BILL NUMBER: SB 792INTRODUCED BILL TEXT INTRODUCED BY Senator DeSaulnier FEBRUARY 22, 2013 An act to add Sections 66537, 66537.1, 66537.2, 66537.3, 66537.4, 66537.5, and 66537.6 to the Government Code, relating to planning. LEGISLATIVE COUNSEL'S DIGEST SB 792, as introduced, DeSaulnier. Regional entities: 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 as a joint powers agency comprised of cities and counties under existing law with regional planning responsibilities. Existing law provides for a joint policy committee of certain regional entities in this 9-county area to collaborate on regional coordination. Existing law requires regional transportation planning agencies, as part of the regional transportation plan in urban areas, to develop a sustainable communities strategy pursuant to Senate Bill 375 of the 2007-08 Regular Session coordinating transportation, land use, and air quality planning, with specified objectives. This bill would require the joint policy committee to prepare a regional organization plan for the affected regional entities. The organization plan would include a plan for consolidating certain functions that are common to the regional entities and reducing overhead costs. The bill would require the joint policy committee to hold at least one public hearing in each county of the region and to adopt a final plan by June 30, 2015. The bill would also require the joint policy committee to develop and adopt public community outreach programs and to maintain an Internet Web site. The bill would require the joint policy committee to conduct a review of the policies and plans, and associated regulations, of each regional entity, including an assessment of the consistency of the policies, plans, and regulations among the regional entities with the requirements of Senate Bill 375 of the 2007-08 Regular Session. The bill would provide that the joint policy committee shall be responsible for ensuring that the sustainable communities strategy for the region integrates transportation, land use, and air quality management consistent with that legislation. The bill would also require the joint policy committee to appoint an advisory committee on economic competitiveness with specified members from the business community to adopt goals and policies related to the inclusion of economic development opportunities in the plans of the regional entities. By imposing new duties on the joint policy committee, 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: SECTION 1. Section 66537 is added to the Government Code, to read: 66537. For purposes of Sections 66537.1 to 66537.5, inclusive, the following definitions shall apply: (a) "Region" means the area encompassed by the Counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma. (b) "Regional entities" means the Metropolitan Transportation Commission, including any joint exercise of powers agencies that include the commission as a member agency; the Bay Area Toll Authority; the Bay Area Air Quality Management District; the San Francisco Bay Conservation and Development Commission; and the Association of Bay Area Governments. SEC. 2. Section 66537.1 is added to the Government Code, to read: 66537.1. (a) The joint policy committee shall prepare a regional organization plan. The joint policy committee shall adopt goals and policies to govern the preparation of the plan. Among the goals shall be a statement as to the expected reduction in the cost of overhead and in the operation and management of the regional entities. All cost saving shall be directed to the joint policy committee's general fund. In addition, goals shall be adopted for integrating the regional planning requirements for the regional plans of each regional entity into a comprehensive regional plan. (b) The regional organization plan shall include a plan for consolidating the functions that are common to the regional entities, including, but not limited to, personnel and human resources, budget and financial services, electronic data and communications systems, legal services, contracting and procurement of goods and services, public information and outreach services, intergovernmental relations, transportation, land use, economic, and related forecasting models, and other related activities. Consideration shall be given to ensuring that there are common personnel classifications where appropriate among the regional entities, and the consolidation of other functions or activities, as deemed feasible, that will further the mission of the joint policy committee and will reduce redundancy. The plan shall be updated as determined by the joint policy committee. (c) On or before December 31, 2014, the staff shall submit to the joint policy committee a draft regional organization plan. The joint policy committee shall hold at least one public hearing in each county of the region to receive public comment. A final plan shall thereafter be adopted for implementation on or before June 30, 2015. SEC. 3. Section 66537.2 is added to the Government Code, to read: 66537.2. The joint policy committee shall develop and adopt public and community outreach policies to govern the scheduling of joint policy committee meetings, the meetings of regional entities, the meetings of standing committees, and meetings of ad hoc or other temporary committees. In developing the policies, the joint policy committee shall ensure that outreach programs will utilize all available communication technologies, including webcasting and social media, print, radio, and television. The joint policy committee shall also establish policies for the holding workshops of the joint policy committee and the regional entities in the cities and counties of the region. The joint policy committee shall provide an opportunity for the public to comment on the draft and the final recommended policies. The policies shall be adopted on or before October 31, 2014. SEC. 4. Section 66537.3 is added to the Government Code, to read: 66537.3. The joint policy committee shall maintain an Internet Web site containing relevant information pertaining to the joint policy committee's activities. SEC. 5. Section 66537.4 is added to the Government Code, to read: 66537.4. The joint policy committee shall be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5). SEC. 6. Section 66537.5 is added to the Government Code, to read: 66537.5. (a) Beginning on January 1, 2014, the joint policy committee shall review the policies and plans, and associated regulations, of each regional entity. The review shall include an assessment of the consistency of the policies, plans, and regulations among the regional entities with the requirements of Senate Bill 375 of the 2007-08 Regular Session. The joint policy committee shall issue a consistency report describing the findings of this review. The joint policy committee shall hold public and community hearings in accordance with its public outreach policies regarding the draft consistency findings. The findings of the consistency review shall be used in fulfilling the joint policy committee's regional planning responsibilities. (b) The joint policy committee shall be responsible for ensuring that the sustainable communities strategy for the region integrates transportation, land use, and air quality management consistent with the requirements of Senate Bill 375 of the 2007-08 Regular Session. SEC. 7. Section 66537.6 is added to the Government Code, to read: 66537.6. (a) The joint policy committee shall appoint an advisory committee on economic competitiveness with members from the business community, including representatives of small businesses, technology and manufacturing sectors, community colleges, public and private universities, labor, local governments, and other organizations involved with the private economy. (b) The joint policy committee, in consultation with the advisory committee, shall adopt goals and policies related to the inclusion of economic development opportunities in the plans of the regional entities. The goals and policies shall also promote amenities that are special to the region and contribute to the region's quality of life. SEC. 8. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.