Bill Text: CA AB2754 | 2009-2010 | Regular Session | Enrolled
Bill Title: Land use and planning: Office of Planning and Research:
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-09-30 - Vetoed by Governor. [AB2754 Detail]
Download: California-2009-AB2754-Enrolled.html
BILL NUMBER: AB 2754 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 23, 2010
PASSED THE ASSEMBLY AUGUST 25, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN SENATE JUNE 23, 2010
AMENDED IN ASSEMBLY MAY 28, 2010
INTRODUCED BY Assembly Member John A. Perez
FEBRUARY 19, 2010
An act to amend Sections 65038, 65040, 65040.2, and 65040.6 of,
and to add Sections 65028.3 and 65039.5 to, and to add Article 8
(commencing with Section 65055) to Chapter 1.5 of Division 1 of Title
7 of, the Government Code, and to amend Sections 21082.1, 75121, and
75124 of the Public Resources Code, relating to land use and
planning.
LEGISLATIVE COUNSEL'S DIGEST
AB 2754, John A. Perez. Land use and planning: Office of Planning
and Research: Planning and State Clearinghouse Unit.
(1) The Planning and Zoning Law provides that the Office of
Planning and Research is the comprehensive state planning agency,
requires the office to serve the Governor and his or her cabinet as
staff for long-range planning and research, and sets forth the
various duties of the office. That law requires the Governor to
appoint the Director of State Planning and Research, and the Director
of State Planning and Research to head the office and carry out and
effect all purposes vested by law in the office.
This bill would establish the Planning and State Clearinghouse
Unit within the office, and provide that the unit is under the direct
control of the Director of the Planning and State Clearinghouse
Unit. The bill would require the Director of the Planning and State
Clearinghouse Unit to oversee the work of the unit, and report
directly to the Director of State Planning and Research.
The bill would authorize the Director of State Planning and
Research, in accordance with constitutional provisions governing
civil service, to employ and fix the compensation of the Director of
the Planning and State Clearinghouse Unit and those officers and
employees whom the Director of State Planning and Research deems
necessary for the effective conduct of the work of the unit. The bill
would prohibit the attainment of civil service status pursuant to
this authorization prior to June 1, 2011, but would require the
Department of Personnel Administration to begin preparation to convey
civil service status pursuant to the authorization as of the
operative date of the bill.
This bill would delete certain statutory duties of the office, and
transfer specified statutory duties, powers, and responsibilities of
the office and the Director of State Planning and Research to the
unit and the Director of the Planning and State Clearinghouse Unit.
The bill would require the Director of the Planning and State
Clearinghouse Unit to perform all duties, exercise all powers, assume
and discharge all responsibilities, and carry out and effect all
purposes prescribed to either the office or the unit by specified
provisions of the Planning and Zoning Law, and require the Director
of State Planning and Research to be responsible for the fulfillment
of those duties and responsibilities, and the exercise of those
powers.
(2) The Planning and Zoning Law requires the office, in
conjunction with the Planning Advisory and Assistance Council, to
evaluate plans and programs of state government, identify conflicts
or omissions in those plans and programs, and recommend to the
Governor and Legislature new actions to resolve those conflicts,
advance statewide environmental goals, and ensure state policies and
programs conform to adopted land use planning goals and programs.
This bill would transfer the above-described statutory duty from
the office to the unit, and additionally require the unit to report
to the Governor and the Legislature, by no later than January 1,
2012, and by that date every two years thereafter, on its efforts to
accomplish its duties in conjunction with the Planning Advisory and
Assistance Council.
(3) The Planning and Zoning Law also requires each transportation
planning agency to prepare and adopt a regional transportation plan,
including, among other things, a sustainable communities strategy
prepared by each metropolitan planning organization, as specified.
This bill would require the unit to assist the State Air Resources
Board in providing technical assistance to a local government in
developing its sustainable communities strategy or alternative
planning strategy.
(4) Existing law establishes the Strategic Growth Council in state
government and requires the council to consist of specified state
government officials, including the Director of State Planning and
Research.
This bill would require the council to be administered by the
office, and any remaining funds out of the existing appropriation to
support the council as of January 1, 2011, to be transferred to the
office to pay the costs of administration of the council.
This bill would also require the unit to work with the council to
assist state and local entities in the planning of sustainable
communities and in meeting the goals of the California Global Warming
Solutions Act of 2006.
(5) The Planning and Zoning Law requires the office to cooperate
with the Department of Transportation and other federal, state,
regional, and local agencies in the development of a long-range
master plan for aviation, as specified.
This bill would require the office to serve as the state's liaison
with the United States Department of Defense in order to facilitate
coordination regarding issues that are of significant interest to the
department. The bill would require the office to perform specified
duties in this capacity.
(6) The California Environmental Quality Act requires certain
agencies to submit to the State Clearinghouse specified documents
relating to environmental impact reports in an electronic format and
imposes specific duties on the Office of Planning and Research and
the Secretary of the Natural Resources Agency in creating guidelines
for the submission of those documents.
This bill would require the Office of Planning and Research, no
later than August 31, 2011, to prepare, develop, and transmit to the
Secretary of the Natural Resources Agency recommended proposed
changes or amendments to the guidelines implementing this submission
requirement.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65028.3 is added to the Government Code, to
read:
65028.3. "Unit" as used in this chapter, means the Planning and
State Clearinghouse Unit established pursuant to Section 65039.5.
SEC. 2. Section 65038 of the Government Code is amended to read:
65038. For the purpose of administering this chapter, the
Governor shall appoint the Director of State Planning and Research,
who shall be responsible for the performance of all duties, the
exercise of all powers, the assumption and discharge of all
responsibilities, and for carrying out and effecting all purposes
vested by law in the office, including contracting for professional
or consultant services in connection with the work of the office.
SEC. 3. Section 65039.5 is added to the Government Code, to read:
65039.5. (a) The Planning and State Clearinghouse Unit is hereby
established in state government in the Office of Planning and
Research. The unit shall be under the direct control of the Director
of the Planning and State Clearinghouse Unit, who shall oversee all
work of the unit and report directly to the Director of State
Planning and Research.
(b) The Director of State Planning and Research may employ and fix
the compensation, in accordance with Article VII of the California
Constitution, of the Director of the Planning and State Clearinghouse
Unit and those officers and employees whom the Director of State
Planning and Research deems necessary for the effective conduct of
the work of the Planning and State Clearinghouse Unit. No officer or
employee, including, but not limited to, the Director of the Planning
and State Clearinghouse Unit, shall attain civil service status
pursuant to this subdivision prior to July 1, 2011. However, the
Department of Personnel Administration shall begin preparation to
convey civil service status pursuant to this subdivision on the
operative date of the act that added this section.
(c) Notwithstanding any contrary law, the Director of the Planning
and State Clearinghouse Unit shall perform all duties, exercise all
powers, assume and discharge all responsibilities, and carry out and
effect all purposes prescribed by Sections 65040 to 65053.7,
inclusive, to either the office or the unit.
SEC. 4. Section 65040 of the Government Code is amended to read:
65040. (a) The Office of Planning and Research shall serve the
Governor and his or her Cabinet as staff for long-range planning and
research, and constitute the comprehensive state planning agency.
(b) In order to discharge the duties of the office prescribed by
subdivision (a), the Planning and State Clearinghouse Unit within the
office shall do all of the following:
(1) Assisted by the Planning Advisory and Assistance Council
established pursuant to subdivision (a) of Section 65040.6, engage in
the formulation, evaluation and updating of long-range goals and
policies for land use, population growth and distribution, urban
expansion, development, open space, resource preservation and
utilization, air and water quality, and other factors which shape
statewide development patterns and significantly influence the
quality of the state's environment.
(2) Assist in the orderly preparation by appropriate state
departments and agencies of intermediate- and short-range functional
plans to guide programs of transportation, water management, open
space, recreation and other functions which relate to the protection
and enhancement of the state's environment.
(3) By January 1, 2012, and annually thereafter, review the
functional plans of each state department and agency to ensure
consistency with the state planning priorities specified in Section
65041.1. If a plan is determined to be inconsistent with the
priorities, the unit shall make recommendations to the department or
agency and the Legislature on what changes need to be made in order
to make the plan consistent.
(4) (A) Biannually evaluate plans and programs of departments and
agencies of state government, identify conflicts or omissions, and
recommend to the Governor and the Legislature new state policies,
programs and actions, or amendments of existing programs, as
required, to resolve conflicts, advance statewide environmental goals
to respond to emerging environmental problems and opportunities, and
to ensure that all state policies and programs conform to the
adopted land use planning goals and programs.
(B) Report to the Governor and the Legislature on its efforts to
accomplish the duties described in paragraph (1), no later than one
year after the operative date of the act that added this paragraph to
this section, and by that date every two years thereafter.
(5) Assist the Department of Finance in preparing, as part of the
annual state budget, an integrated program of priority actions to
implement state functional plans and to achieve statewide
environmental goals and objectives and take other actions to assure
that the program budget, submitted annually to the Legislature,
contains information reporting the achievement of state goals and
objectives by departments and agencies of state government.
(6) Coordinate, in conjunction with appropriate state, regional,
and local agencies, the development of objectives, criteria and
procedures for the orderly evaluation and report of the impact of
public and private actions on the environmental quality of the state
and as a guide to the preparation of environmental impact reports
required of state and local agencies in Sections 21102 and 21150 of
the Public Resources Code.
(7) Coordinate research activities of state government directed to
the growth and development of the state and the preservation of
environmental quality, render advice to the Governor, his or her
Cabinet, to the Legislature, and any agency or department of state
government, and provide information to, and cooperate with, the
Legislature or any of its committees or officers.
(8) Coordinate the technical assistance provided by state
departments and agencies in regional and local planning to assure
that such plans are consistent with statewide environmental goals and
objectives.
(9) Accept and allocate or expend grants and gifts from any
source, public or private, for the purpose of state planning and
undertake other planning and coordinating activities as will
implement the policy and intent of the Legislature as set forth
herein.
(10) By January 1, 2012, and every five years thereafter, develop
long-range policies to assist the state and local agencies in meeting
the problems presented by the growth and development of urban areas
and defining the complementary roles of the state, cities, counties,
school districts, and special districts with respect to such growth.
(11) Encourage the formation and proper functioning of, and
provide planning assistance to, city, county, district, and regional
planning agencies.
(12) Assist local government in land use planning.
(13) Assist the State Air Resources Board in providing technical
assistance to a local government developing its sustainable
communities strategy or alternative planning strategy pursuant to
Section 65080.
(14) Work with the Strategic Growth Council to assist state and
local entities in the planning of sustainable communities and in
meeting the goals of the California Global Warming Solutions Act of
2006 (Division 25.5 (commencing with Section 38500) of the Health and
Safety Code), including the provision of technical assistance to
local governments eligible for grants and loans to support the
planning and development of sustainable communities, pursuant to
Section 75127, 75128, or 75129 of the Public Resources Code.
SEC. 5. Section 65040.2 of the Government Code is amended to read:
65040.2. (a) In connection with its responsibilities under
paragraph (11) of subdivision (b) of Section 65040, the unit shall
develop and adopt guidelines for the preparation of and the content
of the mandatory elements required in city and county general plans
by Article 5 (commencing with Section 65300) of Chapter 3. For
purposes of this section, the guidelines prepared pursuant to Section
50459 of the Health and Safety Code shall be the guidelines for the
housing element required by Section 65302. In the event that
additional elements are hereafter required in city and county general
plans by Article 5 (commencing with Section 65300) of Chapter 3, the
unit shall adopt guidelines for those elements within six months of
the effective date of the legislation requiring those additional
elements.
(b) The unit may request from each state department and agency, as
it deems appropriate, and the department or agency shall provide,
technical assistance in readopting, amending, or repealing the
guidelines.
(c) The guidelines shall be advisory to each city and county in
order to provide assistance in preparing and maintaining their
respective general plans.
(d) The guidelines shall contain the guidelines for addressing
environmental justice matters developed pursuant to Section 65040.12.
(e) The guidelines shall contain advice including recommendations
for best practices to allow for collaborative land use planning of
adjacent civilian and military lands and facilities. The guidelines
shall encourage enhanced land use compatibility between civilian
lands and any adjacent or nearby military facilities through the
examination of potential impacts upon one another.
(f) The guidelines shall contain advice for addressing the effects
of civilian development on military readiness activities carried out
on all of the following:
(1) Military installations.
(2) Military operating areas.
(3) Military training areas.
(4) Military training routes.
(5) Military airspace.
(6) Other territory adjacent to those installations and areas.
(g) By March 1, 2005, the guidelines shall contain advice,
developed in consultation with the Native American Heritage
Commission, for consulting with California Native American tribes for
all of the following:
(1) The preservation of, or the mitigation of impacts to, places,
features, and objects described in Sections 5097.9 and 5097.993 of
the Public Resources Code.
(2) Procedures for identifying through the Native American
Heritage Commission the appropriate California Native American
tribes.
(3) Procedures for continuing to protect the confidentiality of
information concerning the specific identity, location, character,
and use of those places, features, and objects.
(4) Procedures to facilitate voluntary landowner participation to
preserve and protect the specific identity, location, character, and
use of those places, features, and objects.
(h) Commencing January 1, 2009, but no later than January 1, 2014,
upon the next revision of the guidelines pursuant to subdivision
(i), the unit shall prepare or amend guidelines for a legislative
body to accommodate the safe and convenient travel of users of
streets, roads, and highways in a manner that is suitable to the
rural, suburban, or urban context of the general plan, pursuant to
subdivision (b) of Section 65302.
(1) In developing guidelines, the unit shall consider how
appropriate accommodation varies depending on its transportation and
land use context, including urban, suburban, or rural environments.
(2) The unit may consult with leading transportation experts,
including, but not limited to, bicycle transportation planners,
pedestrian planners, public transportation planners, local air
quality management districts, and disability and senior mobility
planners.
(i) The unit shall provide for regular review and revision of the
guidelines established pursuant to this section.
SEC. 6. Section 65040.6 of the Government Code is amended to read:
65040.6. (a) The Planning Advisory and Assistance Council is
hereby created within the office, the membership of which shall be as
follows: three city representatives; three county representatives;
one representative of each district, provided that at least two of
the district representatives are representatives of metropolitan
areawide planning organizations and that at least one of the district
representatives is a representative of a nonmetropolitan planning
organization; and one representative of Indian tribes and bands which
have reservations or rancherias within California. The city and
county representatives appointed pursuant to this subdivision shall
be selected by the director from nominees submitted by the League of
California Cities and by the California State Association of
Counties. Representatives of areawide planning organizations
appointed pursuant to this subdivision shall be selected by the
director from nominees submitted by the several areawide planning
organizations within the state. Other district representatives shall
be appointed by the director. The representative of Indian tribes and
bands shall be a member of one tribe or band, and shall be selected
by the director.
Appointment to the advisory council shall be for a term of two
years, provided that the members of the first council shall classify
themselves by lot so that one-half shall serve an initial term of one
year and one-half shall serve an initial term of two years.
Vacancies shall be filled in the same manner provided for the
original appointment.
(b) The council shall provide such advice as may be necessary to
assist the unit in discharging the requirements of Sections 65040 to
65040.4, inclusive. In particular, the council shall:
(1) Assist the unit in the preparation of the state long-range
goals and policies, in the manner specified in paragraph (1) of
subdivision (b) of Section 65040.
(2) Evaluate the planning functions of the various state agencies
involved in planning, in the manner specified in paragraph (4) of
subdivision (b) of Section 65040.
(3) Make appropriate decisions and provide advice and assistance
as may be required by federal statute or regulation in connection
with any federal program administered by the office.
(c) The council shall meet on call of the director of the office,
who shall convene at least two council meetings during each year.
(d) Council members shall serve without compensation, but they may
be reimbursed for actual expenses incurred in connection with their
duties.
SEC. 7. Article 8 (commencing with Section 65055) is added to
Chapter 1.5 of Division 1 of Title 7 of the Government Code, to read:
Article 8. Liaison to the United States Department of Defense
65055. The Office of Planning and Research shall serve as the
state's liaison with the United States Department of Defense in order
to facilitate coordination regarding issues that are of significant
interest to the department. In this role, the office shall do all of
the following:
(a) Coordinate with the department to ensure the sustainability of
defense activities within the state.
(b) Develop legislation that supports the relationship between the
department and the state.
(c) Work with federal defense agencies to address regulatory
activities by state agencies that affect the sustainability of
defense operations within the state.
(d) Work with the heads of relevant agencies and departments to
identify critical staff in the administration to facilitate
cooperation between the state and the department.
(e) Work closely with representatives of the Armed Forces of the
United States regarding issues of importance to the men and women in
the military and their families living within the state.
(f) Serve as the administration's lead advocate on state and
federal policies that impact members of the Armed Forces of the
United States based within the state.
SEC. 8. Section 21082.1 of the Public Resources Code is amended to
read:
21082.1. (a) Any draft environmental impact report, environmental
impact report, negative declaration, or mitigated negative
declaration prepared pursuant to the requirements of this division
shall be prepared directly by, or under contract to, a public agency.
(b) This section is not intended to prohibit, and shall not be
construed as prohibiting, any person from submitting information or
other comments to the public agency responsible for preparing an
environmental impact report, draft environmental impact report,
negative declaration, or mitigated negative declaration. The
information or other comments may be submitted in any format, shall
be considered by the public agency, and may be included, in whole or
in part, in any report or declaration.
(c) The lead agency shall do all of the following:
(1) Independently review and analyze any report or declaration
required by this division.
(2) Circulate draft documents that reflect its independent
judgment.
(3) As part of the adoption of a negative declaration or a
mitigated negative declaration, or certification of an environmental
impact report, find that the report or declaration reflects the
independent judgment of the lead agency.
(4) Submit a sufficient number of copies of the draft
environmental impact report, proposed negative declaration, or
proposed mitigated negative declaration, and a copy of the report or
declaration in an electronic form as required by the guidelines
adopted pursuant to Section 21083, to the State Clearinghouse for
review and comment by state agencies, if any of the following apply:
(A) A state agency is any of the following:
(i) The lead agency.
(ii) A responsible agency.
(iii) A trustee agency.
(B) A state agency otherwise has jurisdiction by law with respect
to the project.
(C) The proposed project is of sufficient statewide, regional, or
areawide environmental significance as determined pursuant to the
guidelines certified and adopted pursuant to Section 21083.
(d) No later than August 31, 2011, the Office of Planning and
Research shall prepare, develop, and transmit to the Secretary of the
Natural Resources Agency recommended proposed changes or amendments
to the guidelines implementing this division regarding standards as
to the electronic form of documents submitted to the office pursuant
to this section and consistency in the submission of these documents
for the purposes of establishing a publicly accessible database.
SEC. 9. Section 75121 of the Public Resources Code is amended to
read:
75121. (a) The Strategic Growth Council is hereby established in
state government and it shall consist of the Director of State
Planning and Research, the Secretary of the Natural Resources Agency,
the Secretary for Environmental Protection, the Secretary of
Business, Transportation and Housing, the Secretary of California
Health and Human Services, and one member of the public to be
appointed by the Governor. The public member shall have a background
in land use planning, local government, resource protection and
management, or community development or revitalization.
(b) Staff for the council shall be reflective of the council's
membership.
(c) The council shall be administered by the Office of Planning
and Research.
SEC. 10. Section 75124 of the Public Resources Code is amended to
read:
75124. Of the funds made available pursuant to subdivisions (a)
and (c) of Section 75065, the sum of five hundred thousand dollars
($500,000) is hereby appropriated to the Natural Resources Agency to
be used in support of the council and its activities in accordance
with this chapter. Any remaining funds from this appropriation as of
January 1, 2011, shall be transferred to the Office of Planning and
Research for the administration of the council.
