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  SEPTEMBER 1, 2009
	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 Sections 41081, 44223, and 44225
of the Health and Safety 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, 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. 
   Existing law authorizes a local air quality management district,
except the Sacramento district, that has been designated by the State
Air Resources Board as a state nonattainment area for any pollutant
emitted by motor vehicles to levy a fee of up to $6 on motor vehicles
registered within the district, subject to specified conditions.
Existing law also authorizes the board of the Sacramento district,
subject to specified provisions of law or with the approval of the
board of supervisors of each county included, in whole or in part,
within the district, to adopt a surcharge, not to exceed $6, on the
motor vehicle registration fees applicable to all motor vehicles
registered in those counties within the Sacramento district whose
boards of supervisors have adopted a resolution approving the
surcharge, subject to additional specified conditions.  
   The bill would provide that if the local air quality management
district, or the Sacramento district, as the case may be, requests an
increase in the fee or surcharge authorized by either of the above
provisions for the purpose of transferring the additional revenue
generated to a metropolitan planning organization, a council of
governments, or a county transportation commission and a subregional
council of governments jointly preparing a sustainable communities
strategy, the district, or Sacramento district, would not be subject
to the conditions on the authorizations contained in the above
provisions. 
    The bill would  also authorize   require
upon the request of  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 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   a district, or the
Sacramento district, to request that the Department of Motor Vehicles
increase the fee on motor vehicles within the district, or the
surcharge on motor vehicles registered in those counties within the
Sacramento district, as the case may be, by $1 or $2. The bill would
require the department to transmit the additional fee revenue to the
district quarterly, after deducting its costs incurred in
administering the additional fee from that revenue. Upon receipt of
the additional fee revenue the district would be required to transfer
a portion of that revenue according to an agreement to divide this
revenue between the district and the metropolitan planning
organization, council of governments, or the county transportation
commission and the subregional council of governments jointly
preparing a subregional sustainable communities strategy that
requested   the district initiate the fee, if that agreement
has occurred, after deducting its own reasonable admistrative costs
not to exceed 2   percent of the total additional revenue
received by the district, to the metropolitan planning organization,
the council of governments, or the county transportation commission
and subregional council of governments jointly preparing a
subregional sustainable communities strategy that requested that the
district initiate the fee increase. The bill would authorize the
additional fee amount to be authorized only if the metropolitan
planning organization, the council of governments, or the county
transportation commission and the subregional council of governments
jointly preparing a subregional sustainable communities strategy
adopts a resolution, as specified, authorizing the additional fee.
The bill would require the additional fee to apply to an original
vehicle registration occurring on or after 6 months following the
adoption of the resolution, and to a renewal of registration with an
expiration date on or after that 6-month period.  The 
surcharge   additional  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, 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  pursuant to the
above provisions  solely to develop 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 to
carry out applicable transportation-related activities necessary to
implement the plan,  in order to achieve a specified greenhouse
gas emission reduction target  ; the surcharge  
. The bill would also additional fee  revenue that exceeds $1
in specified jurisdictions be used to provide grants to cities,
counties,  and  cities and counties  , and
congestion management agencies  for planning and projects
related to the implementation of a regional blueprint plan  .
  ;   ,  and 5% of all the 
surcharge  revenue  it receives from the first $1 of the
additional fee imposed to  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. 
 By adding to the duties of local air quality management
districts, this bill would impose a state-mandated local program.

   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. 
   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 no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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
Department of Transportation,  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, 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   Upon the request of 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   , a local air quality  
management district shall request that the Department of Motor
Vehicles increase the fee imposed by Section 9250.2 or 9250.17 of the
Vehicle Code by  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   The department shall transmit
the additional fee revenue to the local air quality management
district quarterly, after deducting its costs incurred in
administering the additional fee from that revenue. Upon receipt of
the additional fee revenue from the department, the local air quality
management district shall transfer a portion of that revenue,
pursuant to the agreement described in subdivision (c) after
deducting its own reasonable administrative costs not to exceed 2
percent of   the total additional fee revenue received by
the local air quality management district, to the metropolitan
planning organization, the council of governments, or the county
transportation commission and subregional council of governments
jointly preparing a subregional sustainable communities strategy that
requested that the local air quality management district initiate
the fee increase. The additional fee amount may be authorized 
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   additional fee amount  . A resolution
by the Metropolitan Transportation Commission or the Association of
Bay Area Governments to  impose the surcharge  
authorize the additional fee amount  shall be jointly adopted by
resolution of both of those entities, and the revenue from the
 surcharge   additional fee amount  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   additional fee amount 
shall be divided in accordance with an agreement between the two
entities. The  surcharge   additional fee 
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 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 
carry out applicable transportation-related activities necessary to
implement the plan, and  thereby 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  
additional fee  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   cities and counties, and
congestion management agencies  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 
 revenue it receives from the first one dollar ($1) of the
additional fee   imposed pursuant to this section  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 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.
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 41081 of the   Health and
Safety Code   , as amended by Section 2 of Chapter 707 of
the Statutes of 2004, is amended to read: 
   41081.  (a) Subject to Article 3.7 (commencing with Section 53720)
of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government
Code, or with the approval of the board of supervisors of each county
included, in whole or in part, within the Sacramento district, the
Sacramento district board may adopt a surcharge on the motor vehicle
registration fees applicable to all motor vehicles registered in
those counties within the Sacramento district whose boards of
supervisors have adopted a resolution approving the surcharge. The
surcharge shall be collected by the Department of Motor Vehicles and,
after deducting the department's administrative costs, the remaining
funds shall be transferred to the Sacramento district. Prior to the
adoption of any surcharge pursuant to this subdivision, the district
board shall make a finding that any funds allocated to the district
as a result of the adoption of a county transportation sales and use
tax are insufficient to carry out the purposes of this chapter.
   (b) The surcharge shall not exceed six dollars ($6).
   (c) After consulting with the Department of Motor Vehicles on the
feasibility thereof, the Sacramento district board may provide, in
the surcharge adopted pursuant to subdivision (a), to exempt from all
or part of the surcharge any category of low-emission motor vehicle.

   (d) Funds received by the Sacramento district pursuant to this
section shall be used by that district as follows:
   (1) The revenues resulting from the first four dollars ($4) of
each surcharge shall be used to implement reductions in emissions
from vehicular sources, including, but not limited to, a clean fuels
program and motor vehicle use reduction measures.
   (2) The revenues resulting from the next two dollars ($2) of each
surcharge shall be used to implement the following programs that
achieve emission reductions from vehicular sources and off-road
engines, to the extent that the district determines the program
remediates air pollution harms created by motor vehicles on which the
surcharge is imposed:
   (i) Projects eligible for grants under the Carl Moyer Memorial Air
Quality Standards Attainment Program (Chapter 9 (commencing with
Section 44275) of Part 5).
   (ii) The new purchase, retrofit, repower, or add-on of equipment
for previously unregulated agricultural sources of air pollution, as
defined in Section 39011.5, within the Sacramento district, for a
minimum of three years from the date of adoption of an applicable
rule or standard, or until the compliance date of that rule or
standard, whichever is later, if the state board has determined that
the rule or standard complies with Sections 40913, 40914, and
41503.1, after which period of time, a new purchase, retrofit,
repower, or add-on of equipment shall not be funded pursuant to this
chapter. The district shall follow any guidelines developed under
subdivision (a) of Section 44287 for awarding grants under this
program.
   (iii) The new purchase of schoolbuses pursuant to the
Lower-Emission School Bus Program adopted by the state board.
   (iv) An accelerated vehicle retirement or repair program that is
adopted by the state board pursuant to authority granted hereafter by
the Legislature by statute.
   (e) Not more than 5 percent of the funds collected pursuant to
this section shall be used by the district for administrative
expenses.
   (f) No project funded by the program shall be used for credit
under any state or federal emissions averaging, banking, or trading
program. No emission reduction generated by the program shall be used
as marketable emission reduction credits or to offset any emission
reduction obligation of any person or entity. Projects involving new
engines that would otherwise generate marketable credits under state
or federal averaging, banking, and trading programs shall include
transfer of credits to the engine end user and retirement of those
credits toward reducing air emissions in order to qualify for funding
under the program. A purchase of a low-emission vehicle or of
equipment pursuant to a corporate or a controlling board's policy,
but not otherwise required by law, shall generate surplus emissions
reductions and may be funded by the program.
   (g) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date. 
   (h) If the Sacramento district requests an increase in the
surcharge authorized by subdivision (a) for the purpose of
transferring the additional revenue generated to a metropolitan
planning organization, a council of governments, or a county
transportation commission and a subregional council of governments
jointly preparing a sustainable communities strategy, the Sacramento
district shall not be subject to the conditions on that authorization
contained in this section. 
   SEC. 5.    Section 44223 of the   Health and
Safety Code   is amended to read: 
   44223.  (a)  In addition to any other fees specified in this code,
the Vehicle Code, and the Revenue and Taxation Code, a district,
except the Sacramento district, which has been designated by the
state board as a state nonattainment area for any pollutant emitted
by motor vehicles may levy a fee of up to two dollars ($2) on motor
vehicles registered within the district. A district may impose the
fee only if the district board adopts a resolution providing for both
the fee and a corresponding program for the reduction of air
pollution from motor vehicles pursuant to, and for related planning,
monitoring, enforcement, and technical studies necessary for the
implementation of, the California Clean Air Act of 1988 (Chapter 1568
of the Statutes of 1988).
   (b)  In districts with nonelected officials on their boards, a
resolution adopted pursuant to subdivision (a) shall be approved by
both a majority of the board and a majority of the board members who
are elected officials.
   (c)  A fee imposed pursuant to this section shall become effective
on either April 1 or October 1, as provided in the resolution
adopted by the board pursuant to subdivision (a). 
   (d) If a district requests an increase in the surcharge authorized
by subdivision (a) for the purpose of transferring the additional
revenue generated to a metropolitan planning organization, a council
of governments, or a county transportation commission and a
subregional council of governments jointly preparing a sustainable
communities strategy, the district shall not be subject to the
conditions on that authorization contained in this section. 
   SEC. 6.    Section 44225 of the   Health and
Safety Code   , as amended by Section 3 of Chapter 707 of
the Statutes of 2004,   is amended to read: 
   44225.  A district may increase the fee established under Section
44223 to up to six dollars ($6). A district may increase the fee only
if the following conditions are met:
   (a) A resolution providing for both the fee increase and a
corresponding program for expenditure of the increased fees for the
reduction of air pollution from motor vehicles pursuant to, and for
related planning, monitoring, enforcement, and technical studies
necessary for the implementation of, the California Clean Air Act of
1988 is adopted and approved by the governing board of the district.
   (b) In districts with nonelected officials on their governing
boards, the resolution shall be adopted and approved by both a
majority of the governing board and a majority of the board members
who are elected officials.
   (c) An increase in fees established pursuant to this section shall
become effective on either April 1 or October 1, as provided in the
resolution adopted by the board pursuant to subdivision (a).
   (d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date. 
   (e) If a district requests an increase in the surcharge authorized
by subdivision (a) for the purpose of transferring the additional
revenue generated to a metropolitan planning organization, a council
of governments, or a county transportation commission and a
subregional council of governments jointly preparing a sustainable
communities strategy, the district shall not be subject to the
conditions on that authorization contained in this section. 
   SEC. 4.   SEC. 7.   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.   SEC. 8.   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. 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, 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, 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,
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, 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, or the county
transportation commission and the subregional council of governments
jointly preparing a subregional sustainable communities strategy.
  The department shall, if requested by a local air
quality management   district pursuant to Section 65083 of
the Government Code and Section 9250.2 or 9250.17, collect an
additional fee of one dollar ($1) or two dollars ($2), and transmit
that additional fee revenue to the local air quality management
district quarterly, after deducting its costs incurred in
administering the additional fee from that revenue.  
   (d) 
    (b)  (1) The metropolitan planning organization, the
council of governments, or the county transportation commission and
the subregional council of governments jointly preparing a
subregional sustainable communities strategy  and the local air
quality management district  shall contract with the department
to pay for the initial setup and programming costs identified by the
department.  For an agency that is not the first agency to
authorize the additional fee, the department shall require an
additional amount to reflect each agency's per capita share of the
setup costs if the costs for the first agency are substantially
higher than those for subsequent agencies. These additional amounts
shall be paid to the first agency establishing the additional fee.

   (2) These initial setup and programming costs shall be reimbursed
to the metropolitan planning organization, the council of
governments, or the county transportation commission and the
subregional council of governments jointly preparing a subregional
sustainable communities strategy from  surcharge revenues
  the additional fee revenue  collected.