19, 2014

Amended in Senate January 27, 2014

Amended in Senate January 13, 2014

Amended in Senate May 14, 2013

Amended in Senate April 22, 2013

Amended in Senate April 10, 2013

Senate BillNo. 792


Introduced by Senator DeSaulnier

(Coauthors: Senators Hancock, Hill, and Leno)

February 22, 2013


An act to add Sections 66537.1, 66537.2, 66537.3, 66537.4, 66537.6, and 66537.7 to the Government Code, relating to planning.

LEGISLATIVE COUNSEL’S DIGEST

SB 792, as amended, DeSaulnier. Regional entities: San Francisco Bay Area.

Existing law creates the Metropolitan Transportation Commission, the Bay Area Toll Authority, the Bay Area Air Quality Management District, and the San Francisco Bay Conservation and Development Commission, with various powers and duties relative to all or a portion of the 9-county San Francisco Bay Area region with respect to transportation, air quality, and environmental planning, as specified. Another regional entity, the Association of Bay Area Governments, is created under existing law as a joint powers agency comprised of cities and counties with regional planning responsibilities. Existing law provides for a joint policy committee of certain member agencies in this 9-county area to collaborate on regional coordination. Existing law requires regional transportation planning agencies, as part of the regional transportation plan adopted in urban areas, to develop a sustainable communities strategy, coordinating transportation, land use, and air quality planning, with specified objectives.

This bill would require the member agencies of the joint policy committee to complete an analysis of common functions and identify opportunities to save costs, reduce redundancies, and further the goals of the member agencies. The bill would require the analysis to also include a statement relative to the expected reduction of overhead, operation, and management costs. The bill would also require the joint policy committee to maintain an Internet Web site containing information relevant to the committee’s activities and to appoint an advisory committee on economic competitiveness with specified members from the business community and other organizations to adopt goals and policies related to economic development, including social equity issues.

The bill would require the Metropolitan Transportation Commission to convene a public engagement advisory group to provide recommendations in the development of a draft public participation plan with respect to the regional transportation plan update, as specified.begin delete The bill would also require the commission to report biennially to the Legislature and the public on the progress in implementing the policies and programs of the sustainable communities strategy prepared as part of the regional transportation plan.end delete

By imposing new duties on the Metropolitan Transportation Commission and other regional entities, the bill would impose a state-mandated local program.

 The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P3    1

SECTION 1.  

Section 66537.1 is added to the Government
2Code
, to read:

3

66537.1.  

The member agencies of the joint policy committee
4created pursuant to subdivision (d) of Section 66536 shall complete
5an analysis of common functions and identify opportunities to save
6costs, reduce redundancies, and further the goals of the member
7agencies. The analysis shall also include a statement as to the
8expected reduction in the cost of overhead and in the cost of
9operation and management of the member agencies.

10

SEC. 2.  

Section 66537.2 is added to the Government Code, to
11read:

12

66537.2.  

(a) Prior to initiating public outreach and participation
13efforts for a regional transportation plan update, including the
14sustainable communities strategy pursuant to subparagraphs (B)
15and (C) of paragraph (2) of subdivision (b) of Section 65080, the
16Metropolitan Transportation Commission, in consultation with the
17Association of Bay Area Governments, the Bay Area Air Quality
18Management District, and the San Francisco Bay Conservation
19and Development Commission, shall issue, for public comment,
20a draft public participation plan to meet the public participation
21requirements under federal law and Section 65080.

22(b) (1) At least 30 days before issuing the draft under
23subdivision (a), the Metropolitan Transportation Commission shall
24convene a public engagement advisory group to meet as needed
25before the draft is issued for public comment and until the adoption
26of the public participation plan. The public engagement advisory
27group shall include, but shall not be limited to, persons representing
28local planning agencies, congestion management authorities or
29other local government agencies, low-income communities,
30communities of color, seniors, persons with disabilities, business,
31and environmental organizations. Meetings of the public
32engagement advisory group shall be subject to the Ralph M. Brown
33Act (Chapter 9 (commencing with Section 54950) of Part 1 of
34Division 2 of Title 5begin delete of the Government Codeend delete).

35(2) The public engagement advisory group shall be charged
36with all of the following tasks:

37(A) Reviewing the public participation process in connection
38with the development and adoption of the previous regional
P4    1transportation plan and sustainable communities strategy and
2assessing both of the following:

3(i) Strengths and weaknesses.

4(ii) The degree to which the public participation plans were
5implemented, and the degree to which specific implementation
6actions contributed to a robust, inclusive, and transparent process.

7(B) Identifying key decision points in the process by which the
8previous regional transportation plan and sustainable communities
9strategy were developed and adopted.

10(C) Providing recommendations to the Metropolitan
11Transportation Commission and the Association of Bay Area
12Governments in developing a draft public participation plan that
13seeks to do all of the following:

14(i) Provide a clear process map, timeline, and description of all
15key decision points.

16(ii) Set forth outreach activities designed to meaningfully inform
17and engage San Francisco Bay area residents, including activities
18targeting populations traditionally underrepresented in regional
19planning, such as minority and low-income populations.

20(iii) Set forth the role of advisory committees in the development
21and approval of the regional transportation plan update and
22sustainable communities strategy.

23(iv) Set forth the role of other agencies and local jurisdictions
24in the planning process, and prescribe requirements for inclusive
25public engagement and transparency.

26(v) Address any other priority concerns raised by the public
27engagement advisory group.

28

SEC. 3.  

Section 66537.3 is added to the Government Code, to
29read:

30

66537.3.  

The joint policy committee shall maintain an Internet
31Web site containing relevant information pertaining to the joint
32policy committee’s activities.

33

SEC. 4.  

Section 66537.4 is added to the Government Code, to
34read:

35

66537.4.  

The joint policy committee shall be subject to the
36Ralph M. Brown Act (Chapter 9 (commencing with Section 54950)
37of Part 1 of Division 2 of Title 5).

38

SEC. 5.  

Section 66537.6 is added to the Government Code, to
39read:

P5    1

66537.6.  

(a) The joint policy committee shall appoint an
2advisory committee on economic competitiveness with members
3from the business community, including representatives of small
4businesses and the technology and manufacturing sectors,
5community colleges, public and private universities, labor, local
6governments, community organizations with an interest in
7expanding economic opportunity for low-income populations and
8communities, and other organizations involved with the private
9economy.

10(b) The joint policy committee, in consultation with the advisory
11committee, shall adopt goals and policies related to economic
12development. The goals and policies shall also promote amenities
13that are special to the region and contribute to the region’s quality
14of life. Social equity goals and considerations shall be integrated
15throughout to ensure that low-income populations and populations
16of color share fairly in the benefits and burdens of the economic
17development goals and policies and their implementation and
18include strategies to improve the economic conditions and
19opportunities for all residents with special attention given to
20opportunities available for low-income residents and populations
21of color.

begin insert

22(c) Meetings of the advisory committee on economic
23competitiveness shall be subject to the Ralph M. Brown Act
24(Chapter 9 (commencing with Section 54950) of Part 1 of Division
252 of Title 5).

end insert
begin delete26

SEC. 6.  

Section 66537.7 is added to the Government Code, to
27read:

28

66537.7.  

The Metropolitan Transportation Commission shall
29report biennially to the Legislature and the public at large on
30progress in implementing the policies and programs of the
31sustainable communities strategy required pursuant to subparagraph
32(B) of paragraph (2) of subdivision (b) of Section 65080 and in
33preparing the subsequent sustainable communities strategy.

end delete
34

begin deleteSEC. 7.end delete
35begin insert SEC. 6.end insert  

 If the Commission on State Mandates determines
36that this act contains costs mandated by the state, reimbursement
37to local agencies and school districts for those costs shall be made
P6    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



O

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