Amended  IN  Assembly  September 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1398

Introduced by Assembly Member Waldron

February 22, 2019

An act to add Chapter 5.8 (commencing with Section 8480) to Division 1 of Title 2 of, and to repeal Sections 11816 and 11817 of, the Government Code, relating to state government. An act to amend Section 132303 of, and to add Section 132302.5 to, the Public Utilities Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 1398, as amended, Waldron. Government Modernization Act of 2019. San Diego Association of Governments: San Diego County Regional Transportation Commission: transactions and use tax: expenditure plan.
Existing law establishes the San Diego County Regional Transportation Commission in the County of San Diego and requires the board of directors of the San Diego Association of Governments (SANDAG) to serve as the commission. Existing law authorizes the commission to impose a retail transactions and use tax by ordinance in the county if approved by 2/3 of the electors voting on the measure. Existing law further authorizes the commission to expand, extend, or increase the tax if approved by the required vote of the electors. Existing law requires the ordinance to contain an expenditure plan that includes an allocation of revenues for the purposes authorized in the ordinance. Pursuant to this authority, the commission, upon receiving voter approval, imposed a retail transactions and use tax of 1/2 of 1% in 1987, and extended the tax, commonly referred to as the TransNet Extension Ordinance, in 2004 until April 1, 2048.
This bill would prohibit SANDAG’s board of directors, serving as the commission, from changing the allocation of revenues to any component of the expenditure plan contained in the TransNet Extension Ordinance by more than an unspecified percentage unless the board, serving as the commission, adopts a resolution proposing to change the allocation of revenues in the expenditure plan, holds 4 public meetings in specified regions of the county to share the details of the proposed change, and the proposed change is approved by 2/3 of the electors voting on the measure at a special election called by the board, serving as the commission.
This bill would impose a state-mandated local program by requiring the County of San Diego to conduct the election on a proposed change to the allocation of revenues in the expenditure plan.
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 establishes various state agencies, including the Government Operations Agency. Existing law requires the secretary of each agency to hold the head of each department, office, or other unit within the agency responsible for management control over the administrative, fiscal, and program performance of their department, office, or other unit. Existing law requires the secretary to review the operations and evaluate the performance at appropriate intervals of each department, office, or other unit, and to seek to continually improve the organization structure, the operating policies, and the management information systems of each department, office, or other unit.

Existing law establishes within the Government Operations Agency, the Department of Technology, under the supervision of the Director of Technology, and includes in the duties of the director minimizing overlap, redundancy, and cost in state information technology operations by promoting the efficient and effective use of information technology and establishing performance management and improvement processes to ensure state information technology systems and services are efficient and effective. Existing law also establishes within the agency, the Department of General Services to provide centralized services, as specified. Existing law provides that the Legislature declares that a centralization of business management functions and services of state government is necessary to, among other things, insure a continuing high level of efficiency and economy.

Existing law establishes in state government the Milton Marks “Little Hoover” Commission on California State Government Organization and Economy to secure assistance for the Governor and the Legislature in promoting economy, efficiency, and improved service in the transaction of the public business in the various departments, agencies, and instrumentalities of the executive branch of the state government, as specified.

This bill would enact the Government Modernization Act of 2019, which would require, on or before March 1, 2020, the Secretary of Government Operations, in consultation with the Department of Technology, the Department of General Services, the Governor’s Office of Business and Economic Development, and the Office of Planning and Research, to establish the Government Modernization Working Group. The bill would require the secretary to appoint as members of the working group experts from a wide variety of private sector industries operating within California, as specified. The bill would require the secretary to appoint a person from the agency to convene meetings of the working group and to gather insight and recommendations from the meetings, as specified. The bill would require the secretary to use these insight and recommendations to develop modernization goals that will achieve the objective of streamlining and improving the operation of state government, including the Legislature. The bill would require the agency to create an implementation and cost assessment plan for achieving these goals. The bill would require the agency to provide this plan to the Legislature and to post the plan on the agency’s internet website, as specified. The bill would make related findings and declarations.

Chapter 745 of the Statutes 2001 repealed the provision requiring the Department of Finance to recommend certain state agencies, departments, offices, and commissions to develop and update a strategic plan, as specified. Existing law requires that an agency, department, office, or commission for which strategic planning efforts are recommended pursuant to that repealed provision to develop a strategic plan and report to the Governor and to the Joint Legislative Budget Committee annually, as specified, on the steps being taken to develop and adopt a strategic plan, as specified.

This bill would repeal the requirement to report on steps being taken to develop and adopt a strategic plan recommended pursuant to the repealed provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

 Section 132302.5 is added to the Public Utilities Code, to read:

132302.5.
 (a) The Board of Directors of the San Diego Association of Governments (SANDAG), serving as the commission pursuant to Section 132051, shall not change the allocation of revenues to any component of the expenditure plan contained in the TransNet Extension Ordinance by more than ____ percent unless SANDAG’s board, serving as the commission, complies with all of the following requirements:
(1) SANDAG’s board, serving as the commission, by a rollcall vote entered in the commission’s minutes, with two-thirds of SANDAG’s board, serving as the commission, concurring consistent with the commission’s standard voting mechanism, adopts a resolution proposing to change the allocation of revenues in the expenditure plan pursuant to this subdivision.
(2) Before calling for the election required pursuant to paragraph (3), SANDAG’s board, serving as the commission, holds a public meeting in each of the following regions of the county to share the details of the proposed change to the allocation of revenues in the expenditure plan:
(A) North Coastal.
(B) North Inland.
(C) South Coastal.
(D) South Inland.
(3) SANDAG’s board, serving as the commission, submits the proposed change to the allocation of revenues in the expenditure plan to the electors of the county at a special election called by SANDAG’s board, serving as the commission, for that purpose and two-thirds of the electors voting on the measure approve the proposed change to the allocation of revenues in the expenditure plan.
(b) For purposes of this section, “TransNet Extension Ordinance” means the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (Commission Ordinance 04-01), as adopted by the commission on May 28, 2004, and approved by the voters of the county.

SEC. 2.

 Section 132303 of the Public Utilities Code is amended to read:

132303.
 (a) The county shall conduct an election called by the Board of Directors of the San Diego Association of Governments (SANDAG), serving as the commission pursuant to Section 132051, pursuant to Section 132301. 132301 or 132302.5.
(b) The election shall be called and conducted in the same manner as provided by law for the conduct of elections by a county. county and may be consolidated with or held on the same day as an already scheduled election.

SEC. 3.

 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.Chapter 5.8 (commencing with Section 8480) is added to Division 1 of Title 2 of the Government Code, to read:
5.8.Government Modernization Act of 2019
8480.

This chapter shall be known, and may be cited, as the Government Modernization Act of 2019.

8481.

The Legislature finds and declares the following:

(a)Technology is constantly advancing and changing the ways in which the working world operates.

(b)In most organizations, it is necessary to have the latest technologies to achieve the level of productivity required to meet the demands of a modern, fast-paced working environment.

(c)California’s state government has fallen behind on incorporating technology into its daily operations and has not taken advantage of the many benefits that derive from modernization of the workplace. Outdated tools and complex systems make interactions with customers cumbersome and frustrating. As a result, services provided by the state programs are inefficient, sometimes ineffective, and in need of change to best serve its many and varied clientele.

(d)California must change the way that it approaches service delivery and technology investments.

(e)It is the intent of the Legislature in enacting this chapter to convene a collaborative brainstorming group of representatives from private sector businesses with the goal of identifying how the state may more effectively and efficiently provide services to its clients, using recommendations from the private sector.

8482.

The objectives of this chapter are as follows:

(a)To establish efficient, streamlined, and consumer-focused processes, services and outcomes.

(b)To create a flexible, family friendly workplace.

(c)To reduce the cost of providing state programs and services.

(d)To reduce carbon emissions.

(e)To enhance the transparency of public information.

(f)To increase cybersecurity.

(g)To encourage the use of cloud computing and other innovative platforms and technologies.

8483.

For purposes of this chapter:

(a)“Agency” means the Government Operations Agency.

(b)“Secretary” means the Secretary of Government Operations.

(c)“Working group” means the Government Modernization Working Group.

8483.

(a)(1)On or before March 1, 2020, the secretary shall, in consultation with the Department of Technology, the Department of General Services, the Governor’s Office of Business and Economic Development, and the Office of Planning and Research, establish the Government Modernization Working Group. The working group shall serve in an advisory capacity. The secretary shall appoint as members of the working group experts from a wide variety of private sector industries operating within California, including, but not limited to, the following:

(A)Technology.

(B)Finance and insurance.

(C)Health care and social assistance.

(D)Management of companies and enterprises.

(E)Accommodation and food services.

(F)Arts and entertainment.

(G)Construction.

(H)Manufacturing.

(I)Real estate.

(J)Retail.

(K)Transportation and goods movement.

(L)Agriculture.

(M)Utilities.

(2)Members of the working group shall serve without compensation.

(3)The secretary shall ensure that the membership of the working group collectively represents the broad spectrum of industry sectors operating within the state. The secretary may appoint the number of representatives to the working group, in the secretary’s discretion, is necessary to achieve the purpose of this subdivision.

(b)The secretary shall appoint a person from the agency to convene meetings of the working group no less than once per quarter and to gather insight and recommendations from the meetings on how the state may accomplish the following:

(1)Become more agile in the face of technological change.

(2)Refocus on customer service and service delivery.

(3)Streamline state operations to become more effective and efficient.

(4)Any other improvements to state operations members of the working group may suggest.

(c)The working group shall make recommendations to the agency regarding the modernization of government processes and operations, including the following:

(1)Assessing service delivery models and underlying business processes to improve accessibility and reliability of the state’s services.

(2)Increasing the productivity of the state’s workforce.

(3)Maximizing taxpayer savings.

(4)Increasing cybersecurity.

(5)Reducing the state’s carbon footprint.

(6)Providing flexible and family friendly workplaces.

(7)Improving workplace culture and job satisfaction.

(8)Focusing on continued process improvement, human change management, and a customer-centric mindset.

8484.

(a)The secretary shall use the insight and recommendations collected pursuant to Section 8483 to develop modernization goals that will achieve the objective of streamlining and improving the operation of state government, including, but not limited to, goals for the following:

(1)Establishing measurable customer service benchmarks to improve services to clients.

(2)Identifying technologies to implement user-centric design, iterative software development, customer feedback loops, and other tools necessary to ensure continuous program improvement and 21st Century service delivery methods.

(3)Developing strategies the state can use to streamline, strengthen, and improve the corporate culture and structure of state agencies.

(4)Developing systems to modernize and improve operational efficiencies for all state government, including the Legislature, relative to objectives listed in Section 8482.

(5)Decreasing state costs, and as a result decreasing the cost of doing business with the state.

(b)Upon establishment of modernization goals pursuant to subdivision (a), the agency shall create an implementation and cost assessment plan for achieving the goals. On or before March 1, 2021, the agency shall provide the implementation and cost assessment plan to the Legislature in conformance with Section 9795 and shall post that implementation and cost assessment plan on the agency’s internet website. The implementation and cost assessment plan shall be subject to enactment by the Legislature.

SEC. 2.Section 11816 of the Government Code is repealed.
SEC. 3.Section 11817 of the Government Code is repealed.