SECTIONS 65040-65040.12 - California Statutes

GOVERNMENT CODE

SECTION 65040-65040.12

65040. 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. In
this capacity the office shall:
(a) 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.
(b) 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.
(c) In conjunction with the council, 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 assure that all state policies and programs
conform to the adopted land use planning goals and programs.
(d) 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.
(e) Coordinate the development of policies and criteria to ensure
the federal grants-in-aid administered or directly expended by state
government advance statewide environmental goals and objectives.
(f) Coordinate the development and operation of a statewide
environmental monitoring system to assess the implications of present
growth and development trends on the environment and to identify at
an early time, potential threats to public health, natural resources
and environmental quality.
(g) 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.
(h) 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.
(i) 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.
(j) 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.
(k) 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.
(l) Encourage the formation and proper functioning of, and provide
planning assistance to, city, county, district, and regional
planning agencies.
(m) Assist local government in land use planning.

65040.1. In developing a land use policy for the state, the Office
of Planning and Research shall cooperate with the Department of
Transportation and other federal, state, regional, and local agencies
in their development of a viable, feasible, and attainable
long-range master plan for aviation that will provide a framework for
discussions, a program of accomplishments, and a means to resolve
the complex problems of air transportation in California. Such policy
and plan shall be guided by the environmental goals and policies of
the State Environmental Goals and Policy Report (Section 65041).
The office shall advise the Legislature, from time to time, of
long-range budgetary projections of the state's share of the costs
relating to the development of new airports and related communities.
The projections and information relating to airports shall be
provided by the Department of Transportation.
It is the intent of the Legislature that society not be compelled
to tolerate environmental pollution and that there be provided a
level of air service acceptable to society without unacceptable costs
in terms of pollution, congestion, or dollars.

65040.2. (a) In connection with its responsibilities under
subdivision (l) of Section 65040, the office 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 office
shall adopt guidelines for those elements within six months of the
effective date of the legislation requiring those additional
elements.
(b) The office 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 office 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 office shall consider how
appropriate accommodation varies depending on its transportation and
land use context, including urban, suburban, or rural environments.
(2) The office 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 office shall provide for regular review and revision of
the guidelines established pursuant to this section.

65040.3. When requested by a local or regional agency, the office
may furnish information and technical and professional advice on the
preparation, adoption, amendment, and implementation of general
plans, specific plans, or other local or regional plans, the
preparation, adoption, amendment, and enforcement of regulations,
procedures, programs, and legislation required for the implementation
of local or regional plans, and information and technical and
professional advice concerning planning problems.

65040.4. (a) The office shall divide the state into regional
planning districts. Insofar as possible, the districts shall be
established to include:
(1) Natural physiographical regions containing complete watersheds
of major streams, and the land upon which the waters of such
watersheds are put to beneficial use.
(2) Areas having mutual, social, environmental, and commercial
interests as exemplified by connecting routes of transportation, by
trade and by common use of open space and recreation areas within the
region.
(b) The regional planning districts established by the Council on
Intergovernmental Relations pursuant to former Section 34216 shall
remain in effect as the regional planning districts of the office
until changed by the office.

65040.5. (a) The office shall notify a city or county with a
general plan that has not been revised within eight years.
(b) The office shall notify the Attorney General if a general plan
of a city or county has not been revised within ten years.

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 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.
(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.

65040.8. The Office of Planning and Research shall develop a
housing cost manual which may be used by local agencies in assessing
the impact on housing costs of alternative land use proposals and
land use regulatory programs of local agencies and as an aid in
evaluating private land use proposals.
The manual shall present economic and technical criteria for local
agencies to use in developing or acting on, or both, general plan
elements, zoning regulations, subdivision map regulations,
alternative land use proposals and policies, and private land use
proposals. The manual shall include a step-by-step program which
local agencies may follow, including, but not limited to, sources of
data, methods of summarizing and using the data, formulas for
evaluating the impacts on housing costs of land use and land use
regulatory decisions, and a guideline on how to prepare a single
statement of results.
The Office of Planning and Research shall complete the housing
cost manual required by this section by January 1, 1981.

65040.9. (a) On or before January 1, 2004, the Office of Planning
and Research shall, if sufficient federal funds become available for
this purpose, prepare and publish an advisory planning handbook for
use by local officials, planners, and builders that explains how to
reduce land use conflicts between the effects of civilian development
and military readiness activities carried out on military
installations, military operating areas, military training areas,
military training routes, and military airspace, and other territory
adjacent to those installations and areas.
(b) At a minimum, the advisory planning handbook shall include
advice regarding all of the following:
(1) The collection and preparation of data and analysis.
(2) The preparation and adoption of goals, policies, and
standards.
(3) The adoption and monitoring of feasible implementation
measures.
(4) Methods to resolve conflicts between civilian and military
land uses and activities.
(5) Recommendations for cities and counties to provide drafts of
general plan and zoning changes that may directly impact military
facilities, and opportunities to consult with the military base
personnel prior to approving development adjacent to military
facilities.
(c) In preparing the advisory planning handbook, the office shall
collaborate with the Office of Military Base Retention and Reuse and
the Business, Transportation and Housing Agency. The office shall
consult with persons and organizations with knowledge and experience
in land use issues affecting military installations and activities.
(d) The office may accept and expend any grants and gifts from any
source, public or private, for the purposes of this section.

65040.10. As used in this article, "State Clearinghouse" means the
office of that name established by executive action of the Governor
or any successor office designated by the Governor as the
clearinghouse for information from the Office of Management and
Budget in accordance with the Intergovernmental Cooperation Act of
1968 (P.L. 90-577).

65040.11. The "State Clearinghouse" shall submit such information
acquired by it pursuant to the application of the Intergovernmental
Cooperation Act of 1968 (P.L. 90-577) to an agency designated for
that purpose by concurrent resolution of the Legislature.

65040.12. (a) The office shall be the coordinating agency in state
government for environmental justice programs.
(b) The director shall do all of the following:
(1) Consult with the Secretaries of the California Environmental
Protection Agency, the Resources Agency, and the Business,
Transportation and Housing Agency, the Working Group on Environmental
Justice established pursuant to Section 72002 of the Public
Resources Code, any other appropriate state agencies, and all other
interested members of the public and private sectors in this state.
(2) Coordinate the office's efforts and share information
regarding environmental justice programs with the Council on
Environmental Quality, the United States Environmental Protection
Agency, the General Accounting Office, the Office of Management and
Budget, and other federal agencies.
(3) Review and evaluate any information from federal agencies that
is obtained as a result of their respective regulatory activities
under federal Executive Order 12898, and from the Working Group on
Environmental Justice established pursuant to Section 72002 of the
Public Resources Code.
(c) When it adopts its next edition of the general plan guidelines
pursuant to Section 65040.2, but in no case later than July 1, 2003,
the office shall include guidelines for addressing environmental
justice matters in city and county general plans. The office shall
hold at least one public hearing prior to the release of any draft
guidelines, and at least one public hearing after the release of the
draft guidelines. The hearings may be held at the regular meetings of
the Planning Advisory and Assistance Council.
(d) The guidelines developed by the office pursuant to subdivision
(c) shall recommend provisions for general plans to do all of the
following:
(1) Propose methods for planning for the equitable distribution of
new public facilities and services that increase and enhance
community quality of life throughout the community, given the fiscal
and legal constraints that restrict the siting of these facilities.
(2) Propose methods for providing for the location, if any, of
industrial facilities and uses that, even with the best available
technology, will contain or produce material that, because of its
quantity, concentration, or physical or chemical characteristics,
poses a significant hazard to human health and safety, in a manner
that seeks to avoid over-concentrating these uses in proximity to
schools or residential dwellings.
(3) Propose methods for providing for the location of new schools
and residential dwellings in a manner that seeks to avoid locating
these uses in proximity to industrial facilities and uses that will
contain or produce material that because of its quantity,
concentration, or physical or chemical characteristics, poses a
significant hazard to human health and safety.
(4) Propose methods for promoting more livable communities by
expanding opportunities for transit-oriented development so that
residents minimize traffic and pollution impacts from traveling for
purposes of work, shopping, schools, and recreation.
(e) For the purposes of this section, "environmental justice"
means the fair treatment of people of all races, cultures, and
incomes with respect to the development, adoption, implementation,
and enforcement of environmental laws, regulations, and policies.