California Senate Bill SB792 Amended / Bill

 BILL NUMBER: SB 792AMENDED BILL TEXT AMENDED IN SENATE APRIL 10, 2013 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  , and 66537.7  to the Government Code, relating to planning. LEGISLATIVE COUNSEL'S DIGEST SB 792, as amended, 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  regional  organization plan would include a plan for  integrating, by July 1, 2016, certain major planning documents of the individual entities into a comprehensive regional plan that also addresses other specified goals, and a plan for  consolidating certain functions that are common to the regional entities  and reducing overhead costs  .  The regional organization plan would also include a   statement relative to the expected reduction of overhead, operation, and management costs.  The bill would require the joint policy committee to  ensure public participation in the development and adoption of the plan, 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  and  community outreach  and inclusive public participation  programs and to maintain an Internet Web site.  The bill would also require the joint policy committee 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 the inclusion of economic development opportunities in the plans of the regional entities.  The bill would require the joint policy committee  , until a comprehensive regional plan is adopted,  to conduct a review of the  major planning documents and   associated  policies  ,  and plans, and  associated regulations,   regulations of each regional entity, including an assessment of the consistency of the  documents,  policies, plans, and regulations  among the regional entities  with  each other, with  the requirements of Senate Bill 375 of the 2007-08 Regular Session  , and   with the goals and policies adopted by the advisory committee on economic competitiveness  .  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.   The bill would require the joint policy committee to issue a consistency report describing the findings of each review and to hold hearings in that regard, and would require the applicable regional   entity to consider the findings. The bill would require all cost savings derived from implementation of the regional organization plan to be directed to the joint policy committee's general fund.  By imposing new duties on the joint policy committee, the bill would impose a state-mandated local program.  The bill would require the Legislative Analyst's Office to analyze voting power disparities based on population, race, and ethnicity relative to the voting power of each city and county on the governing board of each of the regional agencies, and to report to the Legislature by July 1, 2014, as specified.  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   66537.7  , 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  created pursuant to subdivision (d) of Section 66536  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.   that includes all of the following:   (1) A plan for integrating, by July 1, 2016, the major planning documents described in subdivision (c) of Section 66536.1 into a comprehensive regional plan that also addresses priority infrastructure needs, the goals and policies related to economic development opportunities adopted pursuant to subdivision (b) of Section 66537.6, and social equity goals to ensure that people of all income levels, races, and ethnicities share fairly in the benefits and burdens associated with the comprehensive regional plan and its implementation.   (b) The regional organization plan shall include a   (2)     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   also include a statement as to the expected reduction in the cost of overhead and in the cost of operation and management of the regional entities  .  (c)   (b)  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  ensure early, continuous, and inclusive public participation in the development and adoption of the regional organization plan and shall  hold at least one public hearing in each county of the region to receive public comment  on the draft plan  . A final plan shall thereafter be adopted for implementation on or before June 30, 2015.  (c) All cost savings derived from implementation of the regional organization plan shall be directed to the joint policy committee's general fund.  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  and inclusive public participation  policies to govern the  scheduling of   development and adoption of the regional organization plan as well as regular  joint policy committee  meetings,   meetings. These policies shall also govern  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   are inclusive of limited   -English   -proficient populations, and  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,   Until the joint policy committee adopts a comprehensive regional plan as described in Section 66537.1,  the joint policy committee shall review  the policies and plans, and associated regulations, of each regional entity. The   both the draft and ado   pted versions of both of the following:   (1) Major planning documents described in subdivision (c) of Section 66536.1.   (2) Policies, plans, and regulations of each regional entity associated with the major planning documents.   (b)     The  review shall include an assessment of the consistency of the  planning documents,  policies, plans, and regulations among the regional entities   with each other,  with the requirements of Senate Bill 375 of the 2007-08 Regular Session  , and with the goals and policies related to economic development opportunities adopted pursuant to subdivision (b) of Section 66537.6  . The joint policy committee shall issue a consistency report describing the findings of  this   each  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   each  consistency review shall be  used in fulfilling the joint policy committee's regional planning responsibilities   considered by the applicable regional entity in connection with any proposed amendment to a planning document, policy, plan, or regulation  .  (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  ,   and the  technology and manufacturing sectors, community colleges, public and private universities, labor, local governments,  community organizations with an interest in expanding economic opportunity for low-income populations and communities,  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  and the comprehensive regional plan  . The goals and policies shall also promote amenities that are special to the region and contribute to the region's quality of life.  Social equity goals and considerations shall be integrated throughout to ensure that low-income populations and populations of color share fairly in the benefits and burdens of the economic development goals and policies and their implementation.   SEC. 8.   Section 66537.7 is added to the   Government Code   , to read:   66537.7. On or before July 1, 2014, the Legislative Analyst's Office shall analyze and report to the Legislature on the voting power that each city and county in the region has on the governing board of each of the regional entities, including an analysis of any voting power disparities based on population, race, and ethnicity. The analysis shall utilize appropriate metrics, such as votes per million in population. The report to the Legislature shall include recommended changes to regional entity governance and voting, including any recommended legislation, that would lessen disparities, if any, to insignificant levels.   SEC. 8.   SEC. 9.  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.