Bill Text: CA SB406 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Land use: environmental quality.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-01-19 - Stricken from Senate file. [SB406 Detail]

Download: California-2009-SB406-Amended.html

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BILL NUMBER: SB 406	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 26, 2009

   An act to amend Section 65040.6 of, and to add  and repeal
 Section 65083  of   to  , the
Government Code, to amend Section 75125 of the Public Resources Code,
and to add  and repeal  Section 9250.6  of
  to  the Vehicle Code, relating to land use.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 406, as amended, DeSaulnier. Land use: environmental quality.
   The Planning and Zoning Law establishes the Planning Advisory and
Assistance Council in the Office of Planning and Research, and
prescribes the membership and duties of the council. Existing law
authorizes the Department of Motor Vehicles to collect a surcharge
imposed on vehicle registration fees by ordinance or resolution of a
local entity.
   This bill would change the designated membership, as specified, of
the Planning Advisory and Assistance Council and would require that
the council work with the Strategic Growth Council  , regional
agencies, and cities and counties to facilitate the implementation of
regional blueprint projects  , as specified. The bill would
also require the council to report to the Legislature on specified
regional performance measures and on the manner in which state
agencies are implementing the 5-year infrastructure plan  , as
specified  . The bill would authorize a municipal planning
organization  , as defined,   or   a
 council of governments  , as defined, or a county 
 transportation commission and a subregional council of
governments jointly preparing a subregional sustainable communities
strategy  to adopt a resolution to impose a  surcharge of up
to  $2  motor vehicle registration surcharge 
on  motor  vehicles registered  to an owner with an
address  in the entity's  or entities'  jurisdiction
that would be collected by the Department of Motor Vehicles and,
after deducting its administrative costs, would be transmitted to the
entity  or entities  imposing the surcharge. The bill would
require that the surcharge revenue be expended to develop and
implement a regional blueprint plan and would specify that 5% of the
surcharge revenue be transmitted to the council for performance of
its functions. The bill would provide that the council is to perform
specified new functions only when the council has received sufficient
revenue from this source.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature finds and declares the following:
   (1) Uncoordinated and unplanned growth together with a lack of
common goals to effect the public's interest in the conservation and
wise use of our lands  ,  pose a threat to the
environment, sustainable economic development, and the health,
safety, and high quality of life enjoyed by residents of this state.

   (2) The enactment of Senate Bill 375 of the 2007-08 Regular
Session (Chapter 728 of the Statutes of 2008) and the establishment
of requirements for regional transportation plans to address
greenhouse gases can only be successfully implemented if regional and
local governments have the tools they need to collaboratively plan
for the type of growth that can achieve these goals, and if that
collaborative planning is coordinated with the efforts of the
Governor's Strategic Growth Council and other state agencies as
required by the enactment of Senate Bill 732 of the 2007-08 Regular
Session (Chapter 729 of the Statutes of 2008).  
   (2) 
    (3)  Therefore, it is in the public interest that state
residents, communities, local governments, and the private sector
cooperate and coordinate with one another in comprehensive,
sustainable land use planning.
   (b) It is the intent of the Legislature to update the duties and
composition of the Planning Advisory and Assistance Council to assist
in the state's land use planning processes by providing funding to
support the development and implementation for regional blueprints
and related planning and to work with state agencies providing
funding for resource protection and local infrastructure to
facilitate coordination between state planning and funding decisions
and regional blueprints.
  SEC. 2.  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;
seven representatives of regional planning organizations; one member
of the State Air Resources Board;  one member of the California
Transportation Commission;  one member of the State Energy
Resource Conservation and Development Commission; one member
appointed by  the  Speaker of Assembly; one member appointed
by the Senate Committee on Rules; 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 regional planning
organizations appointed pursuant to this subdivision shall be
selected by the director from nominees submitted by the regional
planning organizations set forth in paragraphs (1) to (5), inclusive,
of subdivision (b) and from nominees submitted by the California
Association of Councils of Governments for the representatives of
organizations set forth in paragraphs (6) and (7) of subdivision (b).
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) Seven of the council's members shall be from the governing
body of each of the following:
   (1) The Southern California Association of Governments.
   (2) The Metropolitan Transportation Commission or the Association
of Bay Area Governments. The person appointed to the council pursuant
to this paragraph shall be a member of the governing body for both
the Metropolitan Transportation Commission and the Association of Bay
Area Governments.
   (3) The San Diego Association of Governments.
   (4) The Sacramento Area Council of Governments.
   (5) The San Joaquin Valley Regional Policy Council.
   (6) A metropolitan planning organization  of 
 or  council of governments that is not identified in
paragraphs (1) to (5), inclusive.
   (7) A regional transportation planning agency, as defined in
Section 65080, that is neither a metropolitan planning organization
nor a council of governments.
   (c) The council shall provide such advice as may be necessary to
assist the office in discharging the requirements of Sections 65040
to 65040.4, inclusive. In particular, the council shall:
   (1) Assist the office in the preparation of the state long-range
goals and policies, in the manner specified in subdivision (a) of
Section 65040.
   (2) Evaluate the planning functions of the various state agencies
involved in planning, in the manner specified in subdivision (c) of
Section 65040.
   (3) Make appropriate decisions and provide such advice and
assistance as may be required by federal statute or regulation in
connection with any federal program administered by the office.
   (4) Work with the Strategic Growth Council, created pursuant to
Section 75121 of the Public Resources Code, regional agencies, such
as metropolitan planning organizations or councils of governments,
and with cities and counties to facilitate the implementation of
regional blueprint projects.
   (5) Develop recommendations to the Strategic Growth Council,
created pursuant to Section 75121 of the Public Resources Code,
 to the Department of General Services, to the State
Allocation Board, to the Department of Housing and Community
Development, to the California Transportation Commission, to
  the Department of General Services, the State
Allocation Board, the Department of Housing and Community
Development, the California Transportation Commission,  the
California Housing and Finance Agency, and  to any other
state agencies to facilitate the   any other state
agencies in   order to facilitate  coordination between
regional blueprint plans and state growth and infrastructure funding
plans.
   (6) Receive reports, including, but not limited to, a copy of the
five-year infrastructure plan described in Section 13102.
   (7) Report to the Legislature, in consultation and coordination
with the Strategic Growth Council, created pursuant to Section 75121
of the Public Resources Code, on the manner in which state agencies
are implementing the requirements of Chapter 1016 of the Statutes of
2002.
   (8) Report to the Legislature on regional performance measures,
evaluating the progress of each region of the state in improving
results for its residents in employment, environmental protection,
education, housing, mobility, and other criteria as determined by the
council. The council shall provide the Legislature with updates to
the report periodically, as the council determines is required.
   (d) The council shall meet on call of the director of the office,
who shall convene at least two council meetings during each year.
   (e) Council members shall serve without compensation, but they may
be reimbursed for actual expenses incurred in connection with their
duties.
   (f) The council shall begin to perform the functions and other
duties set forth in paragraphs (4) to (8), inclusive, of subdivision
(c) when sufficient funding, as determined by the council, exists
from the revenue transmitted to it by  the metropolitan
planning organization or council of governments  
metropolitan planning organizations, councils of governments, or
county transportation commissions and subregional councils of
governments jointly preparing subregional sustainable communities
strategies  pursuant to subdivision (b) of Section 65083.
  SEC. 3.  Section 65083 is added to the Government Code, to read:
   65083.  (a) A metropolitan planning organization, as defined in
Section 134 of Title 23 of the United States Code,  or
 a council of governments, as defined in Section 65582, 
or a county transportation commission and a subregional council of
governments jointly preparing a subregio   nal sustainable
communities strategy pursuant to subparagraph (C) of paragraph (2) of
subdivision (b) of Section 65080  may impose a surcharge of up
to two dollars ($2) pursuant to Section 9250.6 of the Vehicle Code,
on a motor vehicle registered to an owner with an address in its
jurisdiction. The surcharge may be imposed only if the metropolitan
planning organization  or   ,  the council
of governments  or a county transportation commission and a
subregional council of governments jointly preparing a subregional
sustainable communities strategy  adopts a resolution
authorizing the surcharge. A resolution by the Metropolitan
Transportation Commission or the Association of Bay Area Governments
to impose the surcharge shall be jointly adopted by resolution of
both of those entities, and the revenue from the surcharge shall be
divided in accordance with an agreement between these two entities.
 A resolution by a county transportation commission or a
subregional council of governments within the   jurisdiction
of the Southern California Association of Governments shall be
jointly adopted by resolution of both of the entities, and the
revenue from the surcharge shall be divided in accordance with an
agreement between the two entities. 
   (b) All revenue received pursuant to this section shall be used by
the metropolitan planning organization  or by  
,  the council of governments  solely to develop and
implement   , or a county transportation commission and
a subregional council of governments jointly preparing a subregional
sustainable communities strategy solely to   develop and
implement a sustainable communities strategy or  a regional
blueprint plan to identify land use strategies to reduce the use of
motor vehicles in its jurisdiction and thereby reduce emissions into
the environment from motor vehicles.  If the surcharge exceeds
one dollar ($1), all amounts above one dollar ($1) in a jurisdiction
with a population greater than 300,000 shall be used to provide
grants to cities, counties, and cities and counties for planning and
projects related to the implementation of a regional blueprint plan.
 The metropolitan planning organization  or the council
of governments   , the council of governments, or a
county transportation commission and a subregional council of
governments   jointly preparing a subregional sustainable
communities strategy  shall transmit 5 percent of all surcharge
revenue it receives pursuant to Section 9250.6 of the Vehicle Code to
the Planning Advisory and Assistance Council created pursuant to
Section 65040.6.
   (c) For purposes of this section, a sustainable communities
strategy and an alternative planning strategy shall both be
considered to be a regional blueprint. 
   (d) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date. 
  SEC. 4.  Section 75125 of the Public Resources Code is amended to
read:
   75125.  The council shall do all of the following:
   (a) Identify and review activities and funding programs of member
state agencies that may be coordinated to improve air and water
quality, improve natural resource protection, increase the
availability of affordable housing, improve transportation, meet the
goals of the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code), encourage sustainable land use planning, and revitalize
urban and community centers in a sustainable manner. At a minimum,
the council shall review and comment on the five-year infrastructure
plan developed pursuant to Article 2 (commencing with Section 13100)
of Chapter 2 of Part 3 of Division 3 of the Government Code and the
State Environmental Goals and Policy Report developed pursuant to
Section 65041 of the Government Code.
   (b) Recommend policies and investment strategies and priorities to
the Governor, the Legislature, and to appropriate state agencies to
encourage the development of sustainable communities, such as those
communities that promote equity, strengthen the economy, protect the
environment, and promote public health and safety, and is consistent
with subdivisions (a) and (c) of Section 75065.
   (c) Provide, fund, and distribute data and information to local
governments and regional agencies that will assist in developing and
planning sustainable communities.
   (d) Manage and award grants and loans to support the planning and
development of sustainable communities, pursuant to Sections 75127,
75128, and 75129. To implement this subdivision, the council may do
all of the following:
   (1) Develop guidelines for awarding financial assistance,
including criteria for eligibility and additional consideration.
   (2) Develop criteria for determining the amount of financial
assistance to be awarded. The council shall award a revolving loan to
an applicant for a planning project, unless the council determines
that the applicant lacks the fiscal capacity to carry out the project
without a grant. The council may establish criteria that would allow
the applicant to illustrate an ongoing commitment of financial
resources to ensure the completion of the proposed plan or project.
   (3) Provide for payments of interest on loans made pursuant to
this article. The rate of interest shall not exceed the rate earned
by the Pooled Money Investment Board.
   (4) Provide for the time period for repaying a loan made pursuant
to this article.
   (5) Provide for the recovery of funds from an applicant that fails
to complete the project for which financial assistance was awarded.
The council shall direct the State Controller to recover funds by any
available means.
   (6) Provide technical assistance for application preparation.
   (7) Designate a state agency or department to administer technical
and financial assistance programs for the disbursing of grants and
loans to support the planning and development of sustainable
communities, pursuant to Sections 75127, 75128, and 75129.
   (e) No later than July 1, 2010, and every year thereafter, provide
a report to the Legislature that shall include, but is not limited
to, all of the following:
   (1) A list of applicants for financial assistance.
   (2) Identification of which applications were approved.
   (3) The amounts awarded for each approved application.
   (4) The remaining balance of available funds.
   (5) A report on the proposed or ongoing management of each funded
project.
   (6) Any additional minimum requirements and priorities for a
project or plan proposed in a grant or loan application developed and
adopted by the council pursuant to subdivision (c) of Section 75216.

   (7) In making recommendations pursuant to subdivisions (a) and (b)
and in providing data and information pursuant to subdivision (c),
the council shall consult with and coordinate its recommendations
with the Planning Advisory and Assistance Council created pursuant to
Section 65040.6 of the Government Code.
  SEC. 5.  Section 9250.6 is added to the Vehicle Code, to read:
   9250.6.  (a) (1) In addition to any other fees specified in this
code, the Health and Safety Code, and the Revenue and Taxation Code,
a surcharge of up to two dollars ($2) may be imposed by a
metropolitan planning organization  or by a council of
governments   , a council of governments, or a county
transportation commission and a subregional council of governments
jointly preparing a subregional sustainable communities strategy
pursuant to subparagraph (C) of paragraph (2) of subdivision (b) of
Section 65080, and shall be paid to the department as follows:
   (A) Upon initial registration on or after the date the department
begins collecting the fee  of   for  a
motor vehicle not previously registered in this state that is
registered to an owner with an address in the jurisdiction of the
metropolitan planning organization  or   , the
 council of governments  , or the county transportation
commission and the subregional council of governments jointly
preparing a subregional sustainable communities strategy 
requesting imposition of the surcharge.
   (B) Upon renewal of registration of a motor vehicle to an owner
with an address in the jurisdiction of the metropolitan planning
organization  or council of governments   , the
council of governments, or the county transportation commission and
the subregional council of governments jointly preparing a
subregional sustainable communities strategy  requesting
imposition of the surcharge for which the registration period expires
after the date the department begins collecting the fee.
   (2) This subdivision applies to a motor vehicle subject to Part 5
(commencing with Section 43000) of Division 26 of the Health and
Safety Code, except a vehicle that is expressly exempted under this
code from the payment of registration fees. The department shall
begin collecting the fee on January 1 of the year immediately
following the date the department receives the request to do so from
the metropolitan planning organization or council of governments.
   (b) Prior to the adoption of a surcharge pursuant to this section,
the metropolitan planning organization  or council of
governments   , the council of governments, or the
county transportation commission and the subregional council of
governments jointly preparing a subregional sustainable communities
strategy  shall approve the imposition of the surcharge through
the adoption of a resolution, as specified in Section 65083 of the
Government Code.
   (c) The metropolitan planning organization or council of
governments shall pay for the costs identified by the department to
administer the surcharge. After deducting those costs, the department
shall transmit the surcharge revenue quarterly to the metropolitan
planning organization  or council of governments 
 , the council of governments, or the county transportation
commission and the subregional council of governments jointly
preparing a subregional sustainable communities strategy  .

   (d) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.