California 2019 2019-2020 Regular Session

California Assembly Bill AB1580 Amended / Bill

Filed 03/28/2019

                    Amended IN  Assembly  March 28, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1580Introduced by Assembly Member LevineFebruary 22, 2019 An act to amend Section 65000 of the Government Code, relating to land use. add Chapter 13 (commencing with Section 4570) to Division 5 of Title 1 of the Government Code, relating to public construction projects.LEGISLATIVE COUNSEL'S DIGESTAB 1580, as amended, Levine. Land use: planning and zoning. Major infrastructure construction projects: oversight committees.Existing law requires the Department of Transportation and the Bay Area Toll Authority to form the Toll Bridge Program Oversight Committee, as provided, to review and provide program direction for seismic retrofit and replacement projects on toll bridges within the geographic jurisdiction of the committee. This bill would similarly require a public agency undertaking a publicly funded major transportation infrastructure construction project that is estimated to cost $1,000,000,000 or more to form an oversight committee, as provided, and to develop and use risk management plans throughout the course of the project. The bill would require the oversight committee to act as the authority for critical decisions regarding the project and to have sufficient staff to support decision making. By imposing new requirements on local agencies, 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 the statutory provisions noted above.Existing law, the Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning, and provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities.This bill would make nonsubstantive changes to the title of the Planning and Zoning Law.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 13 (commencing with Section 4570) is added to Division 5 of Title 1 of the Government Code, to read: CHAPTER 13. Major Infrastructure Construction Projects Oversight Committees4570. (a) A public agency undertaking a publicly funded major infrastructure construction project that is estimated to cost one billion dollars ($1,000,000,000) or more shall form an oversight committee 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) or the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), as applicable, and shall develop and use risk management plans throughout the course of the project.(b) The oversight committee shall be composed of at least all of the following members selected by the public agency undertaking the project:(1) At least three members from three different agencies involved in the project. If there are fewer than three other agencies involved in the project, the number of members required by this paragraph shall be reduced accordingly.(2) At least five members to support the ability of its members to conduct day-to-day business.(c) The oversight committee shall act as the authority for critical decisions regarding the project and shall have sufficient staff to support decision making. SEC. 2. 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.SECTION 1.Section 65000 of the Government Code is amended to read:65000.This title shall be known, and may be cited, as the Planning and Zoning Law.

 Amended IN  Assembly  March 28, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1580Introduced by Assembly Member LevineFebruary 22, 2019 An act to amend Section 65000 of the Government Code, relating to land use. add Chapter 13 (commencing with Section 4570) to Division 5 of Title 1 of the Government Code, relating to public construction projects.LEGISLATIVE COUNSEL'S DIGESTAB 1580, as amended, Levine. Land use: planning and zoning. Major infrastructure construction projects: oversight committees.Existing law requires the Department of Transportation and the Bay Area Toll Authority to form the Toll Bridge Program Oversight Committee, as provided, to review and provide program direction for seismic retrofit and replacement projects on toll bridges within the geographic jurisdiction of the committee. This bill would similarly require a public agency undertaking a publicly funded major transportation infrastructure construction project that is estimated to cost $1,000,000,000 or more to form an oversight committee, as provided, and to develop and use risk management plans throughout the course of the project. The bill would require the oversight committee to act as the authority for critical decisions regarding the project and to have sufficient staff to support decision making. By imposing new requirements on local agencies, 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 the statutory provisions noted above.Existing law, the Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning, and provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities.This bill would make nonsubstantive changes to the title of the Planning and Zoning Law.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NOYES  Local Program: NOYES 

 Amended IN  Assembly  March 28, 2019

Amended IN  Assembly  March 28, 2019

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 1580

Introduced by Assembly Member LevineFebruary 22, 2019

Introduced by Assembly Member Levine
February 22, 2019

 An act to amend Section 65000 of the Government Code, relating to land use. add Chapter 13 (commencing with Section 4570) to Division 5 of Title 1 of the Government Code, relating to public construction projects.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1580, as amended, Levine. Land use: planning and zoning. Major infrastructure construction projects: oversight committees.

Existing law requires the Department of Transportation and the Bay Area Toll Authority to form the Toll Bridge Program Oversight Committee, as provided, to review and provide program direction for seismic retrofit and replacement projects on toll bridges within the geographic jurisdiction of the committee. This bill would similarly require a public agency undertaking a publicly funded major transportation infrastructure construction project that is estimated to cost $1,000,000,000 or more to form an oversight committee, as provided, and to develop and use risk management plans throughout the course of the project. The bill would require the oversight committee to act as the authority for critical decisions regarding the project and to have sufficient staff to support decision making. By imposing new requirements on local agencies, 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 the statutory provisions noted above.Existing law, the Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning, and provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities.This bill would make nonsubstantive changes to the title of the Planning and Zoning Law.

Existing law requires the Department of Transportation and the Bay Area Toll Authority to form the Toll Bridge Program Oversight Committee, as provided, to review and provide program direction for seismic retrofit and replacement projects on toll bridges within the geographic jurisdiction of the committee. 

This bill would similarly require a public agency undertaking a publicly funded major transportation infrastructure construction project that is estimated to cost $1,000,000,000 or more to form an oversight committee, as provided, and to develop and use risk management plans throughout the course of the project. The bill would require the oversight committee to act as the authority for critical decisions regarding the project and to have sufficient staff to support decision making. 

By imposing new requirements on local agencies, 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 the statutory provisions noted above.

Existing law, the Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning, and provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities.



This bill would make nonsubstantive changes to the title of the Planning and Zoning Law.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Chapter 13 (commencing with Section 4570) is added to Division 5 of Title 1 of the Government Code, to read: CHAPTER 13. Major Infrastructure Construction Projects Oversight Committees4570. (a) A public agency undertaking a publicly funded major infrastructure construction project that is estimated to cost one billion dollars ($1,000,000,000) or more shall form an oversight committee 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) or the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), as applicable, and shall develop and use risk management plans throughout the course of the project.(b) The oversight committee shall be composed of at least all of the following members selected by the public agency undertaking the project:(1) At least three members from three different agencies involved in the project. If there are fewer than three other agencies involved in the project, the number of members required by this paragraph shall be reduced accordingly.(2) At least five members to support the ability of its members to conduct day-to-day business.(c) The oversight committee shall act as the authority for critical decisions regarding the project and shall have sufficient staff to support decision making. SEC. 2. 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.SECTION 1.Section 65000 of the Government Code is amended to read:65000.This title shall be known, and may be cited, as the Planning and Zoning Law.

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

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

SECTION 1. Chapter 13 (commencing with Section 4570) is added to Division 5 of Title 1 of the Government Code, to read: CHAPTER 13. Major Infrastructure Construction Projects Oversight Committees4570. (a) A public agency undertaking a publicly funded major infrastructure construction project that is estimated to cost one billion dollars ($1,000,000,000) or more shall form an oversight committee 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) or the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), as applicable, and shall develop and use risk management plans throughout the course of the project.(b) The oversight committee shall be composed of at least all of the following members selected by the public agency undertaking the project:(1) At least three members from three different agencies involved in the project. If there are fewer than three other agencies involved in the project, the number of members required by this paragraph shall be reduced accordingly.(2) At least five members to support the ability of its members to conduct day-to-day business.(c) The oversight committee shall act as the authority for critical decisions regarding the project and shall have sufficient staff to support decision making. 

SECTION 1. Chapter 13 (commencing with Section 4570) is added to Division 5 of Title 1 of the Government Code, to read:

### SECTION 1.

 CHAPTER 13. Major Infrastructure Construction Projects Oversight Committees4570. (a) A public agency undertaking a publicly funded major infrastructure construction project that is estimated to cost one billion dollars ($1,000,000,000) or more shall form an oversight committee 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) or the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), as applicable, and shall develop and use risk management plans throughout the course of the project.(b) The oversight committee shall be composed of at least all of the following members selected by the public agency undertaking the project:(1) At least three members from three different agencies involved in the project. If there are fewer than three other agencies involved in the project, the number of members required by this paragraph shall be reduced accordingly.(2) At least five members to support the ability of its members to conduct day-to-day business.(c) The oversight committee shall act as the authority for critical decisions regarding the project and shall have sufficient staff to support decision making. 

 CHAPTER 13. Major Infrastructure Construction Projects Oversight Committees4570. (a) A public agency undertaking a publicly funded major infrastructure construction project that is estimated to cost one billion dollars ($1,000,000,000) or more shall form an oversight committee 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) or the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), as applicable, and shall develop and use risk management plans throughout the course of the project.(b) The oversight committee shall be composed of at least all of the following members selected by the public agency undertaking the project:(1) At least three members from three different agencies involved in the project. If there are fewer than three other agencies involved in the project, the number of members required by this paragraph shall be reduced accordingly.(2) At least five members to support the ability of its members to conduct day-to-day business.(c) The oversight committee shall act as the authority for critical decisions regarding the project and shall have sufficient staff to support decision making. 

 CHAPTER 13. Major Infrastructure Construction Projects Oversight Committees

 CHAPTER 13. Major Infrastructure Construction Projects Oversight Committees

4570. (a) A public agency undertaking a publicly funded major infrastructure construction project that is estimated to cost one billion dollars ($1,000,000,000) or more shall form an oversight committee 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) or the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), as applicable, and shall develop and use risk management plans throughout the course of the project.(b) The oversight committee shall be composed of at least all of the following members selected by the public agency undertaking the project:(1) At least three members from three different agencies involved in the project. If there are fewer than three other agencies involved in the project, the number of members required by this paragraph shall be reduced accordingly.(2) At least five members to support the ability of its members to conduct day-to-day business.(c) The oversight committee shall act as the authority for critical decisions regarding the project and shall have sufficient staff to support decision making. 



4570. (a) A public agency undertaking a publicly funded major infrastructure construction project that is estimated to cost one billion dollars ($1,000,000,000) or more shall form an oversight committee 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) or the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), as applicable, and shall develop and use risk management plans throughout the course of the project.

(b) The oversight committee shall be composed of at least all of the following members selected by the public agency undertaking the project:

(1) At least three members from three different agencies involved in the project. If there are fewer than three other agencies involved in the project, the number of members required by this paragraph shall be reduced accordingly.

(2) At least five members to support the ability of its members to conduct day-to-day business.

(c) The oversight committee shall act as the authority for critical decisions regarding the project and shall have sufficient staff to support decision making. 

SEC. 2. 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.

SEC. 2. 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.

SEC. 2. 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.

### SEC. 2.





This title shall be known, and may be cited, as the Planning and Zoning Law.