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 ASSEMBLY  JULY 9, 2009
	AMENDED IN ASSEMBLY  JUNE 23, 2009
	AMENDED IN SENATE  MAY 28, 2009
	AMENDED IN SENATE  APRIL 30, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 26, 2009

   An act to amend Section 65040.6 of, and to add Section 65083 to,
the Government Code, to amend Section 75125 of the Public Resources
Code, and to add Section 9250.6 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 plans. The bill would also require the council to
develop and propose recommendations to specified state agencies to
facilitate coordination between regional blueprint plans and
  ,  state growth and infrastructure funding plans
 ,  and programs that facilitate the implementation of
regional blueprint plans. The bill would further require the council
to report to the Legislature on regional performance measures, as
specified, and on the manner in which state agencies are implementing
the 5-year infrastructure plan. The  bill would require the
council to begin to perform the above functions and duties when
sufficient funding, as determined by the council, exists from the
revenue transmitted to it by metropolitan planning organizations,
councils of governments, or county transportation commissions and
subregional councils of governments jointly preparing subregional
sustainable communities strategies. 
    The  bill would  also  authorize a municipal
planning organization, as defined, 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 $1 or $2 on motor vehicles registered to an
owner with an address in the entity's or entities' jurisdiction 
, only if the metropolitan planning organization or the council of
governments adopts, or a county transportation commission and a
subregional council of governments jointly preparing a  
subregional sustainable communities strategy adopt, a resolution
authorizing the surcharge  . The surcharge would be required to
apply to an original vehicle registration occurring on or after 6
months following the adoption of the resolution, as specified, and to
a renewal of registration with an expiration date on or after that
6-month period. The surcharge 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 the metropolitan planning organization, the
council of governments,  the air district,  or the
county transportation commission and the subregional council of
governments jointly preparing a subregional sustainable communities
strategy to contract with the department to pay for the initial setup
and programming costs identified by the department, but would also
require these costs to be reimbursed from surcharge revenues
collected. The bill would require that all revenue received  by
the local air quality management district  pursuant to the above
provisions be used by the metropolitan planning organization, the
council of governments, 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 in order to achieve a
specified greenhouse gas emission reduction target  ; the
surcharge revenue that exceeds $1 in specified jurisdictions 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; and 5% of all the surcharge revenue be transmitted to
the council for performance of specified 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.

   The bill would authorize the Sacramento Metropolitan Air Quality
District and the Bay Area Air Quality Management District to impose a
surcharge of $1 on a motor vehicle registered to an owner with an
address within its jurisdiction. The surcharge would be authorized to
be imposed only if the air district adopts a resolution authorizing
it. The surcharge would apply to an original vehicle registration
occurring on or after 6 months following the adoption of the
resolution by the air district and to a renewal of registration with
an expiration date on or after that 6-month period. The bill would
require all revenue received pursuant to this surcharge to be used to
assist local and regional governments in reducing greenhouse gas
emissions.  
   The bill would state 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. 
   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).
   (3) Cooperation between regional and local governments and air
districts is essential to the achievement of the greenhouse gas
emission reductions envisioned in regional transportation plans.
   (4) Therefore, it is in the public interest that state residents,
communities, local governments, air districts, 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 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 plans.
   (5) Develop and propose recommendations to the Strategic Growth
Council, created pursuant to Section 75121 of the Public Resources
Code, the Department of General Services, the State Allocation Board,
the Department of Housing and Community Development, the California
Transportation Commission, and any other state agencies that affect
land use, housing, or transportation in order to facilitate
coordination between regional blueprint plans  and 
 ,  state growth and infrastructure funding plans  ,
 and programs that facilitate the implementation of regional
blueprint 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 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, a council of
governments, as defined in Section 65582, 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
may impose a surcharge of one dollar ($1) or 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, 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. The surcharge shall apply to an original vehicle
registration occurring on or after six months following the adoption
of the resolution by the metropolitan planning organization, council
of governments, or a county transportation commission and a
subregional council of governments jointly preparing a sustainable
communities strategy and to a renewal of registration with an
expiration date on or after that six-month period.
   (b) All revenue received pursuant to subdivision (a) shall be used
by the metropolitan planning organization, the council of
governments, 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   achieve the
greenhouse gas emission reduction target as   specified in
Section 65080, and to implement a sustainable communities strategy or
regional blueprint plan that achieves the greenhouse gas emission
reduction target as specified in Section 65080 . 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, 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 within
the Office of Planning and Research to perform the functions
specified in subdivision (f) of Section 65040.6. 
   (c) The Sacramento Metropolitan Air Quality Management District
and the Bay Area Air Quality Management District, as defined
respectively in Sections 40980 and 40220 of the Health and Safety
Code, may each impose a surcharge of one dollar ($1) pursuant to
Section 9250.6 of the Vehicle Code, on a motor vehicle registered to
an owner with an address within its jurisdiction. The surcharge shall
apply to an original vehicle registration occurring on or after six
months following the adoption of the resolution by the air district
and to a renewal of registration with an expiration date on or after
that six-month period.  
   (c) The metropolitan planning organization, the council of
governments, or a county transportation commission and a subregional
council of governments jointly preparing a subregional sustainable
communities strategy, may, pursuant to an agreement with the local
air quality management district that has responsibility over the
jurisdiction, divide revenues received pursuant to this section
jointly with the local air quality management district. 
   (d) All revenue received  by the local air quality management
district  pursuant to subdivision (c) shall be used to assist
local and regional governments in reducing greenhouse gas 
emissions, including, but   emissions.  
Appropriate manners of assistance include, but are  not limited
to, all of the following:
   (1) Assistance in the development of a subregional sustainable
communities strategy.
   (2) Assistance in the development of local greenhouse gas emission
inventories.
   (3) Assistance in the development of greenhouse gas emission
reduction strategies in general plans.
   (4) Development and assistance of CEQA guidelines and review of
greenhouse gas emissions in CEQA analyses.
   (5) Consultation and development of local climate action plans.
   (6) Project specific consultation work to reduce greenhouse gas
emissions from local transportation and land use decisions.
   (e) For purposes of this section, a sustainable communities
strategy and an alternative planning strategy shall both be
considered to be a regional blueprint.
  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) In addition to any other fees specified in this code,
the Health and Safety Code, and the Revenue and Taxation Code, a
surcharge of one dollar ($1) or two dollars ($2) may be imposed by a
metropolitan planning organization, 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.  In addition to any other fees
specified in this code, the Health and Safety Code, and the Revenue
and Taxation Code, a surcharge of one dollar ($1) may be imposed by
the Sacramento Metropolitan Air Quality Management District and the
Bay Area Air Quality Management District.  These fees shall
be paid to the department as follows:
   (1) Upon initial registration on or after the date the department
begins collecting the fee 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, the council of governments,  the air district,
 or the county transportation commission and the subregional
council of governments jointly preparing a subregional sustainable
communities strategy requesting imposition of the surcharge.
   (2) Upon renewal of registration of a motor vehicle to an owner
with an address in the jurisdiction of the metropolitan planning
organization, the council of governments,  the air district,
 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.
   (b) Prior to the adoption of a surcharge pursuant to this section,
the metropolitan planning organization, the council of governments,
 the air district,  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, the council of
governments,  the air district,  or the county
transportation commission and the subregional council of governments
jointly preparing a subregional sustainable communities strategy
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, the council of governments,  the air district,
 or the county transportation commission and the
subregional council of governments jointly preparing a subregional
sustainable communities strategy.
   (d) (1) The metropolitan planning organization, the council of
governments,  the air district,  or the county
transportation commission and the subregional council of governments
jointly preparing a subregional sustainable communities strategy
shall contract with the department to pay for the initial setup and
programming costs identified by the department.
   (2) These initial setup and programming costs shall be reimbursed
to the metropolitan planning organization, the council of
governments,  the air district,  or the county
transportation commission and the subregional council of governments
jointly preparing a subregional sustainable communities strategy from
surcharge revenues collected.