California Senate Bill SB792 Amended / Bill

 BILL NUMBER: SB 792AMENDED BILL TEXT AMENDED IN SENATE JANUARY 13, 2014 AMENDED IN SENATE MAY 14, 2013 AMENDED IN SENATE APRIL 22, 2013 AMENDED IN SENATE APRIL 10, 2013 INTRODUCED BY Senator DeSaulnier  (   Coauthors:   Senators   Hancock   and Hill   )  FEBRUARY 22, 2013 An act to amend Section 65080 of, and 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  under existing law  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 in urban areas, to develop a sustainable communities  strategy pursuant to Senate Bill 375 of the 2007-08 Regular Session   strategy,  coordinating transportation, land use, and air quality planning, with specified objectives. This bill would require the  Metropolitan Transportation Commission to report biannually to the Legislature and the public at large on the progress in implementing the policies and programs of the sustainable communities strategy. The bill would also require the   member agencies of the  joint policy committee to prepare  a regional organization plan for the affected member agencies. The regional organization plan would include  a plan for consolidating certain functions that are common to the member agencies. The  regional organization   bill would require the  plan  would   to  also include a statement relative to the expected reduction of overhead, operation, and management costs. The bill would require a member agency affected by the plan to submit a copy of the plan to its board on or before December 31,  2014,   2015,  and would require the member agencies to report to the Senate  Transportation and Housing  Committee on  Transportation and Housing on  the adoption and implementation of the plan on or before December 31,  2015   2016  . 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   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 the inclusion of economic development opportunities in the  plans of the member agencies. By imposing new duties on the joint policy committee, the bill would impose a state-mandated local program.   sustainable committees strategy.   This   The  bill would require the San Francisco Bay Conservation and Development Commission to relocate  to a specified location  .  This  The  bill would  also  establish additional requirements for a sustainable communities strategy adopted on or after January 1,  2014,   2015,  within the jurisdiction of the Metropolitan Transportation Commission, and would impose additional duties relating to  a   that  sustainable communities strategy on the Metropolitan Transportation Commission, the  San Francisco  Bay Area Air Quality Management District, and the San Francisco Bay Conservation and Development Commission.  Among those additiona   l duties, the bill would require the Metropolitan Transportation Commission to convene a public engagement advisory group to assist in the development of a draft public participation plan, as specified. The bill would also require the commission to report biannually to the Legislature and the public   on the progress in implementing the policies and programs of the sustainable communities strategy.   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: SECTION 1. Section 65080 of the Government Code is amended to read: 65080. (a) Each transportation planning agency designated under Section 29532 or 29532.1 shall prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system, including, but not limited to, mass transportation, highway, railroad, maritime, bicycle, pedestrian, goods movement, and aviation facilities and services. The plan shall be action-oriented and pragmatic, considering both the short-term and long-term future, and shall present clear, concise policy guidance to local and state officials. The regional transportation plan shall consider factors specified in Section 134 of Title 23 of the United States Code. Each transportation planning agency shall consider and incorporate, as appropriate, the transportation plans of cities, counties, districts, private organizations, and state and federal agencies. (b) The regional transportation plan shall be an internally consistent document and shall include all of the following: (1) A policy element that describes the transportation issues in the region, identifies and quantifies regional needs, and describes the desired short-range and long-range transportation goals, and pragmatic objective and policy statements. The objective and policy statements shall be consistent with the funding estimates of the financial element. The policy element of transportation planning agencies with populations that exceed 200,000 persons may quantify a set of indicators including, but not limited to, all of the following: (A) Measures of mobility and traffic congestion, including, but not limited to, daily vehicle hours of delay per capita and vehicle miles traveled per capita. (B) Measures of road and bridge maintenance and rehabilitation needs, including, but not limited to, roadway pavement and bridge conditions. (C) Measures of means of travel, including, but not limited to, percentage share of all trips (work and nonwork) made by all of the following: (i) Single occupant vehicle. (ii) Multiple occupant vehicle or carpool. (iii) Public transit including commuter rail and intercity rail. (iv) Walking. (v) Bicycling. (D) Measures of safety and security, including, but not limited to, total injuries and fatalities assigned to each of the modes set forth in subparagraph (C). (E) Measures of equity and accessibility, including, but not limited to, percentage of the population served by frequent and reliable public transit, with a breakdown by income bracket, and percentage of all jobs accessible by frequent and reliable public transit service, with a breakdown by income bracket. (F) The requirements of this section may be met utilizing existing sources of information. No additional traffic counts, household surveys, or other sources of data shall be required. (2) A sustainable communities strategy prepared by each metropolitan planning organization as follows: (A) No later than September 30, 2010, the State Air Resources Board shall provide each affected region with greenhouse gas emission reduction targets for the automobile and light truck sector for 2020 and 2035, respectively. (i) No later than January 31, 2009, the state board shall appoint a Regional Targets Advisory Committee to recommend factors to be considered and methodologies to be used for setting greenhouse gas emission reduction targets for the affected regions. The committee shall be composed of representatives of the metropolitan planning organizations, affected air districts, the League of California Cities, the California State Association of Counties, local transportation agencies, and members of the public, including homebuilders, environmental organizations, planning organizations, environmental justice organizations, affordable housing organizations, and others. The advisory committee shall transmit a report with its recommendations to the state board no later than September 30, 2009. In recommending factors to be considered and methodologies to be used, the advisory committee may consider any relevant issues, including, but not limited to, data needs, modeling techniques, growth forecasts, the impacts of regional jobs-housing balance on interregional travel and greenhouse gas emissions, economic and demographic trends, the magnitude of greenhouse gas reduction benefits from a variety of land use and transportation strategies, and appropriate methods to describe regional targets and to monitor performance in attaining those targets. The state board shall consider the report prior to setting the targets. (ii) Prior to setting the targets for a region, the state board shall exchange technical information with the metropolitan planning organization and the affected air district. The metropolitan planning organization may recommend a target for the region. The metropolitan planning organization shall hold at least one public workshop within the region after receipt of the report from the advisory committee. The state board shall release draft targets for each region no later than June 30, 2010. (iii) In establishing these targets, the state board shall take into account greenhouse gas emission reductions that will be achieved by improved vehicle emission standards, changes in fuel composition, and other measures it has approved that will reduce greenhouse gas emissions in the affected regions, and prospective measures the state board plans to adopt to reduce greenhouse gas emissions from other greenhouse gas emission sources as that term is defined in subdivision (i) of Section 38505 of the Health and Safety Code and consistent with the regulations promulgated pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). (iv) The state board shall update the regional greenhouse gas emission reduction targets every eight years consistent with each metropolitan planning organization's timeframe for updating its regional transportation plan under federal law until 2050. The state board may revise the targets every four years based on changes in the factors considered under clause (iii). The state board shall exchange technical information with the Department of Transportation, metropolitan planning organizations, local governments, and affected air districts and engage in a consultative process with public and private stakeholders prior to updating these targets. (v) The greenhouse gas emission reduction targets may be expressed in gross tons, tons per capita, tons per household, or in any other metric deemed appropriate by the state board. (B) Each metropolitan planning organization shall prepare a sustainable communities strategy, subject to the requirements of Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal Regulations, including the requirement to utilize the most recent planning assumptions considering local general plans and other factors. The sustainable communities strategy shall (i) identify the general location of uses, residential densities, and building intensities within the region, (ii) identify areas within the region sufficient to house all the population of the region, including all economic segments of the population, over the course of the planning period of the regional transportation plan taking into account net migration into the region, population growth, household formation and employment growth, (iii) identify areas within the region sufficient to house an eight-year projection of the regional housing need for the region pursuant to Section 65584, (iv) identify a transportation network to service the transportation needs of the region, (v) gather and consider the best practically available scientific information regarding resource areas and farmland in the region as defined in subdivisions (a) and (b) of Section 65080.01, (vi) consider the state housing goals specified in Sections 65580 and 65581, (vii) set forth a forecasted development pattern for the region, which, when integrated with the transportation network, and other transportation measures and policies, will reduce the greenhouse gas emissions from automobiles and light trucks to achieve, if there is a feasible way to do so, the greenhouse gas emission reduction targets approved by the state board, and (viii) allow the regional transportation plan to comply with Section 176 of the federal Clean Air Act (42 U.S.C. Sec. 7506). (C) (i) Within the jurisdiction of the Metropolitan Transportation Commission, as defined by Section 66502, a sustainable communities strategy adopted on or after January 1,  2014,   2015,  shall also include consideration of local and regional air quality, sea level rise, priority infrastructure needs, and the goals and policies related to economic development opportunities and social equity goals pursuant to subdivision (b) of Section 66537.6. The Association of Bay Area Governments shall be responsible for clauses (i), (ii), (iii), (v), and (vi) of subparagraph (B). The Metropolitan Transportation Commission shall be responsible for clauses (iv) and (viii) of subparagraph (B), priority infrastructure needs, and the goals and policies related to economic development opportunities and social equity goals pursuant to subdivision (b) of Section 66537.6. The Bay Area Air Quality Management District shall be responsible for criteria pollutants and toxic air contaminants. The San Francisco Bay Conservation and Development Commission shall be responsible for sea level rise. The Association of Bay Area Governments, the Bay Area Air Quality Management District, the San Francisco Bay Conservation and Development Commission, and the Metropolitan Transportation Commission shall jointly be responsible for clause (vii) of subparagraph (B) and the adoption of the strategy as a whole. (ii) Within the jurisdiction of the Tahoe Regional Planning Agency, as defined in Sections 66800 and 66801, the Tahoe Metropolitan Planning Organization shall use the Regional Plan for the Lake Tahoe Region as the sustainable community strategy, provided that it complies with clauses (vii) and (viii) of subparagraph (B). (D) In the region served by the multicounty transportation planning agency described in Section 130004 of the Public Utilities Code, a subregional council of governments and the county transportation commission may work together to propose the sustainable communities strategy and an alternative planning strategy, if one is prepared pursuant to subparagraph (I), for that subregional area. The metropolitan planning organization may adopt a framework for a subregional sustainable communities strategy or a subregional alternative planning strategy to address the intraregional land use, transportation, economic, air quality, and climate policy relationships. The metropolitan planning organization shall include the subregional sustainable communities strategy for that subregion in the regional sustainable communities strategy to the extent consistent with this section and federal law and approve the subregional alternative planning strategy, if one is prepared pursuant to subparagraph (I), for that subregional area to the extent consistent with this section. The metropolitan planning organization shall develop overall guidelines, create public participation plans pursuant to subparagraph (F), ensure coordination, resolve conflicts, make sure that the overall plan complies with applicable legal requirements, and adopt the plan for the region. (E) The metropolitan planning organization shall conduct at least two informational meetings in each county within the region for members of the board of supervisors and city councils on the sustainable communities strategy and alternative planning strategy, if any. The metropolitan planning organization may conduct only one informational meeting if it is attended by representatives of the county board of supervisors and city council members representing a majority of the cities representing a majority of the population in the incorporated areas of that county. Notice of the meeting or meetings shall be sent to the clerk of the board of supervisors and to each city clerk. The purpose of the meeting or meetings shall be to discuss the sustainable communities strategy and the alternative planning strategy, if any, including the key land use and planning assumptions to the members of the board of supervisors and the city council members in that county and to solicit and consider their input and recommendations. (F) Each metropolitan planning organization shall adopt a public participation plan, for development of the sustainable communities strategy and an alternative planning strategy, if any, that includes all of the following: (i) Outreach efforts to encourage the active participation of a broad range of stakeholder groups in the planning process, consistent with the agency's adopted Federal Public Participation Plan, including, but not limited to, affordable housing advocates, transportation advocates, neighborhood and community groups, environmental advocates, home builder representatives, broad-based business organizations, landowners, commercial property interests, and homeowner associations. (ii) Consultation with congestion management agencies, transportation agencies, and transportation commissions. (iii) Workshops throughout the region to provide the public with the information and tools necessary to provide a clear understanding of the issues and policy choices. At least one workshop shall be held in each county in the region. For counties with a population greater than 500,000, at least three workshops shall be held. Each workshop, to the extent practicable, shall include urban simulation computer modeling to create visual representations of the sustainable communities strategy and the alternative planning strategy. (iv) Preparation and circulation of a draft sustainable communities strategy and an alternative planning strategy, if one is prepared, not less than 55 days before adoption of a final regional transportation plan. (v) At least three public hearings on the draft sustainable communities strategy in the regional transportation plan and alternative planning strategy, if one is prepared. If the metropolitan transportation organization consists of a single county, at least two public hearings shall be held. To the maximum extent feasible, the hearings shall be in different parts of the region to maximize the opportunity for participation by members of the public throughout the region. (vi) A process for enabling members of the public to provide a single request to receive notices, information, and updates. (G) In preparing a sustainable communities strategy, the metropolitan planning organization shall consider spheres of influence that have been adopted by the local agency formation commissions within its region. (H) Prior to adopting a sustainable communities strategy, the metropolitan planning organization shall quantify the reduction in greenhouse gas emissions projected to be achieved by the sustainable communities strategy and set forth the difference, if any, between the amount of that reduction and the target for the region established by the state board. (I) If the sustainable communities strategy, prepared in compliance with subparagraph (B) or (D), is unable to reduce greenhouse gas emissions to achieve the greenhouse gas emission reduction targets established by the state board, the metropolitan planning organization shall prepare an alternative planning strategy to the sustainable communities strategy showing how those greenhouse gas emission targets would be achieved through alternative development patterns, infrastructure, or additional transportation measures or policies. The alternative planning strategy shall be a separate document from the regional transportation plan, but it may be adopted concurrently with the regional transportation plan. In preparing the alternative planning strategy, the metropolitan planning organization: (i) Shall identify the principal impediments to achieving the targets within the sustainable communities strategy. (ii) May include an alternative development pattern for the region pursuant to subparagraphs (B) to (G), inclusive. (iii) Shall describe how the greenhouse gas emission reduction targets would be achieved by the alternative planning strategy, and why the development pattern, measures, and policies in the alternative planning strategy are the most practicable choices for achievement of the greenhouse gas emission reduction targets. (iv) An alternative development pattern set forth in the alternative planning strategy shall comply with Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal Regulations, except to the extent that compliance will prevent achievement of the greenhouse gas emission reduction targets approved by the state board. (v) For purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), an alternative planning strategy shall not constitute a land use plan, policy, or regulation, and the inconsistency of a project with an alternative planning strategy shall not be a consideration in determining whether a project may have an environmental effect. (J) (i) Prior to starting the public participation process adopted pursuant to subparagraph (F), the metropolitan planning organization shall submit a description to the state board of the technical methodology it intends to use to estimate the greenhouse gas emissions from its sustainable communities strategy and, if appropriate, its alternative planning strategy. The state board shall respond to the metropolitan planning organization in a timely manner with written comments about the technical methodology, including specifically describing any aspects of that methodology it concludes will not yield accurate estimates of greenhouse gas emissions, and suggested remedies. The metropolitan planning organization is encouraged to work with the state board until the state board concludes that the technical methodology operates accurately. (ii) After adoption, a metropolitan planning organization shall submit a sustainable communities strategy or an alternative planning strategy, if one has been adopted, to the state board for review, including the quantification of the greenhouse gas emission reductions the strategy would achieve and a description of the technical methodology used to obtain that result. Review by the state board shall be limited to acceptance or rejection of the metropolitan planning organization's determination that the strategy submitted would, if implemented, achieve the greenhouse gas emission reduction targets established by the state board. The state board shall complete its review within 60 days. (iii) If the state board determines that the strategy submitted would not, if implemented, achieve the greenhouse gas emission reduction targets, the metropolitan planning organization shall revise its strategy or adopt an alternative planning strategy, if not previously adopted, and submit the strategy for review pursuant to clause (ii). At a minimum, the metropolitan planning organization must obtain state board acceptance that an alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets established for that region by the state board. (K) Neither a sustainable communities strategy nor an alternative planning strategy regulates the use of land, nor, except as provided by subparagraph (J), shall either one be subject to any state approval. Nothing in a sustainable communities strategy shall be interpreted as superseding the exercise of the land use authority of cities and counties within the region. Nothing in this section shall be interpreted to limit the state board's authority under any other provision of law. Nothing in this section shall be interpreted to authorize the abrogation of any vested right whether created by statute or by common law. Nothing in this section shall require a city's or county's land use policies and regulations, including its general plan, to be consistent with the regional transportation plan or an alternative planning strategy. Nothing in this section requires a metropolitan planning organization to approve a sustainable communities strategy that would be inconsistent with Part 450 of Title 23 of, or Part 93 of Title 40 of, the Code of Federal Regulations and any administrative guidance under those regulations. Nothing in this section relieves a public or private entity or any person from compliance with any other local, state, or federal law. (L) Nothing in this section requires projects programmed for funding on or before December 31, 2011, to be subject to the provisions of this paragraph if they (i) are contained in the 2007 or 2009 Federal Statewide Transportation Improvement Program, (ii) are funded pursuant to Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2, or (iii) were specifically listed in a ballot measure prior to December 31, 2008, approving a sales tax increase for transportation projects. Nothing in this section shall require a transportation sales tax authority to change the funding allocations approved by the voters for categories of transportation projects in a sales tax measure adopted prior to December 31, 2010. For purposes of this subparagraph, a transportation sales tax authority is a district, as defined in Section 7252 of the Revenue and Taxation Code, that is authorized to impose a sales tax for transportation purposes. (M) A metropolitan planning organization, or a regional transportation planning agency not within a metropolitan planning organization, that is required to adopt a regional transportation plan not less than every five years, may elect to adopt the plan not less than every four years. This election shall be made by the board of directors of the metropolitan planning organization or regional transportation planning agency no later than June 1, 2009, or thereafter 54 months prior to the statutory deadline for the adoption of housing elements for the local jurisdictions within the region, after a public hearing at which comments are accepted from members of the public and representatives of cities and counties within the region covered by the metropolitan planning organization or regional transportation planning agency. Notice of the public hearing shall be given to the general public and by mail to cities and counties within the region no later than 30 days prior to the date of the public hearing. Notice of election shall be promptly given to the Department of Housing and Community Development. The metropolitan planning organization or the regional transportation planning agency shall complete its next regional transportation plan within three years of the notice of election. (N) Two or more of the metropolitan planning organizations for Fresno County, Kern County, Kings County, Madera County, Merced County, San Joaquin County, Stanislaus County, and Tulare County may work together to develop and adopt multiregional goals and policies that may address interregional land use, transportation, economic, air quality, and climate relationships. The participating metropolitan planning organizations may also develop a multiregional sustainable communities strategy, to the extent consistent with federal law, or an alternative planning strategy for adoption by the metropolitan planning organizations. Each participating metropolitan planning organization shall consider any adopted multiregional goals and policies in the development of a sustainable communities strategy and, if applicable, an alternative planning strategy for its region. (3) An action element that describes the programs and actions necessary to implement the plan and assigns implementation responsibilities. The action element may describe all transportation projects proposed for development during the 20-year or greater life of the plan. The action element shall consider congestion management programming activities carried out within the region. (4) (A) A financial element that summarizes the cost of plan implementation constrained by a realistic projection of available revenues. The financial element shall also contain recommendations for allocation of funds. A county transportation commission created pursuant to Section 130000 of the Public Utilities Code shall be responsible for recommending projects to be funded with regional improvement funds, if the project is consistent with the regional transportation plan. The first five years of the financial element shall be based on the five-year estimate of funds developed pursuant to Section 14524. The financial element may recommend the development of specified new sources of revenue, consistent with the policy element and action element. (B) The financial element of transportation planning agencies with populations that exceed 200,000 persons may include a project cost breakdown for all projects proposed for development during the 20-year life of the plan that includes total expenditures and related percentages of total expenditures for all of the following: (i) State highway expansion. (ii) State highway rehabilitation, maintenance, and operations. (iii) Local road and street expansion. (iv) Local road and street rehabilitation, maintenance, and operation. (v) Mass transit, commuter rail, and intercity rail expansion. (vi) Mass transit, commuter rail, and intercity rail rehabilitation, maintenance, and operations. (vii) Pedestrian and bicycle facilities. (viii) Environmental enhancements and mitigation. (ix) Research and planning. (x) Other categories. (C) The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall consider financial incentives for cities and counties that have resource areas or farmland, as defined in Section 65080.01, for the purposes of, for example, transportation investments for the preservation and safety of the city street or county road system and farm-to-market and interconnectivity transportation needs. The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall also consider financial assistance for counties to address countywide service responsibilities in counties that contribute toward the greenhouse gas emission reduction targets by implementing policies for growth to occur within their cities. (c) Each transportation planning agency may also include other factors of local significance as an element of the regional transportation plan, including, but not limited to, issues of mobility for specific sectors of the community, including, but not limited to, senior citizens. (d) Except as otherwise provided in this subdivision, each transportation planning agency shall adopt and submit, every four years, an updated regional transportation plan to the California Transportation Commission and the Department of Transportation. A transportation planning agency located in a federally designated air quality attainment area or that does not contain an urbanized area may at its option adopt and submit a regional transportation plan every five years. When applicable, the plan shall be consistent with federal planning and programming requirements and shall conform to the regional transportation plan guidelines adopted by the California Transportation Commission. Prior to adoption of the regional transportation plan, a public hearing shall be held after the giving of notice of the hearing by publication in the affected county or counties pursuant to Section 6061. SEC. 2. Section 66537.1 is added to the Government Code, to read: 66537.1. (a) The member agencies of the joint policy committee created pursuant to subdivision (d) of Section 66536 shall prepare a plan for consolidating the functions that are common to the member agencies, 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, as deemed appropriate and feasible, that will further the goals of the member agencies and reduce redundancy. The plan shall also include a statement as to the expected reduction in the cost of overhead and in the cost of operation and management of the member agencies. (b) On or before December 31,  2014,   2015,  a member agency affected by the plan shall submit a copy of the plan to its board. (c) On or before December 31,  2015,   2016,  the member agencies shall report to the Senate  Transportation and Housing  Committee on  Transportation and Housing on  the adoption and implementation of the plan.  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 development and adoption of the regional organization plan as well as regular joint policy committee meetings. These policies shall also govern the meetings of member agencies, 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 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 member agencies 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. 3.   Section 66537.2 is added to the   Government Code   , to read:   66537.2. (a) Prior to initiating public outreach and participation efforts for a regional transportation plan update, including the sustainable communities strategy pursuant to subparagraphs (B) and (C) of paragraph (2) of subdivision (b) of Section 65080, the Metropolitan Transportation Commission, in consultation with the Association of Bay Area Governments, the Bay Area Air Quality Management District, and the San Francisco Bay Conservation and Development Commission, shall issue, for public comment, a draft public participation plan to meet the public participation requirements under federal law and Section 65080. (b) (1) At least 180 days before issuing the draft under subdivision (a), the Metropolitan Transportation Commission shall convene a public engagement advisory group to meet at least six times before the draft is issued for public comment. Meetings of the public engagement advisory group shall be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (2) The Metropolitan Transportation Commission shall accept nominations for membership on the public engagement advisory group from community-based organizations representing populations that are traditionally under represented in decision making, including minority and low-income populations. Not less than 60 percent of the members of the public engagement advisory group shall be affiliated with those community-based groups. (3) The public engagement advisory group shall be charged with all of the following tasks: (A) Reviewing the public participation process in connection with the development and adoption of the previous regional transportation plan and sustainable communities strategy and assessing both of the following: (i) Strengths and weaknesses. (ii) The degree to which the public participation plans were implemented, and the degree to which specific implementation actions contributed to a robust, inclusive, and transparent process. (B) Identifying key decision points in the process by which the previous regional transportation plan and sustainable communities strategy was developed and adopted, including all of the following: (i) Decision points relating to public outreach. (ii) Participation and process needs assessment and prioritization. (iii) Goals and objectives. (iv) Targets and performance measures. (v) Equity metrics and equity analysis. (vi) Scenario development and evaluation. (vii) Selection of a preferred alternative. (viii) Regional housing needs assessment methodology and allocation. (ix) Scoping of the environmental impact report. (x) Response to comments. (xi) Investment and planning tradeoffs. (xii) Relevant decision points of other public agencies, such as county congestion management agencies, transit operators, the Bay Area Partnership Board, cities, and counties. (C) Assisting staff in developing a draft public participation plan that does all of the following: (i) Provides a clear process map, timeline, and description of all key decision points, including those described in subparagraph (B). (ii) Sets forth outreach activities designed to meaningfully inform and engage Bay Area residents, including activities targeting populations traditionally under represented in regional planning, such as minority and low-income populations. (iii) Sets forth the role of advisory committees in the development and approval of the regional transportation plan update and sustainable community strategy. (iv) Sets forth the role of other agencies and local jurisdictions in the planning process, and prescribes requirements for inclusive public engagement and transparency, to which the Metropolitan Transportation Commission will hold those agencies and jurisdictions accountable. (v) Addresses any other priority concerns raised by the public engagement advisory group.  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 66537.6 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 sustainable communities strategy. 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 and include  strategics   strategies  to improve the economic conditions and opportunities for all residents with special attention given to opportunities available for low-income residents and populations of color. SEC. 7. Section 66537.7 is added to the Government Code, to read: 66537.7. The Metropolitan Transportation Commission shall report biannually to the Legislature and the public at large on progress in implementing the policies and programs of the sustainable communities strategy required pursuant to subparagraph (B) of paragraph (2) of subdivision (b) of Section 65080 and in preparing the subsequent sustainable communities strategy. SEC. 8. The San Francisco Bay Conservation and Development Commission shall relocate to 390 Main Street in San Francisco, California. 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.