BILL NUMBER: SB 881AMENDED BILL TEXT AMENDED IN SENATE APRIL 25, 2011 AMENDED IN SENATE MARCH 22, 2011 INTRODUCED BY Senator Corbett FEBRUARY 18, 2011 An act to amend Section 65040.2 of, and to add Section 65040.7 to , the Government Code, relating to land use planning. LEGISLATIVE COUNSEL'S DIGEST F SB 881, as amended, Corbett. Land use planning: renewable energy projects: siting.Existing(1) Existing law, the Planning and Zoning Law, requires the Office of Planning and Research to coordinate, in conjunction with appropriate state, regional, and local agencies, the development of objectives, criteria, and procedures for the orderly evaluation and report of the impact of public and private actions on the environmental quality of the state and as a guide to the preparation of environmental impact reports required of state and local agencies, and to develop a land use policy for the state. Existing law requires the State Energy Resources Conservation and Development Commission, subject to the availability of funds, to provide technical assistance andgrant-in-aidgrants-in-aid to assist local agencies in siting specified energy production or transmission projects. This bill would require the Office of Planning and Research, by July 1, 2012, in consultation with the State Energy Resources Conservation and Development Commission, the Department of Fish and Game, the Public Utilities Commission, any applicable private organization, and any applicable local or fe deral agency, to develop and maintain an Internet Web site containing information that covers common issues when siting a renewable energy project, including specified information. (2) Existing law requires the Office of Planning and Research to develop, adopt, and revise guidelines for the mandatory elements required in city and county general plans, as specified. This bill would require the office, upon the next revision of these guidelines, to prepare or amend guidelines for a legislative body to adopt or amend an optional energy element, as specified. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: F SECTION 1. Section 65040.7 is added to the Government Code, to read: 65040.7. By July 1, 2012, the Office of Planning and Research, in consultation with thecommissionState Energy Resources Conservation and Development Commission , the Department of Fish and Game, the Public Utilities Commission, any applicable private organization, and any applicable local or federal agency , shall develop and maintain an Internet Web site containing information that covers common issues when siting a renewable energy project, including, but not limited to, information on all of the following: (a) Resources to direct a renewable energy developer to the appropriate permitting agencies. (b) A template that covers basic renewable energy siting requirements. (c) Information on specific siting challenges and benefits in each region of the state., including, but not limited to, an interactive map with layers that may include, but are not limited to, any of the following: F (1) Renewable resource quality, including, but not limited to, solar radiation levels, wind power classes, identified hydrothermal sites, and deep enhanced geothermal systems. (2) The California Protected Areas Database. (3) The California Essential Habitat Connectivity Project. (4) Areas identified by federal, state, and local agencies as requiring special resource management, including, but not limited to, areas of critical environmental concern, identified by the United States Bureau of Land Management and critical habitat designated under the federal Endangered Species Act of 1973 ( 16 U.S.C. Sec. 1531 et seq.). (5) Any Solar Energy Zone Plan identified by the United States Bureau of Land Management. (6) Information on existing transmission availability through the California Independent System Operator. (7) Any county with an optional energy element in its general plan. (8) The California Natural Diversity Database. (9) Williamson Act maps. (d) Examples of mitigation measures used by renewable energy projects as a condition of permitting and available mitigation banks . SEC. 2. Section 65 040.2 of the Government Code is amended to read: 65040.2. (a) In connection with its responsibilities under subdivision (l) of Section 65040, the office shall develop and adopt guidelines for the preparation of and the content of the mandatory elements required in city and county general plans by Article 5 (commencing with Section 65300) of Chapter 3. For purposes of this section, the guidelines prepared pursuant to Section 50459 of the Health and Safety Code shall be the guidelines for the housing element required by Section 65302. In the event that additional elements are hereafter required in city and county general plans by Article 5 (commencing with Section 65300) of Chapter 3, the office shall adopt guidelines for those elements within six months of the effective date of the legislation requiring those additional elements. (b) The office may request from each state department and agency, as it deems appropriate, and the department or agency shall provide, technical assistance in readopting, amending, or repealing the guidelines. (c) The guidelines shall be advisory to each city and county in order to provide assistance in preparing and maintaining their respective general plans. (d) The guidelines shall contain the guidelines for addressing environmental justice matters developed pursuant to Section 65040.12. F (e) The guidelines shall contain advice including recommendations for best practices to allow for collaborative land use planning of adjacent civilian and military lands and facilities. The guidelines shall encourage enhanced land use compatibility between civilian lands and any adjacent or nearby military facilities through the examination of potential impacts upon one another. (f) The guidelines shall contain advice for addressing the effects of civilian development on military readiness activities carried out Fon all of the following: (1) Military installations. (2) Military operating areas. (3) Military training areas. (4) Military training routes. (5) Military airspace. (6) Other territory adjacent to those installations and areas. (g) By March 1, 2005, the guidelines shall contain advice, developed in consultation with the Native American Heritage Commission, for consulting with California Native American tribes for Fall of the following: (1) The preservation of, or the mitigation of impacts to, places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code. (2) Procedures for identifying through the Native American Heritage Commission the appropriate California Native American tribes. (3) Procedures for continuing to protect the confidentiality of information concerning the specific identity, location, character, and use of those places, features, and objects. (4) Procedures to facilitate voluntary landowner participation to preserve and protect the specific identity, location, character, and use of those places, features, and objects. (h) Commencing January 1, 2009, but no later than January 1, 2014, upon the next revision of the guidelines pursuant to subdivision(i)(j) , the office shall prepare or amend guidelines for a legislative body to accommodate the safe and convenient travel of users of streets, roads, and highways in a manner that is suitable to the rural, suburban, or urban context of the general plan, pursuant to subdivision (b) of Section 65302. (1) In developing guidelines, the office shall consider how appropriate accommodation varies depending on its transportation and land use context, including urban, suburban, or rural environments. (2) The office may consult with leading transportation experts including, but not limited to, bicycle transportation planners, pedestrian planners, public transportation planners, local air quality management districts, and disability and senior mobility planners. (i) Upon the next revision of the guidelines pursuant to subdivision (j), the office shall prepare or amend guidelines for a legislative body to adopt or amend an optional energy element, including, but not limited to, the use of best practices for the siting of new renewable energy production and transmission facilities.(i)(j) The office shall provide for regular review and revision of the guidelines established pursuant to this section.