United States — California Code

United States — California legislation

Government Code, 1943

This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate.…

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01

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“This act is named the Government Code.”

This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Section 65006.

Section 65040.4.

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Section 65080.5.

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Source record from leginfo.legislature.ca.gov · Enacted 1943

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Amendment 128Repeal 57Provision 10Commencement 5
§ 65006.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions [65000 - 65010] ( Heading of Chapter 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 33. )Amendment

This section says Chapters 1, 2, and 3 continue the Conservation and Planning Act, and prior lawful acts under that act or earlier laws remain effective and satisfy those chapters’ requirements.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions [65000 - 65010] ( Heading of Chapter 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 33. ) ## 65006. Chapters 1, 2, and 3 of this title are a continuation of the Conservation and Planning Act and any acts lawfully performed pursuant to such act or its predecessors, including but not limited to the adoption of master and official or precise plans and the creation of planning commissions, are continued in effect and deemed to fulfill the requirements of Chapters 1, 2, and 3 of this title. (Amended by Stats. 1956, 1st Ex. Sess., Ch. 33.)
Section 65006.Verify source
§ 65007.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions [65000 - 65010] ( Heading of Chapter 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 33. )Amendment

This section defines flood-planning terms and requires a local flood management agency to give information to state flood authorities and report annually.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions [65000 - 65010] ( Heading of Chapter 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 33. ) ## 65007. As used in this title, the following terms have the following meanings, unless the context requires otherwise: (a) “Adequate progress” means all of the following: (1) The total project scope, schedule, and cost of the completed flood protection system have been developed to meet the appropriate standard of protection. (2) (A) Revenues that are sufficient to fund each year of the project schedule developed in paragraph (1) have been identified and, in any given year and consistent with that schedule, at least 90 percent of the revenues scheduled to be received by that year have been appropriated and are currently being expended. (B) Notwithstanding subparagraph (A), for any year in which state funding is not appropriated consistent with an agreement between a state agency and a local flood management agency, the Central Valley Flood Protection Board may find that the local flood management agency is making adequate progress in working toward the completion of the flood protection system. (3) Critical features of the flood protection system are under construction, and each critical feature is progressing as indicated by the actual expenditure of the construction budget funds. (4) The city or county has not been responsible for a significant delay in the completion of the system. (5) The local flood management agency shall provide the Department of Water Resources and the Central Valley Flood Protection Board with the information specified in this subdivision sufficient to determine substantial completion of the required flood protection. The local flood management agency shall annually report to the Central Valley Flood Protection Board on the efforts in working toward completion of the flood protection system. (b) “Central Valley Flood Protection Plan” has the same meaning as that set forth in Section 9612 of the Water Code. (c) “Developed area” has the same meaning as that set forth in Section 59.1 of Title 44 of the Code of Federal Regulations. (d) “Flood hazard zone” means an area subject to flooding that is delineated as either a special hazard area or an area of moderate hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency. The identification of flood hazard zones does not imply that areas outside the flood hazard zones, or uses permitted within flood hazard zones, will be free from flooding or flood damage. (e) “National Federal Emergency Management Agency standard of flood protection” means the level of flood protection that is necessary to withstand flooding that has a 1-in-100 chance of occurring in any given year using criteria developed by the Federal Emergency Management Agency for application in the National Flood Insurance Program. (f) “Nonurbanized area” means a developed area or an area outside a developed area in which there are fewer than 10,000 residents that is not an urbanizing area. (g) “Project levee” means any levee that is part of the facilities of the State Plan of Flood Control. (h) “Sacramento-San Joaquin Valley” means lands in the bed or along or near the banks of the Sacramento River or San Joaquin River, or their tributaries or connected therewith, or upon any land adjacent thereto, or within the overflow basins thereof, or upon land susceptible to overflow therefrom. The Sacramento-San Joaquin Valley does not include lands lying within the Tulare Lake basin, including the Kings River. (i) “State Plan of Flood Control” has the same meaning as that set forth in subdivision (j) of Section 5096.805 of the Public Resources Code. (j) “Tulare Lake basin” means the Tulare Lake Hydrologic Region as defined in the California Water Plan Update 2009, prepared by the Department of Water Resources pursuant to Chapter 1 (commencing with Section 10004) of Part 1.5 of Division 6 of the Water Code. (k) “Undetermined risk area” means an urban or urbanizing area within a moderate flood hazard zone, as delineated on an official flood insurance rate map issued by the Federal Emergency Management Agency, which has not been determined to have an urban level of protection. (l) “Urban area” means a developed area in which there are 10,000 residents or more. (m) “Urbanizing area” means a developed area or an area outside a developed area that is planned or anticipated to have 10,000 residents or more within the next 10 years. (n) “Urban level of flood protection” means the level of protection that is necessary to withstand flooding that has a 1-in-200 chance of occurring in any given year using criteria consistent with, or developed by, the Department of Water Resources. “Urban level of flood protection” shall not mean shallow flooding or flooding from local drainage that meets the criteria of the national Federal Emergency Management Agency standard of flood protection. (Amended by Stats. 2012, Ch. 554, Sec. 1. (AB 1965) Effective January 1, 2013.)
Section 65007.Verify source
§ 65008.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions [65000 - 65010] ( Heading of Chapter 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 33. )Amendment

Local governments may not discriminate against or impose certain burdens on residential developments and emergency shelters on the listed grounds, and some prohibited actions can make an approval or disapproval null and void.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions [65000 - 65010] ( Heading of Chapter 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 33. ) ## 65008. (a) Any action pursuant to this title by any city, county, city and county, or other local governmental agency in this state is null and void if it denies to any individual or group of individuals the enjoyment of residence, landownership, tenancy, or any other land use in this state because of any of the following reasons: (1) (A) The lawful occupation, age, or any characteristic of the individual or group of individuals listed in subdivision (a) or (d) of Section 12955, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2. (B) Notwithstanding subparagraph (A), with respect to familial status, subparagraph (A) shall not be construed to apply to housing for older persons, as defined in Section 12955.9. With respect to familial status, nothing in subparagraph (A) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of the Civil Code, and subdivisions (n), (o), and (p) of Section 12955 of this code shall apply to subparagraph (A). (2) The method of financing of any residential development of the individual or group of individuals. (3) The intended occupancy of any residential development by persons or families of very low, low, moderate, or middle income. (b) (1) No city, county, city and county, or other local governmental agency shall, in the enactment or administration of ordinances pursuant to any law, including this title, prohibit or discriminate against any residential development or emergency shelter for any of the following reasons: (A) Because of the method of financing. (B) (i) Because of the lawful occupation, age, or any characteristic listed in subdivision (a) or (d) of Section 12955, as those characteristics are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the owners or intended occupants of the residential development or emergency shelter. (ii) Notwithstanding clause (i), with respect to familial status, clause (i) shall not be construed to apply to housing for older persons, as defined in Section 12955.9. With respect to familial status, nothing in clause (i) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of the Civil Code, and subdivisions (n), (o), and (p) of Section 12955 of this code shall apply to clause (i). (C) Because the development or shelter is intended for occupancy by persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or persons and families of middle income. (D) Because the development consists of a multifamily residential project that is consistent with both the jurisdiction’s zoning ordinance and general plan as they existed on the date the application was deemed complete, except that a project shall not be deemed to be inconsistent with the zoning designation for the site if that zoning designation is inconsistent with the general plan only because the project site has not been rezoned to conform with a more recently adopted general plan. (2) The discrimination prohibited by this subdivision includes the denial or conditioning of a residential development or shelter because of, in whole or in part, either of the following: (A) The method of financing. (B) The occupancy of the development by persons protected by this subdivision, including, but not limited to, persons and families of very low, low, or moderate income. (3) A city, county, city and county, or other local government agency may not, pursuant to subdivision (d) of Section 65589.5, disapprove a housing development project or condition approval of a housing development project in a manner that renders the project infeasible if the basis for the disapproval or conditional approval includes any of the reasons prohibited in paragraph (1) or (2). (c) For the purposes of this section, “persons and families of middle income” means persons and families whose income does not exceed 150 percent of the median income for the county in which the persons or families reside. (d) (1) No city, county, city and county, or other local governmental agency may impose different requirements on a residential development or emergency shelter that is subsidized, financed, insured, or otherwise assisted by the federal or state government or by a local public entity, as defined in Section 50079 of the Health and Safety Code, than those imposed on nonassisted developments, except as provided in subdivision (e). The discrimination prohibited by this subdivision includes the denial or conditioning of a residential development or emergency shelter based in whole or in part on the fact that the development is subsidized, financed, insured, or otherwise assisted as described in this paragraph. (2) (A) No city, county, city and county, or other local governmental agency may, because of the lawful occupation age, or any characteristic of the intended occupants listed in subdivision (a) or (d) of Section 12955, as those characteristics are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 or because the development is intended for occupancy by persons and families of very low, low, moderate, or middle income, impose different requirements on these residential developments than those imposed on developments generally, except as provided in subdivision (e). (B) Notwithstanding subparagraph (A), with respect to familial status, subparagraph (A) shall not be construed to apply to housing for older persons, as defined in Section 12955.9. With respect to familial status, nothing in subparagraph (A) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of the Civil Code, and subdivisions (n), (o), and (p) of Section 12955 of this code shall apply to subparagraph (A). (e) Notwithstanding subdivisions (a) to (d), inclusive, this section and this title do not prohibit either of the following: (1) The County of Riverside from enacting and enforcing zoning to provide housing for older persons, in accordance with state or federal law, if that zoning was enacted prior to January 1, 1995. (2) Any city, county, or city and county from extending preferential treatment to residential developments or emergency shelters assisted by the federal or state government or by a local public entity, as defined in Section 50079 of the Health and Safety Code, or other residential developments or emergency shelters intended for occupancy by persons and families of low and moderate income, as defined in Section 50093 of the Health and Safety Code, or persons and families of middle income, or agricultural employees, as defined in subdivision (b) of Section 1140.4 of the Labor Code, and their families. This preferential treatment may include, but need not be limited to, reduction or waiver of fees or changes in architectural requirements, site development and property line requirements, building setback requirements, or vehicle parking requirements that reduce development costs of these developments. (f) For purposes of this section, both of the following shall apply: (1) “Method of financing” includes the eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code. (2) “Residential development” means a single-family residence or a multifamily residence, including manufactured homes, as defined in Section 18007 of the Health and Safety Code. (g) This section shall apply to chartered cities. (h) The Legislature finds and declares that discriminatory practices that inhibit the development of housing for persons and families of very low, low, moderate, and middle incomes, or emergency shelters for the homeless, are a matter of statewide concern. (Amended by Stats. 2019, Ch. 665, Sec. 2. (AB 1743) Effective January 1, 2020.)
Section 65008.Verify source
§ 65009.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions [65000 - 65010] ( Heading of Chapter 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 33. )Commencement

This section sets deadlines and notice rules for court challenges to certain land use and housing decisions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions [65000 - 65010] ( Heading of Chapter 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 33. ) ## 65009. (a) (1) The Legislature finds and declares that there currently is a housing crisis in California and it is essential to reduce delays and restraints upon expeditiously completing housing projects. (2) The Legislature further finds and declares that a legal action or proceeding challenging a decision of a city, county, or city and county has a chilling effect on the confidence with which property owners and local governments can proceed with projects. Legal actions or proceedings filed to attack, review, set aside, void, or annul a decision of a city, county, or city and county pursuant to this division, including, but not limited to, the implementation of general plan goals and policies that provide incentives for affordable housing, open-space and recreational opportunities, and other related public benefits, can prevent the completion of needed developments even though the projects have received required governmental approvals. (3) The purpose of this section is to provide certainty for property owners and local governments regarding decisions made pursuant to this division. (b) (1) In an action or proceeding to attack, review, set aside, void, or annul a finding, determination, or decision of a public agency made pursuant to this title at a properly noticed public hearing, the issues raised shall be limited to those raised in the public hearing or in written correspondence delivered to the public agency prior to, or at, the public hearing, except where the court finds either of the following: (A) The issue could not have been raised at the public hearing by persons exercising reasonable diligence. (B) The body conducting the public hearing prevented the issue from being raised at the public hearing. (2) If a public agency desires the provisions of this subdivision to apply to a matter, it shall include in any public notice issued pursuant to this title a notice substantially stating all of the following: “If you challenge the (nature of the proposed action) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the (public entity conducting the hearing) at, or prior to, the public hearing.” (3) The application of this subdivision to causes of action brought pursuant to subdivision (d) applies only to the final action taken in response to the notice to the city or clerk of the board of supervisors. If no final action is taken, then the issue raised in the cause of action brought pursuant to subdivision (d) shall be limited to those matters presented at a properly noticed public hearing or to those matters specified in the notice given to the city or clerk of the board of supervisors pursuant to subdivision (d), or both. (c) (1) Except as provided in subdivision (d), no action or proceeding shall be maintained in any of the following cases by any person unless the action or proceeding is commenced and service is made on the legislative body within 90 days after the legislative body’s decision: (A) To attack, review, set aside, void, or annul the decision of a legislative body to adopt or amend a general or specific plan. This paragraph does not apply where an action is brought based upon the complete absence of a general plan or a mandatory element thereof, but does apply to an action attacking a general plan or mandatory element thereof on the basis that it is inadequate. (B) To attack, review, set aside, void, or annul the decision of a legislative body to adopt or amend a zoning ordinance. (C) To determine the reasonableness, legality, or validity of any decision to adopt or amend any regulation attached to a specific plan. (D) To attack, review, set aside, void, or annul the decision of a legislative body to adopt, amend, or modify a development agreement. An action or proceeding to attack, review, set aside, void, or annul the decisions of a legislative body to adopt, amend, or modify a development agreement shall only extend to the specific portion of the development agreement that is the subject of the adoption, amendment, or modification. This paragraph applies to development agreements, amendments, and modifications adopted on or after January 1, 1996. (E) To attack, review, set aside, void, or annul any decision on the matters listed in Sections 65901 and 65903, or to determine the reasonableness, legality, or validity of any condition attached to a variance, conditional use permit, or any other permit. (F) Concerning any of the proceedings, acts, or determinations taken, done, or made prior to any of the decisions listed in subparagraphs (A), (B), (C), (D), and (E). (2) In the case of an action or proceeding challenging the adoption or revision of a housing element pursuant to this subdivision, the action or proceeding may, in addition, be maintained if it is commenced and service is made on the legislative body within 60 days following the date that the Department of Housing and Community Development reports its findings pursuant to subdivision (h) of Section 65585. (d) (1) An action or proceeding shall be commenced and the legislative body served after the accrual of the cause of action as provided in this subdivision, if the action or proceeding meets both of the following requirements: (A) It is brought in support of or to encourage or facilitate the development of housing that would increase the community’s supply of housing affordable to persons and families with low or moderate incomes, as defined in Section 50079.5 of the Health and Safety Code, or with very low incomes, as defined in Section 50105 of the Health and Safety Code, or middle-income households, as defined in Section 65008 of this code. This subdivision is not intended to require that the action or proceeding be brought in support of or to encourage or facilitate a specific housing development project. (B) It is brought with respect to the adoption or revision of a housing element pursuant to Article 10.6 (commencing with Section 65580) of Chapter 3, actions taken pursuant to Section 65863.6, or Chapter 4.2 (commencing with Section 65913), or to challenge the adequacy of an ordinance adopted pursuant to Section 65915. (2) (A) An action or proceeding challenging the adoption or revision of a housing element that the Department of Housing and Community Development has found to substantially comply with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 shall be commenced, and the legislative body shall be served, within six months after the accrual of the cause of action as provided in this subdivision. (B) An action or proceeding challenging the adoption or revision of a housing element that the Department of Housing and Community Development has found does not substantially comply with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3, where the legislative body has failed to change the draft element or amendment to substantially comply with the requirements of Article 10.6 or has adopted the draft element or amendment without change and made findings pursuant to subdivision (f) of Section 65585, shall be commenced, and the legislative body shall be served, within one year after the accrual of the cause of action as provided in this subdivision. (C) An action or proceeding challenging an action taken pursuant to Section 65863.6, or Chapter 4.2 (commencing with Section 65913), or to challenge the adequacy of an ordinance adopted pursuant to Section 65915 shall be served within 180 days after the accrual of the cause of action as provided in this subdivision. (3) (A) A cause of action brought pursuant to this subdivision shall not be maintained until 60 days have expired following notice to the city or clerk of the board of supervisors by the party bringing the cause of action, or the party’s representative, specifying the deficiencies of the general plan, specific plan, zoning ordinance, or other action described in subparagraph (B) of paragraph (1). A cause of action brought pursuant to this subdivision shall accrue 60 days after notice is filed or the legislative body takes a final action in response to the notice, whichever occurs first. (B) This notice may be filed at any time within 270 days after an action described in subparagraph (A) of paragraph (2), two years after an action described in subparagraph (B) of paragraph (2), or 180 days after an action described in subparagraph (C) of paragraph (2). (4) A notice or cause of action brought by one party pursuant to this subdivision shall not bar filing of a notice and initiation of a cause of action by any other party. (5) After the adoption of a housing element covering the current planning period, no action shall be filed pursuant to this subdivision to challenge a housing element covering a prior planning period. (e) Upon the expiration of the time limits provided for in this section, all persons are barred from any further action or proceeding. (f) (1) The period of time before a permit or project approval issued by a city, county, or state agency expires shall not include the period of time during which an action or proceeding involving the approval or conditional approval of the permit or project approval is or was pending. (2) For purposes of this subdivision: (A) “Pending” means the same as described in Section 1049 of the Code of Civil Procedure. (B) “Permit” means a variance, conditional use permit, or any other development permit, but does not include any of the following: (i) A building permit or other permit issued under the California Building Standards Code (Title 24 of the California Code of Regulations) or any applicable local building code for the construction, demolition, or alteration of buildings, whether discretionary or nondiscretionary. (ii) A permit for minor or standard excavation and grading. (iii) A permit for demolition. (iv) A permit for minor or standard excavation and grading. (v) Any nondiscretionary permit or review that is required or issued by the local agency after the entitlement process has been completed to begin construction. (g) Notwithstanding Sections 65700 and 65803, or any other provision of law, this section shall apply to charter cities. (h) Except as provided in subdivision (d), this section shall not affect any law prescribing or authorizing a shorter period of limitation than that specified herein. (i) Except as provided in subparagraph (D) of paragraph (1) of subdivision (c), this section shall be applicable to those decisions of the legislative body of a city, county, or city and county made pursuant to this division on or after January 1, 1984. (Amended by Stats. 2024, Ch. 270, Sec. 1. (AB 2117) Effective January 1, 2025.)
Section 65009.Verify source
§ 65009.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions [65000 - 65010] ( Heading of Chapter 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 33. )Amendment

This section lets the Attorney General or the Department of Housing and Community Development seek penalties and other remedies against a city, county, or local agency that fails to comply with certain housing-related ministerial approval or housing element revision laws.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions [65000 - 65010] ( Heading of Chapter 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 33. ) ## 65009.1. (a) In any action brought by the Attorney General or the Department of Housing and Community Development to enforce the adoption of housing element revisions pursuant to the schedule set forth in subdivision (e) of Section 65588, or to enforce any state law that requires a city, county, or local agency to ministerially approve, without discretionary review, any planning or permitting application related to a housing development project, the city, county, or local agency shall be subject to the following remedies: (1) A civil penalty of, at minimum, ten thousand dollars ($10,000) per month, and not exceeding fifty thousand dollars ($50,000) per month, for each violation, accrued from the date of the violation until the date the violation is cured. (2) (A) All costs of investigating and prosecuting this action, including expert fees, reasonable attorney’s fees, and costs, whenever the Attorney General or the department prevails in a civil action to enforce any state laws under this section. (B) Awards imposed pursuant to this paragraph shall be paid to the Public Rights Law Enforcement Special Fund established by Section 12530. (3) (A) Other relief as the court deems appropriate, including equitable and injunctive relief, provisional or otherwise. (B) Any injunction, provisional or otherwise, ordered by the court pursuant to this paragraph shall be deemed to be prohibitory, and not affirmative. (b) The penalties set forth in this section shall only apply when the local agency’s acts or omissions described in subdivision (a) are arbitrary, capricious, entirely lacking in evidentiary support, contrary to established public policy, unlawful, or procedurally unfair. The purpose of this section is to ensure adequate remedies are available to ensure that state laws mandating streamlined, ministerial approvals related to housing development projects, and the timely adoption of housing element revisions, are promptly and faithfully followed. (c) (1) Any civil penalty levied pursuant to this section shall be deposited into the Building Homes and Jobs Trust Fund for the sole purpose of supporting the development of affordable housing located in the affected jurisdiction. Expenditure of any penalty moneys deposited into the Building Homes and Jobs Trust Fund pursuant to this subdivision shall be subject to appropriation by the Legislature. (2) Any penalty imposed pursuant to this section shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, very low, low-, and moderate-income households. (3) To the extent permitted under the California Constitution, in the event a city, county, or local agency fails to pay civil penalties imposed by the court, the court may require the Controller to intercept any available state and local funds and direct those funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. (4) Notwithstanding paragraph (1), if the penalty moneys have not been expended five years after deposit, the penalty moneys may be used, upon appropriation, to finance newly constructed affordable housing units in the state without any geographic restrictions. (d) (1) The liability, penalties, and remedies imposed by this section are in addition to any other liability, penalties, and remedies imposed by any other law. (2) For actions brought under this section to enforce the adoption of housing element revisions pursuant to the schedule set forth in subdivision (e) of Section 65588, and where a city, county, or local agency, despite a court order, fails to meet the timelines specified in Section 65754, all of the following apply: (A) Unless already imposed by the court, the court shall modify its prior order directing a city, county, or local agency to comply with Section 65754 to impose the maximum penalty of fifty thousand dollars ($50,000) per month, as specified in paragraph (1) of subdivision (a) of this section, for each additional month until the city, county, or local agency has substantially complied with Section 65754. (B) Unless already imposed by the court, the court shall also modify its prior order directing a city, county, or local agency, to comply with Section 65754 to impose all of the remedial provisions set forth in subdivision (a) of Section 65755, until the local agency has substantially complied with Section 65754. (C) An order imposing remedial provisions set forth in subdivision (a) of Section 65755, including any order entered pursuant to subparagraph (B) of this paragraph, shall not suspend the city, county, or local agency’s authority to issue any type of approval identified in paragraphs (1), (2), and (3) of subdivision (a) of Section 65755 that is necessary for new housing development projects that are subject to any of the following: (i) Subdivision (c) of Section 65755. (ii) Subdivision (d) of Section 65589.5. (iii) Any other statutory provision that requires a city, county, or local agency to ministerially approve, without discretionary review, a housing development project. (iv) Any other housing development project, as defined in paragraph (2) of subdivision (h) of Section 65589.5 where the applicant establishes that approval of the project will not significantly impair the ability of the city, county, or local agency to comply with Section 65754. (e) (1) The remedies available to the Attorney General and the department pursuant to this section apply to all cities, including charter cities, and do not limit or affect the remedies available to any other party seeking to enforce the laws enumerated in subdivision (j) of Section 65585, including, but not limited to, the remedies in Article 14 (commencing with Section 65750) of Chapter 3, and attorneys’ fees pursuant to Section 1021.5 of the Code of Civil Procedure. (2) The remedies in Article 14 (commencing with Section 65750) of Chapter 3 apply to actions against all cities, including charter cities, to enforce the requirements of Section 65585 as a mandatory element of a general plan under Article 5 (commencing with Section 65300) of Chapter 3. This paragraph is declaratory of existing law. (Added by Stats. 2024, Ch. 293, Sec. 2. (SB 1037) Effective January 1, 2025.)
Section 65009.1.Verify source
§ 6501.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Amendment

State officers and agencies may not make agreements unless the required approval has been obtained from the Department of General Services or the Director of General Services.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6501. This article does not authorize any state officer, board, commission, department, or other state agency or institution to make any agreement without the approval of the Department of General Services or the Director of General Services if such approval is required by law. (Amended by Stats. 1965, Ch. 371.)
Section 6501.Verify source
§ 65010.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions [65000 - 65010] ( Heading of Chapter 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 33. )Amendment

In proceedings under this title, ordinary judicial evidence and procedure rules generally do not apply, and courts generally may not invalidate agency actions for procedural or evidentiary errors unless specific prejudice and injury findings are made.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1. General Provisions [65000 - 65010] ( Heading of Chapter 1 amended by Stats. 1956, 1st Ex. Sess., Ch. 33. ) ## 65010. (a) Formal rules of evidence or procedure applicable in judicial actions and proceedings shall not apply in any proceeding subject to this title except to the extent that a public agency otherwise provides by charter, ordinance, resolution, or rule of procedure. (b) No action, inaction, or recommendation by any public agency or its legislative body or any of its administrative agencies or officials on any matter subject to this title shall be held invalid or set aside by any court on the ground of the improper admission or rejection of evidence or by reason of any error, irregularity, informality, neglect, or omission (hereafter, error) as to any matter pertaining to petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, or any matters of procedure subject to this title, unless the court finds that the error was prejudicial and that the party complaining or appealing suffered substantial injury from that error and that a different result would have been probable if the error had not occurred. There shall be no presumption that error is prejudicial or that injury was done if the error is shown. (Amended by Stats. 1985, Ch. 114, Sec. 3. Effective June 28, 1985.)
Section 65010.Verify source
§ 6502.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Amendment

Public agencies may agree to jointly exercise powers they share if their legislative or other governing bodies authorize it.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6502. If authorized by their legislative or other governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties, including, but not limited to, the authority to levy a fee, assessment, or tax, even though one or more of the contracting agencies may be located outside this state. It shall not be necessary that any power common to the contracting parties be exercisable by each such contracting party with respect to the geographical area in which such power is to be jointly exercised. For purposes of this section, two or more public agencies having the power to conduct agricultural, livestock, industrial, cultural, or other fairs or exhibitions shall be deemed to have common power with respect to any such fair or exhibition conducted by any one or more of such public agencies or by an entity created pursuant to a joint powers agreement entered into by such public agencies. (Amended by Stats. 2014, Ch. 386, Sec. 2. (AB 2170) Effective January 1, 2015.)
Section 6502.Verify source
§ 6502.1.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Provision

A public agency that can provide retail electric services may join a powers agreement to do so with public agencies in the Coachella Valley Service Area.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6502.1. (a) Notwithstanding Section 6502 or any other law, a public agency with the authority to provide retail electric services may enter into a joint powers agreement with one or more public agencies with jurisdiction within the Coachella Valley Service Area to jointly exercise the authority to provide retail electric services notwithstanding an inability of a party to the joint powers agreement to exercise that power independently. (b) For purposes of this section, “Coachella Valley Service Area” means the territory within the Imperial Irrigation District’s sphere of influence within the County of Riverside as determined by the Local Agency Formation Commission of the County of Riverside as set forth in Resolution No. 2020-10-3 adopted on April 23, 2020, and the land within the exterior boundaries of the Torres Martinez Reservation. (Added by Stats. 2024, Ch. 585, Sec. 1. (AB 3198) Effective January 1, 2025.)
Section 6502.1.Verify source
§ 6502.3.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Provision

For certain cogovernance and comanagement agreements, powers a public agency may exercise are treated as common to a contracting federally recognized tribe.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6502.3. For purposes of cogovernance and comanagement agreements entered into pursuant to Section 11019.82, powers exercisable by any public agency that is not a federally recognized tribe shall be deemed common to a contracting federally recognized tribe. (Added by Stats. 2024, Ch. 657, Sec. 2. (AB 1284) Effective January 1, 2025.)
Section 6502.3.Verify source
§ 6502.5.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Provision

The agency may finance, construct, install, and operate biogas and electricity projects from animal or agricultural waste, including outside its jurisdiction in specified counties, but it must get county board approval before doing so outside its jurisdiction.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6502.5. In addition to any power common to its member districts, the Resource Conservation Energy Joint Powers Agency has the authority to finance, construct, install, and operate projects for the production of biogas and electricity from the digestion or fermentation of animal or agricultural waste. The agency may undertake these projects within its jurisdiction or outside its jurisdiction. The authority to undertake projects outside the jurisdiction of the agency is limited to the geographical areas of Fresno, Kings, Madera, Merced, San Joaquin, and Tulare Counties. Prior to undertaking a project authorized by this section outside the jurisdiction of the agency, the agency shall obtain approval of the board of supervisors of the county in which the project is to be located. (Added by Stats. 1984, Ch. 956, Sec. 1. Effective September 10, 1984.)
Section 6502.5.Verify source
§ 6502.7.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Provision

Public agencies may jointly exercise certain shared powers by agreement if authorized by their governing bodies, and the parties may also provide special services.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6502.7. (a) If authorized by their legislative or other governing bodies, two or more public agencies which have the authority to identify, plan for, monitor, control, regulate, dispose of, or abate liquid, toxic, or hazardous wastes or hazardous materials may, by agreement, jointly exercise any of these powers common to the contracting parties. (b) The contracting parties may provide special services, including persons specially trained, experienced, expert, and competent to perform these special services. (c) The provisions of this section are declaratory of existing law and do not limit any authority which already exists. (Added by Stats. 1986, Ch. 126, Sec. 1.)
Section 6502.7.Verify source
§ 65025.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 1. General Provisions and Definitions [65025 - 65029] ( Article 1 added by Stats. 1970, Ch. 1534. )Amendment

In this chapter, “Office” means the Office of Land Use and Climate Innovation.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 1. General Provisions and Definitions [65025 - 65029] ( Article 1 added by Stats. 1970, Ch. 1534. ) ## 65025. “Office” as used in this chapter means the Office of Land Use and Climate Innovation. (Amended by Stats. 2024, Ch. 41, Sec. 41. (SB 164) Effective June 29, 2024.)
Section 65025.Verify source
§ 65026.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 1. General Provisions and Definitions [65025 - 65029] ( Article 1 added by Stats. 1970, Ch. 1534. )Amendment

This section defines “functional plan” for this chapter.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 1. General Provisions and Definitions [65025 - 65029] ( Article 1 added by Stats. 1970, Ch. 1534. ) ## 65026. “Functional plan” as used in this chapter, means an intermediate- or short-range plan for the operation of a discrete function of state government. (Added by Stats. 1970, Ch. 1534.)
Section 65026.Verify source
§ 65027.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 1. General Provisions and Definitions [65025 - 65029] ( Article 1 added by Stats. 1970, Ch. 1534. )Amendment

In this chapter, “Report” means the State Environmental Goals and Policy Report.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 1. General Provisions and Definitions [65025 - 65029] ( Article 1 added by Stats. 1970, Ch. 1534. ) ## 65027. “Report” as used in this chapter, means the State Environmental Goals and Policy Report. (Added by Stats. 1970, Ch. 1534.)
Section 65027.Verify source
§ 65028.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 1. General Provisions and Definitions [65025 - 65029] ( Article 1 added by Stats. 1970, Ch. 1534. )Amendment

In this chapter, “Council” means the Planning Advisory and Assistance Council under Section 65040.6(a).

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 1. General Provisions and Definitions [65025 - 65029] ( Article 1 added by Stats. 1970, Ch. 1534. ) ## 65028.1. “Council,” as used in this chapter, means the Planning Advisory and Assistance Council established pursuant to subdivision (a) of Section 65040.6. (Added by Stats. 1976, Ch. 1386.)
Section 65028.1.Verify source
§ 65028.2.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 1. General Provisions and Definitions [65025 - 65029] ( Article 1 added by Stats. 1970, Ch. 1534. )Amendment

This section defines “district” for this chapter as a regional planning district created by the office under Section 65040.4.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 1. General Provisions and Definitions [65025 - 65029] ( Article 1 added by Stats. 1970, Ch. 1534. ) ## 65028.2. “District,” as used in this chapter, means a regional planning district created by the office pursuant to Section 65040.4. (Amended by Stats. 2024, Ch. 41, Sec. 42. (SB 164) Effective June 29, 2024.)
Section 65028.2.Verify source
§ 65029.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 1. General Provisions and Definitions [65025 - 65029] ( Article 1 added by Stats. 1970, Ch. 1534. )Commencement

The office should start using its new name as soon as feasible, but it may keep using the old name for funds, grants, and contracts through 2029, and old-name usage does not make an agreement invalid.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 1. General Provisions and Definitions [65025 - 65029] ( Article 1 added by Stats. 1970, Ch. 1534. ) ## 65029. Commencing on July 1, 2024, all references to the Governor’s Office of Planning and Research throughout the published laws of the State of California shall henceforth be deemed to be references to the Governor’s Office of Land Use and Climate Innovation, except as referenced in the act adding this section amending the codes otherwise. Notwithstanding this provision, and other provisions of the act adding this section, the Governor’s Office of Land Use and Climate Innovation may continue to receive funds and operate grants and contracts under the name Governor’s Office of Planning and Research through 2029. To the extent feasible, the Governor’s Office of Land Use and Climate Innovation shall commence use of that name as soon as the act adding this section becomes operative, but no contract, grant, or other agreement shall be void or unenforceable simply because the name the Governor’s Office of Planning and Research is utilized. (Added by Stats. 2024, Ch. 41, Sec. 43. (SB 164) Effective June 29, 2024.)
Section 65029.Verify source
§ 6503.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Provision

Joint powers agreements must state their purpose or the power to be exercised, and must describe how that purpose will be accomplished or that power will be exercised.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6503. The agreements shall state the purpose of the agreement or the power to be exercised. They shall provide for the method by which the purpose will be accomplished or the manner in which the power will be exercised. (Added by Stats. 1949, Ch. 84.)
Section 6503.Verify source
§ 6503.1.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Provision

Property tax revenues allocated to a fire-protection agency must be used only for fire protection purposes.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6503.1. (a) When property tax revenues of a county of the second class are allocated by that county to an agency formed for the purpose of providing fire protection pursuant to this chapter, those funds may only be appropriated for expenditure by that agency for fire protection purposes. (b) As used in this section, “fire protection purposes” means those purposes directly related to, and in furtherance of, providing fire prevention, fire suppression, emergency medical services, hazardous materials response, ambulance transport, disaster preparedness, rescue services, and related administrative costs. (c) This section shall not be interpreted to alter any provision of law governing the processes by which cities or counties select providers of ambulance transport services. (Added by Stats. 2002, Ch. 339, Sec. 1. Effective January 1, 2003.)
Section 6503.1.Verify source
§ 6503.5.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Amendment

A separate joint-powers agency or entity must file a notice with the Secretary of State within 30 days after the agreement or amendment becomes effective, and must send an additional copy to the Secretary of State for forwarding to the Controller.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6503.5. Whenever a joint powers agreement provides for the creation of an agency or entity that is separate from the parties to the agreement and is responsible for the administration of the agreement, such agency or entity shall, within 30 days after the effective date of the agreement or amendment thereto, cause a notice of the agreement or amendment to be prepared and filed with the office of the Secretary of State. The agency or entity shall furnish an additional copy of the notice of the agreement or amendment to the Secretary of State, who shall forward the copy to the Controller. The notice shall contain: (a) The name of each public agency that is a party to the agreement. (b) The date that the agreement became effective. (c) A statement of the purpose of the agreement or the power to be exercised. (d) A description of the amendment or amendments made to the agreement, if any. Notwithstanding any other provision of this chapter, any agency or entity administering a joint powers agreement or amendment to such an agreement, which agreement or amendment becomes effective on or after the effective date of this section, which fails to file the notice required by this section within 30 days after the effective date of the agreement or amendment, shall not thereafter, and until such filings are completed, issue any bonds or incur indebtedness of any kind. (Amended by Stats. 2007, Ch. 343, Sec. 6. Effective January 1, 2008.)
Section 6503.5.Verify source
§ 6503.6.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Amendment

Certain joint powers agreements must be filed with the Controller, and some must also be filed with county local agency formation commissions within 30 days; failure to do the LAFCO filing blocks bonds and new indebtedness until completed.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6503.6. (a) When an agency or entity files a notice of agreement or amendment to the agreement with the office of the Secretary of State pursuant to Section 6503.5, the agency or entity shall file a copy of the full text of the original joint powers agreement, and any amendment to the agreement, with the Controller. An agency or entity that meets the definition of a joint powers authority or joint powers agency under Section 56047.7 that was formed for the purpose of providing municipal services and that includes a local agency member that is a city, district, or county shall, within 30 days after the effective date of the agreement or amendment to the agreement, file a copy of the agreement or amendment to the agreement with the local agency formation commission in each county within which all or any part of a local agency member’s territory is located. (b) Notwithstanding any other provision of this chapter, any agency or entity administering a joint powers agreement or amendment to such an agreement, which agreement or amendment becomes effective on or after the effective date of this section, which fails to file the notice with a local agency formation commission required by this section within 30 days after the effective date of the agreement or amendment shall not thereafter, and until those filings are completed, issue any bonds or incur indebtedness of any kind. (Amended by Stats. 2016, Ch. 173, Sec. 1. (SB 1266) Effective January 1, 2017.)
Section 6503.6.Verify source
§ 6503.7.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Amendment

Certain joint-powers agencies must file a notice with the Secretary of State within 90 days, send an extra copy to the Secretary of State, and cannot issue bonds or take on debts if they miss the filing deadline.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6503.7. Within 90 days after the effective date of this section, any separate agency or entity constituted pursuant to a joint powers agreement entered into prior to the effective date of this section and responsible for the administration of the agreement shall cause a notice of the agreement to be prepared and filed with the office of the Secretary of State. The agency or entity shall also furnish an additional copy of the notice of the agreement to the Secretary of State who shall forward the copy to the Controller. The notice shall contain all the information required for notice given pursuant to Section 6503.5. Notwithstanding any other provision of this chapter, any joint powers agency that is required and fails to file notice pursuant to this section within 90 days after the effective date of this section shall not, thereafter, and until such filings are completed, issue any bonds, incur any debts, liabilities or obligations of any kind, or in any other way exercise any of its powers. For purposes of recovering the costs incurred in filing and processing the notices required to be filed pursuant to this section and Section 6503.5, the Secretary of State may establish a schedule of fees. Such fees shall be collected by the office of the Secretary of State at the time the notices are filed and shall not exceed the reasonably anticipated cost to the Secretary of State of performing the work to which the fees relate. (Amended by Stats. 2007, Ch. 343, Sec. 7. Effective January 1, 2008.)
Section 6503.7.Verify source
§ 6503.8.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Amendment

Certain joint powers agencies must file their agreement and amendments with the local agency formation commission by July 1, 2017, and late filers may not issue bonds or incur debt until the filings are completed.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6503.8. (a) No later than July 1, 2017, an agency or entity that meets the definition of a joint powers authority or joint powers agency under Section 56047.7 that was formed for the purpose of providing municipal services prior to the effective date of this section, and that includes a local agency member that is a city, district, or county, shall cause a copy of the agreement and any amendments to the agreement to be filed with the local agency formation commission in each county within which all or any part of a local agency member’s territory is located. (b) Notwithstanding any other provision of this chapter, any agency or entity administering a joint powers agreement or amendment to such an agreement, which fails to file the notice with a local agency formation commission required by this section on or before July 1, 2017, shall not thereafter, and until those filings are completed, issue any bonds or incur indebtedness of any kind. (Added by Stats. 2016, Ch. 173, Sec. 2. (SB 1266) Effective January 1, 2017.)
Section 6503.8.Verify source
§ 65030.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 2. Declaration of State Policy and Legislative Intent [65030 - 65036.1] ( Article 2 added by Stats. 1970, Ch. 1534. )Repeal

This section states California policy to protect land as a limited resource and use it in economically and socially desirable ways.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 2. Declaration of State Policy and Legislative Intent [65030 - 65036.1] ( Article 2 added by Stats. 1970, Ch. 1534. ) ## 65030. The Legislature finds and declares that California’s land is an exhaustible resource, not just a commodity, and is essential to the economy, environment and general well-being of the people of California. It is the policy of the state and the intent of the Legislature to protect California’s land resource, to insure its preservation and use in ways which are economically and socially desirable in an attempt to improve the quality of life in California. (Repealed and added by Stats. 1976, Ch. 1386.)
Section 65030.Verify source
§ 65030.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 2. Declaration of State Policy and Legislative Intent [65030 - 65036.1] ( Article 2 added by Stats. 1970, Ch. 1534. )Amendment

The Legislature states that decisions about the state’s future growth should be guided by effective planning, including local general plans, and by statewide goals and policies on land use and related development factors.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 2. Declaration of State Policy and Legislative Intent [65030 - 65036.1] ( Article 2 added by Stats. 1970, Ch. 1534. ) ## 65030.1. The Legislature also finds that decisions involving the future growth of the state, most of which are made and will continue to be made at the local level, should be guided by an effective planning process, including the local general plan, and should proceed within the framework of officially approved statewide goals and policies directed to land use, population growth and distribution, development, open space, resource preservation and utilization, air and water quality, and other related physical, social and economic development factors. (Added by Stats. 1976, Ch. 1386.)
Section 65030.1.Verify source
§ 65030.2.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 2. Declaration of State Policy and Legislative Intent [65030 - 65036.1] ( Article 2 added by Stats. 1970, Ch. 1534. )Amendment

The state policy and legislative intent is that land use decisions should be made with full knowledge of their economic and fiscal implications and consideration of both short-term and long-term costs, benefits, and environmental impacts.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 2. Declaration of State Policy and Legislative Intent [65030 - 65036.1] ( Article 2 added by Stats. 1970, Ch. 1534. ) ## 65030.2. It is further the policy of the state and the intent of the Legislature that land use decisions be made with full knowledge of their economic and fiscal implications, giving consideration to short-term costs and benefits, and their relationship to long-term environmental impact as well as long-term costs and benefits. (Added by Stats. 1976, Ch. 1386.)
Section 65030.2.Verify source
§ 65031.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 2. Declaration of State Policy and Legislative Intent [65030 - 65036.1] ( Article 2 added by Stats. 1970, Ch. 1534. )Amendment

The Legislature states that statewide environmental goals, policies, and plans are part of the Governor’s executive functions, and that oversight of this process in state government should be assigned to a unit reporting directly to the Governor.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 2. Declaration of State Policy and Legislative Intent [65030 - 65036.1] ( Article 2 added by Stats. 1970, Ch. 1534. ) ## 65031. The Legislature further finds and declares that recommendation, continuous evaluation and execution of statewide environmental goals, policies and plans are included within the scope of the executive functions of the Governor and responsibility for assuring orderly administration of this process within state government should be assigned to a governmental unit reporting directly to the Governor. (Added by Stats. 1970, Ch. 1534.)
Section 65031.Verify source
§ 65032.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 2. Declaration of State Policy and Legislative Intent [65030 - 65036.1] ( Article 2 added by Stats. 1970, Ch. 1534. )Amendment

The Legislature states that analyzing statewide environmental goals and allocating state resources requires integrating planning and executive budget functions in state government.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 2. Declaration of State Policy and Legislative Intent [65030 - 65036.1] ( Article 2 added by Stats. 1970, Ch. 1534. ) ## 65032. The Legislature further finds and declares that analysis of the impact of individual programs on the achievement of statewide environmental goals and the necessity of allocating fiscal and other resources of the state among competing programs and needs requires integration of the planning and executive budget functions within state government. (Added by Stats. 1970, Ch. 1534.)
Section 65032.Verify source
§ 65033.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 2. Declaration of State Policy and Legislative Intent [65030 - 65036.1] ( Article 2 added by Stats. 1970, Ch. 1534. )Repeal

Agencies involved in planning must engage the public and give people a chance to respond to clearly defined alternatives.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 2. Declaration of State Policy and Legislative Intent [65030 - 65036.1] ( Article 2 added by Stats. 1970, Ch. 1534. ) ## 65033. The Legislature recognizes the importance of public participation at every level of the planning process. It is therefore the policy of the state and the intent of the Legislature that each state, regional, and local agency concerned in the planning process involve the public through public hearings, informative meetings, publicity and other means available to them, and that at such hearings and other public forums, the public be afforded the opportunity to respond to clearly defined alternative objectives, policies, and actions. (Repealed and added by Stats. 1976, Ch. 1386.)
Section 65033.Verify source
§ 65034.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 2. Declaration of State Policy and Legislative Intent [65030 - 65036.1] ( Article 2 added by Stats. 1970, Ch. 1534. )Amendment

The Legislature says the state planning process should be designed to influence legislative policy and actions, and should include regular legislative review and action on statewide environmental goals, plans, and policies.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 2. Declaration of State Policy and Legislative Intent [65030 - 65036.1] ( Article 2 added by Stats. 1970, Ch. 1534. ) ## 65034. The Legislature further finds and declares that the state planning process should be designed to influence legislative policy and actions and therefore should specifically include: (1) provisions for regular review and positive action by the Legislature on statewide environmental goals, plans and policies; and (2) clear identification of legislative actions required to carry out statewide environmental goals. (Added by Stats. 1970, Ch. 1534.)
Section 65034.Verify source
§ 65035.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 2. Declaration of State Policy and Legislative Intent [65030 - 65036.1] ( Article 2 added by Stats. 1970, Ch. 1534. )Amendment

The Legislature says California should have one state-level agency for land use policy and coordination, and identifies the Office of Land Use and Climate Innovation for that role.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 2. Declaration of State Policy and Legislative Intent [65030 - 65036.1] ( Article 2 added by Stats. 1970, Ch. 1534. ) ## 65035. The Legislature finds that it is necessary to have one agency at the state level that is responsible for developing state land use policies, coordinating planning of all state agencies, and assisting and monitoring local and regional planning. The Legislature recognizes the Office of Land Use and Climate Innovation, in the office of the Governor, as the most appropriate state agency to carry out this statewide land use planning function. It is not the intent of the Legislature to vest in the office any direct operating or regulatory powers over land use, public works, or other state, regional, or local projects or programs. (Amended by Stats. 2024, Ch. 41, Sec. 44. (SB 164) Effective June 29, 2024.)
Section 65035.Verify source
§ 65036.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 2. Declaration of State Policy and Legislative Intent [65030 - 65036.1] ( Article 2 added by Stats. 1970, Ch. 1534. )Amendment

The state’s policy is to support orderly planning by state government units responsible for key functions, and to have state functional plans use common statewide growth and development assumptions and forecasts.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 2. Declaration of State Policy and Legislative Intent [65030 - 65036.1] ( Article 2 added by Stats. 1970, Ch. 1534. ) ## 65036. It is the policy of the state and the intent of the Legislature to assure orderly planning for specific functions such as water development, transportation, natural resources, economic development and human resources by units of state government who exercise management responsibility for these functions. It is further the intent of the Legislature to provide, as part of the state planning process, that state functional plans proceed from common assumptions and forecasts of statewide growth and development, including those set forth in Section 21001 of the Public Resources Code. (Added by Stats. 1970, Ch. 1534.)
Section 65036.Verify source
§ 65036.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 2. Declaration of State Policy and Legislative Intent [65030 - 65036.1] ( Article 2 added by Stats. 1970, Ch. 1534. )Amendment

The Legislature says statewide planning should include advice from an advisory council focused on local and regional planning concerns.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 2. Declaration of State Policy and Legislative Intent [65030 - 65036.1] ( Article 2 added by Stats. 1970, Ch. 1534. ) ## 65036.1. The Legislature recognizes that the state planning process, particularly with regard to the preparation of statewide goals and policies, should incorporate the recommendations and views of an advisory council that is responsive to, and of some assistance to, the planning concerns that occur on a local and regional basis. (Added by Stats. 1976, Ch. 1386.)
Section 65036.1.Verify source
§ 65037.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 3. Establishment and Functions of the Office of Land Use and Climate Innovation [65037 - 65039.5] ( Heading of Article 3 amended by Stats. 2024, Ch. 41, Sec. 45. )Amendment

This section creates the Office of Land Use and Climate Innovation in state government and places it in the Governor’s office.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 3. Establishment and Functions of the Office of Land Use and Climate Innovation [65037 - 65039.5] ( Heading of Article 3 amended by Stats. 2024, Ch. 41, Sec. 45. ) ## 65037. The Office of Land Use and Climate Innovation is hereby established in state government in the Governor’s office. The office shall be under the direct control of a director, who shall be responsible to the Governor. (Amended by Stats. 2024, Ch. 41, Sec. 46. (SB 164) Effective June 29, 2024.)
Section 65037.Verify source
§ 65038.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 3. Establishment and Functions of the Office of Land Use and Climate Innovation [65037 - 65039.5] ( Heading of Article 3 amended by Stats. 2024, Ch. 41, Sec. 45. )Amendment

The Governor must appoint the Director of Land Use and Climate Innovation, and the Director must carry out the office’s duties, powers, responsibilities, and purposes.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 3. Establishment and Functions of the Office of Land Use and Climate Innovation [65037 - 65039.5] ( Heading of Article 3 amended by Stats. 2024, Ch. 41, Sec. 45. ) ## 65038. For the purpose of administering this chapter, the Governor shall appoint the Director of Land Use and Climate Innovation, who shall perform all duties, exercise all powers, assume and discharge all responsibilities, and carry out and effect all purposes vested by law in the office, including contracting for professional or consultant services in connection with the work of the office. (Amended by Stats. 2024, Ch. 41, Sec. 47. (SB 164) Effective June 29, 2024.)
Section 65038.Verify source
§ 65039.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 3. Establishment and Functions of the Office of Land Use and Climate Innovation [65037 - 65039.5] ( Heading of Article 3 amended by Stats. 2024, Ch. 41, Sec. 45. )Amendment

The Governor may appoint the Director of Land Use and Climate Innovation, and the salary must be set under Section 12001.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 3. Establishment and Functions of the Office of Land Use and Climate Innovation [65037 - 65039.5] ( Heading of Article 3 amended by Stats. 2024, Ch. 41, Sec. 45. ) ## 65039. The Governor may appoint the Director of Land Use and Climate Innovation at a salary that shall be fixed pursuant to Section 12001. (Amended by Stats. 2024, Ch. 41, Sec. 48. (SB 164) Effective June 29, 2024.)
Section 65039.Verify source
§ 65039.5.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 3. Establishment and Functions of the Office of Land Use and Climate Innovation [65037 - 65039.5] ( Heading of Article 3 amended by Stats. 2024, Ch. 41, Sec. 45. )Amendment

Starting July 1, 2024, this section transfers certain duties, records, actions, contracts, and funds from the Governor’s Office of Land Use and Climate Innovation to specified receiving agencies, and gives the Department of Finance final say on doubtful fund transfers and implementation details.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 3. Establishment and Functions of the Office of Land Use and Climate Innovation [65037 - 65039.5] ( Heading of Article 3 amended by Stats. 2024, Ch. 41, Sec. 45. ) ## 65039.5. Commencing on July 1, 2024, each of the following shall occur: (a) (1) The California Initiative to Advance Precision Medicine, an office within the California Health and Human Services Agency, succeeds to, and is vested with, all the duties and responsibilities of the Governor’s Office of Land Use and Climate Innovation, formerly the Governor’s Office of Planning and Research, related to the administration or implementation of the California Initiative to Advance Precision Medicine’s programs. (2) All books, documents, and records, including, but not limited to, outreach campaign supplies and print materials, of the Governor’s Office of Land Use and Climate Innovation, formerly the Governor’s Office of Planning and Research, pertaining to functions transferred to the California Initiative to Advance Precision Medicine shall be transferred to the California Health and Human Services Agency. (3) Any action by or against the Governor’s Office of Land Use and Climate Innovation and any of its predecessors, including the Governor’s Office of Planning and Research, pertaining to matters vested in the California Initiative to Advance Precision Medicine by this act shall not abate but shall continue in the name of the California Initiative to Advance Precision Medicine and shall be transferred to the California Health and Human Services Agency. (4) No contract, license, or other agreement to which the Governor’s Office of Land Use and Climate Innovation, formerly the Governor’s Office of Planning and Research, is a party related to the California Initiative to Advance Precision Medicine shall be void or voidable by reason of this act, but shall continue in full force and effect under the terms of the contract, with the California Health and Human Services Agency assuming all of the rights, obligations, liabilities and duties of the Governor’s Office of Land Use and Climate Innovation under the contract, license, or other agreement as it relates to the to the administration or implementation of the California Initiative to Advance Precision Medicine’s programs. (5) All unexpended balances of appropriations and other funds available for use in connection with any function or the administration of any law transferred to the California Health and Human Services Agency by this subdivision shall be transferred to the agency for the use and for the purpose for which the appropriation was originally made or the funds were originally available. If there is any doubt as to where those balances and funds are transferred, the Department of Finance shall determine where the balances and funds are transferred. The Department of Finance shall make the final determination of the budgetary and accounting transactions and treatments to ensure the proper implementation of the transfer of duties, powers, and responsibilities from the Governor’s Office of Land Use and Climate Innovation, formerly the Governor’s Office of Planning and Research, to the California Health and Human Services Agency, as described in this subdivision. (b) (1) The Governor’s Office of Business and Economic Development, succeeds to, and is vested with, all the duties and responsibilities of the Governor’s Office of Land Use and Climate Innovation, formerly the Governor’s Office of Planning and Research, related to the administration or implementation of the Community Economic Resilience Fund Program, including the Just Transition program. (2) All books, documents, and records, including, but not limited to, outreach campaign supplies and print materials, of the Governor’s Office of Land Use and Climate Innovation, formerly the Governor’s Office of Planning and Research, pertaining to functions transferred to the Community Economic Resilience Fund Program shall be transferred to Governor’s Office of Business and Economic Development. (3) Any action by or against the Governor’s Office of Land Use and Climate Innovation and any of its predecessors, including the Governor’s Office of Planning and Research, pertaining to matters vested in the Community Economic Resilience Fund Program by the act adding this section shall not abate but shall continue in the name of the Community Economic Resilience Fund Program and shall be transferred to the Governor’s Office of Business and Economic Development. (4) No contract, license, or other agreement to which the Governor’s Office of Land Use and Climate Innovation, formerly the Governor’s Office of Planning and Research, is a party related to the Community Economic Resilience Fund Program shall be void or voidable by reason of this act, but shall continue in full force and effect under the terms of the contract, Governor’s Office of Business and Economic Development assuming all of the rights, obligations, liabilities, and duties of the Governor’s Office of Land Use and Climate Innovation under the contract, license, or other agreement as it relates to the administration or implementation of the Community Economic Resilience Fund Program, including the Just Transition program. (5) All unexpended balances of appropriations and other funds available for use in connection with any function or the administration of any law transferred to the Governor’s Office of Business and Economic Development by this subdivision shall be transferred to the Governor’s Office of Business and Economic Development for the use and for the purpose for which the appropriation was originally made or the funds were originally available. If there is any doubt as to where those balances and funds are transferred, the Department of Finance shall determine where the balances and funds are transferred. The Department of Finance shall make the final determination of the budgetary and accounting transactions and treatments to ensure the proper implementation of the transfer of duties, powers, and responsibilities from the Governor’s Office of Land Use and Climate Innovation, formerly the Governor’s Office of Planning and Research, to the Governor’s Office of Business and Economic Development, as described in this subdivision. (Added by Stats. 2024, Ch. 41, Sec. 49. (SB 164) Effective June 29, 2024.)
Section 65039.5.Verify source
§ 6504.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Amendment

Parties to a joint powers agreement may include terms for funding, advances, use of public funds, and use of personnel, equipment, or property instead of other contributions.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6504. The parties to the agreement may provide that (a) contributions from the treasuries may be made for the purpose set forth in the agreement, (b) payments of public funds may be made to defray the cost of such purpose, (c) advances of public funds may be made for the purpose set forth in the agreement, such advances to be repaid as provided in said agreement, or (d) personnel, equipment or property of one or more of the parties to the agreement may be used in lieu of other contributions or advances. The funds may be paid to and disbursed by the agency or entity agreed upon, which may include a nonprofit corporation designated by the agreement to administer or execute the agreement for the parties to the agreement. (Amended by Stats. 1977, Ch. 209.)
Section 6504.Verify source
§ 65040.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. )Amendment

The Office of Planning and Research must support the Governor and Cabinet and carry out statewide planning and environmental coordination duties.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. ) ## 65040. The Office of Planning and Research shall serve the Governor and the Governor’s 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 that 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 that 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, the Governor’s 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 on behalf of the State of California from any source, public or private, for the purpose of state planning and undertaking other planning and coordinating activities, and supporting community partnerships and strategic communication 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. (Amended by Stats. 2022, Ch. 48, Sec. 53. (SB 189) Effective June 30, 2022.)
Section 65040.Verify source
§ 65040.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. )Amendment

The Office of Planning and Research must work with transportation and other agencies on a long-range aviation master plan and must keep the Legislature informed of budget projections; the Department of Transportation must provide airport-related projections and information.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. ) ## 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. (Amended by Stats. 1980, Ch. 212.)
Section 65040.1.Verify source
§ 65040.10.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. )Amendment

This section defines “State Clearinghouse” as the named office established by the Governor, or any successor office the Governor designates.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. ) ## 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). (Added by renumbering Section 12035 by Stats. 1996, Ch. 872, Sec. 40. Effective January 1, 1997.)
Section 65040.10.Verify source
§ 65040.11.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. )Amendment

The State Clearinghouse must submit information it acquires under the Intergovernmental Cooperation Act of 1968 to an agency designated by concurrent legislative resolution.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. ) ## 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. (Added by renumbering Section 12036 by Stats. 1996, Ch. 872, Sec. 41. Effective January 1, 1997.)
Section 65040.11.Verify source
§ 65040.11.5.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. )Amendment

The Governor designates a federal grant administrator, and that administrator may do specified grant-support activities and must prepare an annual federal grant funding summary.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. ) ## 65040.11.5. (a) There is in state government, within the State Clearinghouse, the federal grant administrator who is an individual designated by the Governor to serve as the state’s primary point of contact for information on federal grants related to community, economic, and local development. (b) The federal grant administrator may to do any of the following: (1) Work with representatives from state and local government, nonprofit organizations, foundations, institutions of higher learning, and other interested parties on applying for and managing federal grants. (2) Identify employees within state government with expertise in federal grant management. (3) Support the establishment of a statewide network of individuals who serve as point of contact for federal grant opportunities, including, but not limited to, individuals in local governments, special districts, institutions of higher education, nonprofit organizations, and foundations. (4) Provide or facilitate the provision of in-person and online training to encourage and improve the ability to pursue and manage federal grants. (5) Develop and maintain information on the Office of Planning and Research’s Internet Web Site related to new federal grant opportunities, grant management best practices, and other resources to support the ability of state and local governments and nonprofit organizations to apply and manage federal grants. (c) On or before January 1, 2018, and annually thereafter, the federal grant administrator shall prepare a summary of federal grant funding to the state that includes, but is not limited to, all of the following performance metrics: (1) Number of federal grants awarded to the state during the three years prior to the establishment of the federal grant administrator and during the report year. (2) Number of completed federal grant applications submitted by the state during the report year. (3) Total federal dollars received by the state through federal grants during the report year. (4) Total federal grant dollars expended by the state during the report year. (5) Total federal grant dollars received in the state by school districts and local governments during the report year. (6) Number of training sessions hosted by the federal grant administrator and attendance at those events during the report year. (7) Other relevant information regarding federal grant activities within the state during the report year, as determined by the federal grant administrator. (Added by Stats. 2016, Ch. 444, Sec. 1. (AB 1348) Effective January 1, 2017.)
Section 65040.11.5.Verify source
§ 65040.14.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. )Amendment

The office must act as the state’s liaison to the U.S. Department of Defense and carry out listed coordination, legislation, regulatory, and strategy tasks.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. ) ## 65040.14. The office shall serve as the state’s liaison to the United States Department of Defense in order to facilitate coordination regarding issues that are of significant interest to the state and the department, particularly with regard to any proposed federal Base Realignment and Closure actions. In this role, the office shall do all of the following: (a) Coordinate with the department and other state agencies, state departments, local governments, and other private and public entities to ensure the sustainability of defense activities within the state. (b) Develop legislation that supports the relationship between the state and the department. (c) Work with federal defense agencies to address regulatory activities by state agencies that affect the sustainability of defense operations within the state. (d) Develop any necessary regional or stateside strategies necessary for the establishment and retention of the state’s military facilities and installations that are potentially impacted by any proposed federal Base Realignment and Closure actions. (Added by Stats. 2012, Ch. 395, Sec. 1. (AB 342) Effective January 1, 2013.)
Section 65040.14.Verify source
§ 65040.15.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. )Amendment

The Office of Planning and Research must complete a study by January 1, 2021 on tax increment financing tools for housing production.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. ) ## 65040.15. On or before January 1, 2021, the Office of Planning and Research shall complete a study on the effectiveness of tax increment financing tools for increasing housing production, including a comparison of the relative advantages and disadvantages of infrastructure financing districts, enhanced infrastructure financing districts, affordable housing authorities, use of the Neighborhood Infill Finance and Transit Improvements Act, and use of the Second Neighborhood Infill Finance and Transit Improvements Act. The study shall also include an analysis of the impacts of extending the Second Neighborhood Infill Finance and Transit Improvements Act to areas around bus stops, including segregated bus rapid transit, and make recommendations to the Legislature. (Added by Stats. 2018, Ch. 559, Sec. 3. (SB 961) Effective January 1, 2019.)
Section 65040.15.Verify source
§ 65040.17.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. )Amendment

The California Complete Count - Census 2020 Office must work with local contracted educational agencies to provide census information to students and their parents or guardians at schools.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. ) ## 65040.17. (a) The California Complete Count - Census 2020 Office, under the Government Operations Agency, shall partner with local contracted educational agencies to make information described in subdivision (b) about the 2020 federal decennial census available to students and their parents or guardians at schools. (b) The information provided pursuant to subdivision (a) shall include, but not be limited to, all of the following: (1) The importance of the census. (2) The privacy protections and policies set forth by the United States Census Bureau. (3) Community-based resources available to assist with completing the federal census questionnaire. (4) How to access resources provided by the United States Census Bureau. (5) Any other information the California Complete Count - Census 2020 Office determines is necessary or convenient to encourage participation in the census. (Added by Stats. 2019, Ch. 560, Sec. 1. (AB 1666) Effective October 8, 2019.)
Section 65040.17.Verify source
§ 65040.2.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. )Repeal

The office must develop and update land-use planning guidelines for city and county general plans, and may seek technical assistance from state departments and agencies.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. ) ## 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. (Amended by Stats. 2008, Ch. 657, Sec. 3. Effective January 1, 2009.)
Section 65040.2.Verify source
§ 65040.20.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. )Amendment

When the Office of Planning and Research adopts its next edition of the general plan guidelines, it must include paragraph (3) of subdivision (g) of Section 65302 or a reference to it, plus any other fire-hazard or fire-safety materials it considers appropriate.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. ) ## 65040.20. The Office of Planning and Research, when it adopts its next edition of the general plan guidelines pursuant to Section 65040.2, shall include the provisions of, or a reference to, paragraph (3) of subdivision (g) of Section 65302, and any other materials related to fire hazards or fire safety it deems appropriate. (Added by Stats. 2012, Ch. 311, Sec. 1. (SB 1241) Effective January 1, 2013.)
Section 65040.20.Verify source
§ 65040.3.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. )Amendment

When a local or regional agency asks, the office may provide information and technical and professional advice about plans, related regulations and programs, and planning problems.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. ) ## 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. (Amended by Stats. 1996, Ch. 799, Sec. 3. Effective January 1, 1997.)
Section 65040.3.Verify source
§ 65040.4.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. )Amendment

The office must divide the state into regional planning districts.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. ) ## 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. (Added by Stats. 1975, Ch. 641.)
Section 65040.4.Verify source
§ 65040.5.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. )Repeal

The office must notify a city or county if its general plan has not been revised within eight years, and must notify the Attorney General if the plan has not been revised within ten years.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. ) ## 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. (Repealed and added by Stats. 1993, Ch. 437, Sec. 2. Effective September 24, 1993.)
Section 65040.5.Verify source
§ 65040.6.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. )Amendment

This section creates the Planning Advisory and Assistance Council, sets its membership and appointment rules, and requires the council to advise and assist the office.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. ) ## 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. (Amended by Stats. 1997, Ch. 580, Sec. 3. Effective January 1, 1998.)
Section 65040.6.Verify source
§ 65040.7.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. )Amendment

The Office of Planning and Research must identify certain state agencies and coordinate Department of Defense participation in state energy and environmental policy, and identified state agencies must consider defense-related impacts when developing and implementing those policies.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. ) ## 65040.7. (a) For purposes of this section, the following terms have the following meanings: (1) “Energy security and military mission goals” means federal laws, regulations, or executive orders, related to alternative fuel and vehicle technology, clean energy, energy efficiency, water and waste conservation, greenhouse gas emissions reductions, and related infrastructure, including, but not limited to, the federal laws, regulations, and executive orders, and the goals set forth therein, of the National Energy Conservation Policy Act (42 U.S.C. Sec. 8201 et seq.), the Energy Independence and Security Act of 2007 (42 U.S.C. Sec. 17001 et seq.), the Energy Policy Act of 2005 (42 U.S.C. Sec. 15801 et seq.), and the Energy Policy Act of 1992 (42 U.S.C. Sec. 13201 et seq.), and the goals set forth in Executive Order No. 13514, Executive Order No. 13423, and Executive Order No. 13221. (2) “State energy and environmental policies” includes, but is not limited to, policies involving alternative fuels and vehicle technology and related fueling infrastructure, renewable electricity generation and related transmission infrastructure, energy efficiency and demand response, waste management, recycling, water conservation, water quality, water supply, greenhouse gas emissions reductions, and green chemistry. (b) A state agency that is identified by the Office of Planning and Research pursuant to paragraph (1) of subdivision (c) shall, when developing and implementing state energy and environmental policies, consider the direct impacts of those policies upon the United States Department of Defense’s energy security and military mission goals. (c) The Office of Planning and Research shall do both of the following: (1) Identify state agencies that develop and implement state energy and environmental policies that directly impact the United States Department of Defense’s energy security and military mission goals in the state. (2) Serve as a liaison to coordinate effective inclusion of the United States Department of Defense in the development and implementation of state energy and environmental policy. (d) This section shall not do any of the following: (1) Interfere with the existing authority of, or prevent, an agency or department from carrying out of its programs, projects, or responsibilities. (2) Limit compliance with requirements imposed under any other law. (3) Authorize or require the United States Department of Defense to operate differently from any other self-generating ratepayer, or alter an existing rate structure. (Amended by Stats. 2013, Ch. 76, Sec. 100. (AB 383) Effective January 1, 2014.)
Section 65040.7.Verify source
§ 65040.8.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. )Amendment

The Office of Planning and Research must develop a housing cost manual and finish it by January 1, 1981.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. ) ## 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. (Added by Stats. 1979, Ch. 854.)
Section 65040.8.Verify source
§ 65040.9.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. )Amendment

The Office of Planning and Research must prepare and publish an advisory planning handbook, and it may accept and spend grants and gifts for that purpose.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 4. Powers and Duties [65040 - 65040.17] ( Article 4 added by Stats. 1970, Ch. 1534. ) ## 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 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. (Amended by Stats. 2014, Ch. 401, Sec. 46. (AB 2763) Effective January 1, 2015.)
Section 65040.9.Verify source
§ 65041.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. )Amendment

The Governor must prepare and keep updated a comprehensive State Environmental Goals and Policy Report.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. ) ## 65041. The Governor shall prepare and thereafter shall cause to be maintained, regularly reviewed, and revised a comprehensive State Environmental Goals and Policy Report. In the preparation of the report, priority shall be given to the development of statewide land use policy, including the recommendations resulting from the land use planning and implementation program set forth in Section 65040.6, and including the recommendations of the Planning Advisory and Assistance Council established pursuant to subdivision (a) of Section 65040.6. The report shall contain, but not be limited to, the following: (a) An overview, looking 20 to 30 years ahead, of state growth and development and a statement of approved state environmental goals and objectives, including those directed to land use, population growth and distribution, development, the conservation of natural resources, and air and water quality. (b) Description of new and revised state policies, programs and other actions of the executive and legislative branches required to implement statewide environmental goals, including intermediate-range plans and actions directed to natural resources, human resources and transportation. (c) On and after January 1, 2004, any revision to the report shall provide that the goals are consistent with the state planning priorities specified pursuant to Section 65041.1. (Amended by Stats. 2002, Ch. 1016, Sec. 3. Effective January 1, 2003.)
Section 65041.Verify source
§ 65041.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. )Amendment

This section states California’s planning priorities for promoting infill development, protecting natural and agricultural resources, and encouraging efficient development patterns.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. ) ## 65041.1. The state planning priorities, which are intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety in the state, including in urban, suburban, and rural communities, shall be as follows: (a) To promote infill development and equity by rehabilitating, maintaining, and improving existing infrastructure that supports infill development and appropriate reuse and redevelopment of previously developed, underutilized land that is presently served by transit, streets, water, sewer, and other essential services, particularly in underserved areas, and to preserving cultural and historic resources. (b) To protect environmental and agricultural resources by protecting, preserving, and enhancing the state’s most valuable natural resources, including working landscapes such as farm, range, and forest lands, natural lands such as wetlands, watersheds, wildlife habitats, and other wildlands, recreation lands such as parks, trails, greenbelts, and other open space, and landscapes with locally unique features and areas identified by the state as deserving special protection. (c) To encourage efficient development patterns by ensuring that any infrastructure associated with development, other than infill development, supports new development that does all of the following: (1) Uses land efficiently. (2) Is built adjacent to existing developed areas to the extent consistent with the priorities specified pursuant to subdivision (b). (3) Is located in an area appropriately planned for growth. (4) Is served by adequate transportation and other essential utilities and services. (5) Minimizes ongoing costs to taxpayers. (Amended (as added by Stats. 2002, Ch. 1016) by Stats. 2002, Ch. 1109, Sec. 1. Effective January 1, 2003.)
Section 65041.1.Verify source
§ 65042.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. )Amendment

State government officers, agencies, departments, and instrumentalities must cooperate on the State Environmental Goals and Policy Report, keep functional plans aligned with state planning priorities, and comply with requests for advice, assistance, information, or other material.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. ) ## 65042. Every officer, agency, department, or instrumentality of state government, including, but not limited to, all trustee agencies as defined in Section 21070 of the Public Resources Code, shall do all of the following: (a) Cooperate in the preparation and maintenance of the State Environmental Goals and Policy Report. (b) By January 1, 2005, ensure that their entity’s functional plan is consistent with the state planning priorities specified pursuant to Section 65041.1 and annually demonstrate to the office, and to the Department of Finance when requesting infrastructure pursuant to subdivision (a) of Section 13102, how the plans are consistent with those priorities. (c) Comply with any request for advice, assistance, information or other material. (Amended by Stats. 2012, Ch. 565, Sec. 27. (SB 1148) Effective January 1, 2013.)
Section 65042.Verify source
§ 65043.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. )Amendment

The Governor must consider public hearings, citizen advisory groups, and other suitable actions to improve public understanding and response about statewide environmental goals, policies, and actions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. ) ## 65043. The maximum public understanding and response to alternative statewide environmental goals, policies and actions shall be sought in the preparation and maintenance of the State Environmental Goals and Policy Report. The Governor shall consider the desirability of periodic public hearings, the formation of citizen advisory groups and other appropriate actions to accomplish this purpose. (Added by Stats. 1970, Ch. 1534.)
Section 65043.Verify source
§ 65044.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. )Amendment

After the State Environmental Goals and Policy Report is completed, the Governor must seek the Legislature’s advice before approval and send the report to the Speaker of the Assembly and the Senate Rules Committee.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. ) ## 65044. Upon completion of the State Environmental Goals and Policy Report, the Governor, prior to approval, shall seek the advice of the Legislature and for this purpose shall transmit the report to the Speaker of the Assembly and to the Senate Rules Committee. (Added by Stats. 1970, Ch. 1534.)
Section 65044.Verify source
§ 65045.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. )Amendment

The Legislature may review the report and then act by resolution on the environmental goals and policies in it.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. ) ## 65045. The Legislature may assign the report for study to one or more standing committees, or to a joint committee and may hold hearings, solicit testimony and take other appropriate action to secure review of the report. Following such review, the Legislature may act by resolution to approve the environmental goals and policies proposed in the report as an indication of legislative intent; or state findings and conclusions and offer changes, deletions or modifications in the environmental goals and policies of the report, or both. (Added by Stats. 1970, Ch. 1534.)
Section 65045.Verify source
§ 65046.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. )Amendment

The Governor must consider legislative advice and, if he approves the report, transmit it to specified government recipients.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. ) ## 65046. The Governor shall consider any advice offered by the Legislature as provided in Section 65045 and, upon his approval, shall transmit the report to the Legislature, to state agencies, departments and boards, appropriate federal agencies and to the chief executive officer of every city and county in the state. (Added by Stats. 1970, Ch. 1534.)
Section 65046.Verify source
§ 65047.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. )Amendment

After the Governor approves it, the State Environmental Goals and Policy Report is used to record state environmental goals and decisions, inform the Legislature and the public, and guide state planning and resource allocation.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. ) ## 65047. Upon approval by the Governor, the State Environmental Goals and Policy Report shall serve to: (a) Record approved goals, policies and decisions of state government related to statewide growth and development and the preservation of environmental quality. (b) Advise the Legislature of statutory action required to implement state environmental goals and objectives. (c) Inform other levels of government and the public at large of approved state environmental goals and objectives and the proposed direction of state programs and actions in achieving them. (d) Provide a clear framework of goals and objectives as a guide to the preparation and evaluation of state functional plans. (e) Serve as a basis for judgments about the design, location and priority of major public programs, capital projects and other actions, including the allocation of state resources for environmental purposes through the budget and appropriation process. (Added by Stats. 1970, Ch. 1534.)
Section 65047.Verify source
§ 65048.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. )Amendment

The Governor must revise, update, and transmit the State Environmental Goals and Policy Report to the Legislature every four years, and the Office of Planning and Research must report annually by January 1 on implementation.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. ) ## 65048. (a) The State Environmental Goals and Policy Report shall be revised, updated, and transmitted by the Governor to the Legislature every four years. Any revision on and after January 1, 2004, shall be consistent with the state planning priorities specified pursuant to Section 65041.1. The Governor may, at any time, inform and seek advice of the Legislature on proposed changes in state environmental goals, objectives, and policies. (b) The Office of Planning and Research shall report to the Governor and the Legislature annually on or before January 1 regarding the implementation of the State Environmental Goals and Policy Report. The office shall give priority to the preparation of this report, but shall fund the report only out of its existing resources. (Amended by Stats. 2003, Ch. 296, Sec. 17.5. Effective January 1, 2004.)
Section 65048.Verify source
§ 65049.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. )Amendment

After approval of the State Environmental Goals and Policy Report, it serves as a guide for state expenditures.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. ) ## 65049. Following approval of the State Environmental Goals and Policy Report as provided in Section 65046, the report shall serve as a guide for state expenditures. In transmitting the annual budget to the Legislature, information shall be included relating proposed expenditures to the achievement of statewide goals and objectives set forth in the report. (Amended by Stats. 2002, Ch. 1016, Sec. 7. Effective January 1, 2003.)
Section 65049.Verify source
§ 6505.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Amendment

Joint powers agreements must provide for strict fund accountability and reporting, and usually require annual audits and filing of audit reports, with some exceptions.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6505. (a) The agreement shall provide for strict accountability of all funds and report of all receipts and disbursements. (b) In addition, and provided a separate agency or entity is created, the public officer performing the functions of auditor or controller as determined pursuant to Section 6505.5, shall either make or contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of every agency or entity, except that the officer need not make or contract for the audit in any case where an annual audit of the accounts and records of the agency or entity by a certified public accountant or public accountant is otherwise made by any agency of the state or the United States only as to those accounts and records which are directly subject to such a federal or state audit. In each case the minimum requirements of the audit shall be those prescribed by the Controller for special districts under Section 26909 and shall conform to generally accepted auditing standards. (c) When an audit of an account and records is made by a certified public accountant or public accountant, a report thereof shall be filed as public records with each of the contracting parties to the agreement and also with the county auditor of the county where the home office of the joint powers authority is located and shall be sent to any public agency or person in California that submits a written request to the joint powers authority. The report shall be filed within 12 months of the end of the fiscal year or years under examination. (d) When a nonprofit corporation is designated by the agreement to administer or execute the agreement and no public officer is required to perform the functions of auditor or controller as determined pursuant to Section 6505.5, an audit of the accounts and records of the agreement shall be made at least once each year by a certified public accountant or public accountant, and a report thereof shall be filed as a public record with each of the contracting parties to the agreement and with the county auditor of the county where the home office of the joint powers authority is located, and shall be sent to any public agency or person in California that submits a written request to the joint powers authority. These reports shall be filed within 12 months after the end of the fiscal year or years under examination. (e) Any costs of the audit, including contracts with, or employment of certified public accountants or public accountants, in making an audit pursuant to this section shall be borne by the agency or entity and shall be a charge against any unencumbered funds of the agency or entity available for the purpose. (f) All agencies or entities may, by unanimous request of the governing body thereof, replace the annual special audit with an audit covering a two-year period. (g) Notwithstanding the foregoing provisions of this section to the contrary, agencies or entities shall be exempt from the requirement of an annual audit if the financial statements are audited by the Controller to satisfy federal audit requirements. (Amended by Stats. 1998, Ch. 876, Sec. 4. Effective January 1, 1999.)
Section 6505.Verify source
§ 6505.1.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Provision

Contracting parties must designate the public officials or persons who control or access agency property, and require them to post an official bond.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6505.1. The contracting parties to an agreement made pursuant to this chapter shall designate the public office or officers or person or persons who have charge of, handle, or have access to any property of the agency or entity and shall require such public officer or officers or person or persons to file an official bond in an amount to be fixed by the contracting parties. (Added by Stats. 1968, Ch. 972.)
Section 6505.1.Verify source
§ 6505.5.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Amendment

If a separate agency or entity is created, the agreement must name a treasurer or certified public accountant to hold its money, and that person must receive, safeguard, pay, and report on the funds.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6505.5. If a separate agency or entity is created by the agreement, the agreement shall designate the treasurer of one of the contracting parties, or in lieu thereof, the county treasurer of a county in which one of the contracting parties is situated, or a certified public accountant to be the depositary and have custody of all the money of the agency or entity, from whatever source. The treasurer or certified public accountant so designated shall do all of the following: (a) Receive and receipt for all money of the agency or entity and place it in the treasury of the treasurer so designated to the credit of the agency or entity. (b) Be responsible, upon his or her official bond, for the safekeeping and disbursement of all agency or entity money so held by him or her. (c) Pay, when due, out of money of the agency or entity held by him or her, all sums payable on outstanding bonds and coupons of the agency or entity. (d) Pay any other sums due from the agency or entity from agency or entity money, or any portion thereof, only upon warrants of the public officer performing the functions of auditor or controller who has been designated by the agreement. (e) Verify and report in writing on the first day of July, October, January, and April of each year to the agency or entity and to the contracting parties to the agreement the amount of money he or she holds for the agency or entity, the amount of receipts since his or her last report, and the amount paid out since his or her last report. The officer performing the functions of auditor or controller shall be of the same public agency as the treasurer designated as depositary pursuant to this section. However, where a certified public accountant has been designated as treasurer of the entity, the auditor of one of the contracting parties or of a county in which one of the contracting parties is located shall be designated as auditor of the entity. The auditor shall draw warrants to pay demands against the agency or entity when the demands have been approved by any person authorized to so approve in the agreement creating the agency or entity. The governing body of the same public entity as the treasurer and auditor specified pursuant to this section shall determine charges to be made against the agency or entity for the services of the treasurer and auditor. However, where a certified public accountant has been designated as treasurer, the governing body of the same public entity as the auditor specified pursuant to this section shall determine charges to be made against the agency or entity for the services of the auditor. (Amended by Stats. 1999, Ch. 83, Sec. 65. Effective January 1, 2000.)
Section 6505.5.Verify source
§ 6505.6.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Provision

An agency or entity may appoint one of its officers or employees to serve as treasurer, auditor, or both, instead of using the designation in Section 6505.5.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6505.6. In lieu of the designation of a treasurer and auditor as set forth in Section 6505.5, the agency or entity may appoint one of its officers or employees to either or both of such positions. Such offices may be held by separate officers or employees or combined and held by one officer or employee. Such person or persons shall comply with the duties and responsibilities of the office or offices as set forth in subdivisions (a) to (d), inclusive, of Section 6505.5. In the event the agency or entity designates its officers or employees to fill the functions of treasurer or auditor, or both, pursuant to this section, such officers or employees shall cause an independent audit to be made by a certified public accountant, or public accountant, in compliance with Section 6505. (Added by Stats. 1979, Ch. 276.)
Section 6505.6.Verify source
§ 65050.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. )Amendment

A Statewide Director of Immigrant Integration is established, and the director must be appointed by the Governor and perform reporting, clearinghouse, and monitoring duties.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. ) ## 65050. There is hereby established a Statewide Director of Immigrant Integration. The director shall be appointed by and serve at the pleasure of the Governor. The director shall serve as the statewide lead for the planning and coordination of immigrant services and policies in California. The duties of the Statewide Director of Immigrant Integration shall include, but are not limited to, all of the following: (a) Develop comprehensive statewide report on programs and services that serve immigrants, including immigrants regardless of legal presence. The report shall include all of the following: (1) Federal and state laws, regulations, and policies that create programs or authorize the access or participation of immigrants, including immigrants without legal presence. (2) Programs and services currently managed by a state agency or department to support California immigrants, such as naturalization services and other immigrant assistance programs, and the agency or department responsible for administering the funding or implementing the program. (b) On or before January 10, 2017, report to the Governor and the Legislature on the programs and services described in subdivision (a) and a statewide plan for better implementation and coordination of immigrant assistance policies and programs. (c) On or before July 10, 2017, develop an online clearinghouse of immigrant services, resources, and programs. (d) Monitor the implementation of statewide laws and regulations that serve immigrants. (Added by Stats. 2015, Ch. 25, Sec. 36. (SB 84) Effective June 24, 2015.)
Section 65050.Verify source
§ 65051.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. )Amendment

Creates the Immigrant Integration Fund in the State Treasury and says the money must be used only for purposes authorized by the chapter.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5. Statewide Environmental Goals and Policy Report [65041 - 65051] ( Article 5 added by Stats. 1970, Ch. 1534. ) ## 65051. (a) The Immigrant Integration Fund is hereby created in the State Treasury. Moneys in the fund shall be used for any purpose authorized by this chapter. (b) The Immigrant Integration Fund may be funded by both private and public funds. Cash donations received pursuant to this subdivision shall be deposited into the fund and shall be made available immediately upon deposit and appropriation by the Legislature for the purposes described in this chapter. (Added by Stats. 2015, Ch. 25, Sec. 37. (SB 84) Effective June 24, 2015.)
Section 65051.Verify source
§ 65054.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5.7. Diverse, Ethnic, and Community Media [65054 - 65054.3] ( Article 5.7 added by Stats. 2024, Ch. 352, Sec. 2. )Repeal

This section defines several terms for the article, including ethnic media, priority populations, ethnic media outlet, community media outlet, and “Office.”

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5.7. Diverse, Ethnic, and Community Media [65054 - 65054.3] ( Article 5.7 added by Stats. 2024, Ch. 352, Sec. 2. ) ## 65054. For the purposes of this article, the following definitions apply: (a) (1) “Ethnic media” means any organization that produces news or culturally relevant media that serves ethnic, racial, or cultural communities residing in California, including priority populations, racial and linguistic minorities, immigrant communities, indigenous groups, and other historically underserved and underrepresented groups. (2) For purposes of paragraph (1), “priority populations” for purposes of this article, mean members of underserved, disadvantaged, and hard-to-reach communities, including, but not limited to, people who are any of the following: (A) Asian American. (B) Black or African American. (C) Immigrants or refugees. (D) Native American or members of Tribal communities. (E) Latinx. (F) LGBTQ+. (G) Limited English proficiency (LEP). (H) Middle Eastern or North African. (I) Native Hawaiian or Pacific Islander. (J) People with disabilities. (K) Religious minorities. (L) Low-income communities. (b) “Ethnic media outlet” means an entity that provides a substantial amount of ethnic media content through broadcast, print, or digital means, including television, radio, or online outlets on a daily, weekly, or other regular interval, and that has continuously produced that content for at least one year. (c) “Community media outlet” means a nonprofit organization, small business, or microbusiness, as defined in paragraphs (1) and (2) of subdivision (d) of Section 14837, in which at least one-half of the content is originally produced community news and cultural content of specific interest to a community, city, neighborhood, or region in the state through broadcast, print, or digital means, including television, radio, or online outlets on a daily, weekly, or other regular interval, and that has continuously produced that content for at least one year. (d) “Office” means the Office of Community Partnerships and Strategic Communications. (Added by Stats. 2024, Ch. 352, Sec. 2. (AB 1511) Effective January 1, 2025. Inoperative July 1, 2028. Repealed as of January 1, 2029, pursuant to Section 65054.3.)
Section 65054.Verify source
§ 65054.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5.7. Diverse, Ethnic, and Community Media [65054 - 65054.3] ( Article 5.7 added by Stats. 2024, Ch. 352, Sec. 2. )Repeal

The office must assist state agencies and departments with marketing, advertising, and outreach to the priority populations named in Section 65054.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5.7. Diverse, Ethnic, and Community Media [65054 - 65054.3] ( Article 5.7 added by Stats. 2024, Ch. 352, Sec. 2. ) ## 65054.1. The office shall assist state agencies and departments in marketing, advertising, and outreach to priority populations identified in paragraph (2) of subdivision (a) of Section 65054. (Added by Stats. 2024, Ch. 352, Sec. 2. (AB 1511) Effective January 1, 2025. Inoperative July 1, 2028. Repealed as of January 1, 2029, pursuant to Section 65054.3.)
Section 65054.1.Verify source
§ 65054.2.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5.7. Diverse, Ethnic, and Community Media [65054 - 65054.3] ( Article 5.7 added by Stats. 2024, Ch. 352, Sec. 2. )Repeal

Certain state agencies and departments must create a plan to increase spending on ethnic and community media, then report annually on progress; the Department of General Services must provide a report template.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5.7. Diverse, Ethnic, and Community Media [65054 - 65054.3] ( Article 5.7 added by Stats. 2024, Ch. 352, Sec. 2. ) ## 65054.2. (a) A state agency or department that expends funds on marketing, advertising, or outreach shall, no later than July 1, 2025, develop a plan for increasing expenditures directed to ethnic media outlets and community media outlets serving the populations identified in paragraph (2) of subdivision (a) of Section 65054 to improve outreach to and engagement of members of populations served by those outlets, particularly when the target audience for the campaign aligns with populations served by such media outlets. (b) Each state agency or department that is required to develop a plan pursuant to subdivision (a) shall report annually on its progress in implementing the plan, including total expenditures directed to ethnic media outlets and community media outlets serving the populations identified in paragraph (2) of subdivision (a) of Section 65054 during the preceding fiscal year. The report shall be posted on the agency’s or department’s internet website no later than September 1 each year. (c) The Department of General Services shall develop a template for the report required pursuant to subdivision (b) and make it available to all state agencies and departments no later than December 1, 2025. (Added by Stats. 2024, Ch. 352, Sec. 2. (AB 1511) Effective January 1, 2025. Inoperative July 1, 2028. Repealed as of January 1, 2029, pursuant to Section 65054.3.)
Section 65054.2.Verify source
§ 65054.3.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5.7. Diverse, Ethnic, and Community Media [65054 - 65054.3] ( Article 5.7 added by Stats. 2024, Ch. 352, Sec. 2. )Repeal

This article becomes inoperative on July 1, 2028 and is repealed as of January 1, 2029.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 5.7. Diverse, Ethnic, and Community Media [65054 - 65054.3] ( Article 5.7 added by Stats. 2024, Ch. 352, Sec. 2. ) ## 65054.3. This article shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed. (Added by Stats. 2024, Ch. 352, Sec. 2. (AB 1511) Effective January 1, 2025. Inoperative July 1, 2028. Repealed as of January 1, 2029, by its own provisions. Repeal affects Article 5.7, commencing with Section 65054.)
Section 65054.3.Verify source
§ 65059.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 7. California Education Learning Laboratory [65059.1 - 65059.3] ( Article 7 added by Stats. 2018, Ch. 33, Sec. 60. )Amendment

This section defines four terms used in the article: adaptive learning, learning lab, Office, and STEM.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 7. California Education Learning Laboratory [65059.1 - 65059.3] ( Article 7 added by Stats. 2018, Ch. 33, Sec. 60. ) ## 65059.1. For purposes of this article, the following definitions shall apply: (a) “Adaptive learning” means a technology-mediated environment in which the learner’s experience is adapted to learner behavior and responses. (b) “Learning lab” means the California Education Learning Laboratory established in Section 65059.2. (c) “Office” means the Office of Planning and Research. (d) “STEM” means science, technology, engineering, and mathematics. (Added by Stats. 2018, Ch. 33, Sec. 60. (AB 1809) Effective June 27, 2018.)
Section 65059.1.Verify source
§ 65059.2.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 7. California Education Learning Laboratory [65059.1 - 65059.3] ( Article 7 added by Stats. 2018, Ch. 33, Sec. 60. )Amendment

The office runs the California Education Learning Laboratory, awards grants, posts funding guidelines, monitors projects, and must make funded courses and technology available as open education resources.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 7. California Education Learning Laboratory [65059.1 - 65059.3] ( Article 7 added by Stats. 2018, Ch. 33, Sec. 60. ) ## 65059.2. (a) The California Education Learning Laboratory is hereby established as a program under the Office of Planning and Research. The purpose of the learning lab is to increase learning outcomes and to close equity and achievement gaps, using learning science and adaptive learning technologies in online or hybrid college-level lower division courses in science, technology, engineering, and mathematics (STEM) and other disciplines. (b) (1) In administering the learning lab, the office shall issue calls for, evaluate, and annually award funds to, competitive grant proposals from intersegmental faculty teams that apply principles of learning science and adaptive learning technologies in online or hybrid course series in STEM and other disciplines, based on, but not limited to, all of the following criteria: (A) The potential for reducing achievement and equity gaps in the particular discipline that is the subject of the call for proposals. (B) The depth and breadth of expertise in the particular discipline and deployment of learning science or adaptive learning technologies across the proposal’s team members. (C) The prospects for increasing equity and accessibility in quality STEM education and other disciplines that show high initial failure or dropout rates, including scaling access to a newly developed or redesigned course or course series in the future. (D) The potential to incorporate real-time learning outcome data to improve the curriculum. (E) The potential to utilize a common technology platform to deliver the course or course series. (F) The representation of all three public higher education segments on the proposal’s faculty team. (G) The inclusion of career education and workforce pathways in the proposal. (H) Opportunities to leverage nonstate funding. (I) The quality of the concrete metrics and goals identified in the proposal. (2) The office shall monitor the progress of proposals awarded funds and evaluate them upon their completion. (3) (A) The office shall recruit an expert selection committee to score proposals and to recommend proposals to the office. (B) Members of the selection committee shall be deemed to not be interested in any contract, including any recommendation to award funds by the committee, formed pursuant to this section. (C) The selection committee shall comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2), except during the deliberative process as it relates to scoring, reviewing, and ranking proposals and to making final recommendations to the office. (c) The office shall create, and post on a publicly available Internet Web site, guidelines for awarding funds pursuant to subdivision (b). The guidelines shall include, but are not limited to, all of the following: (1) A competitive, merit-based application process that allows faculty from public higher education institutions to submit proposals. For the first three years that proposals are accepted, the office shall select STEM disciplines from which to award proposals. The office may limit the number of submissions per higher education campus. (2) A comprehensive peer-reviewed proposal selection process. (3) Eligibility requirements, which shall include, but not be limited to, all of the following provisions: (A) At least two of the three public higher education segments must be represented by each proposal’s faculty team members. (B) All faculty team members must commit to teaching and evaluating the codeveloped or jointly redesigned curriculum during the grant period. (C) A proposal may include team members from private nonprofit institutions or nonfaculty, as appropriate. (4) Requirements regarding the use of awarded funds, including, but not limited to, a cap on indirect cost rates. (5) Requirements regarding the use and sharing of research data and findings. (6) Requirements for the protection of privacy and personal information. (d) (1) Beginning January 1, 2020, the office may, in addition to the funds awarded under subdivision (b), do both of the following as part of the learning lab: (A) Award funds for professional development to faculty interested in adopting a successful course or course series developed or redesigned through the learning lab. (B) Curate a “best of” learning science library of online and hybrid courses and course series, including proposals that have demonstrated successful outcomes. (2) The office shall create, and post on a publicly available Internet Web site, guidelines for the awarding of funds pursuant to subparagraph (A) of paragraph (1). (e) The office shall solicit public, nonprofit, and private sector input on any additional guidelines for the awarding of funds pursuant to subdivisions (c) and (d). (f) The office shall establish terms and conditions that require learning lab courses and course series, and technology and technology platforms developed or redesigned with learning lab funds, to be available as open education resources. (g) (1) The office shall annually submit a report to the Legislature that provides a summary of awarded funds. The office shall also submit evaluations of completed proposal projects to the Legislature. Multiple project evaluations may be submitted under one report. (2) A written report submitted pursuant to paragraph (1) shall be made in compliance with Section 9795. (h) The office may receive nonstate funds to support the operations of the learning lab, to make additional funds available, or to increase the amount of funds previously awarded to a learning lab proposal. (i) Up to 5 percent of any amount appropriated to the office for the learning lab may be used by the office for administrative costs. (1) The evaluation of a project pursuant to subdivision (g) shall not be considered an administrative cost for purposes of this section. (2) The curation of the learning science library pursuant to subdivision (d) shall not be considered an administrative cost for purposes of this section. (j) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2), the office may implement or interpret this article without taking any regulatory action. (k) The office may enter into an agreement with a public entity, or with a nonprofit or not-for-profit organization, or a consortium of those organizations, for the purpose of administering or jointly administering the learning lab, or administering any provision of this article. (Added by Stats. 2018, Ch. 33, Sec. 60. (AB 1809) Effective June 27, 2018.)
Section 65059.2.Verify source
§ 65059.3.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 7. California Education Learning Laboratory [65059.1 - 65059.3] ( Article 7 added by Stats. 2018, Ch. 33, Sec. 60. )Amendment

The Legislature says the office should award learning lab funds in line with the listed conditions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 1.5. Office of Land Use and Climate Innovation [65025 - 65059.3] ( Heading of Chapter 1.5 amended by Stats. 2024, Ch. 41, Sec. 40. ) ## ARTICLE 7. California Education Learning Laboratory [65059.1 - 65059.3] ( Article 7 added by Stats. 2018, Ch. 33, Sec. 60. ) ## 65059.3. It is the intent of the Legislature that the office award learning lab funds in compliance with all of the following: (a) The funds are awarded to public higher education institutions located in California. (b) Awarded funds may be used to include private nonprofit higher education institutions located in California. (c) Recipients of awarded funds include, but are not limited to, public higher education institutions in both northern and southern California. (Added by Stats. 2018, Ch. 33, Sec. 60. (AB 1809) Effective June 27, 2018.)
Section 65059.3.Verify source
§ 6506.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Amendment

Parties to a joint powers agreement may designate who administers or executes the agreement, may share services with each other, and may exchange services without paying extra consideration beyond those services.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6506. The agency or entity provided by the agreement to administer or execute the agreement may be one or more of the parties to the agreement or a commission or board constituted pursuant to the agreement or a person, firm or corporation, including a nonprofit corporation, designated in the agreement. One or more of the parties may agree to provide all or a portion of the services to the other parties in the manner provided in the agreement. The parties may provide for the mutual exchange of services without payment of any consideration other than such services. (Amended by Stats. 1977, Ch. 209.)
Section 6506.Verify source
§ 65060.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 1. General Provisions and Definitions [65060 - 65060.8] ( Article 1 added by Stats. 1963, Ch. 1811. )Repeal

This chapter may be cited and is known as the Regional Planning Law.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 1. General Provisions and Definitions [65060 - 65060.8] ( Article 1 added by Stats. 1963, Ch. 1811. ) ## 65060. This chapter may be cited and shall be known as the Regional Planning Law. (Added by Stats. 1963, Ch. 1811.)
Section 65060.Verify source
§ 65060.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 1. General Provisions and Definitions [65060 - 65060.8] ( Article 1 added by Stats. 1963, Ch. 1811. )Repeal

The Legislature states that Californians have a fundamental interest in the orderly development of the state’s urban regions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 1. General Provisions and Definitions [65060 - 65060.8] ( Article 1 added by Stats. 1963, Ch. 1811. ) ## 65060.1. The Legislature finds and declares that the people of California have a fundamental interest in the orderly development of the urban regions of the State in which large segments of the State’s population are concentrated. (Added by Stats. 1963, Ch. 1811.)
Section 65060.1.Verify source
§ 65060.2.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 1. General Provisions and Definitions [65060 - 65060.8] ( Article 1 added by Stats. 1963, Ch. 1811. )Repeal

The Legislature states findings about the need for long-term, regional planning for the physical development of the state’s urban areas.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 1. General Provisions and Definitions [65060 - 65060.8] ( Article 1 added by Stats. 1963, Ch. 1811. ) ## 65060.2. The Legislature further finds and declares: (a) That the State has a positive interest in the preparation and maintenance of a long-term, general plan for the physical development of each of the State’s urban areas that can serve as a guide to the affected local governmental units within such areas and to the state departments and divisions that are charged with constructing state-financed public works within such urban areas. (b) That continuing growth of the State, and particularly urban areas within the State, present problems which are not confined to the boundaries of any single county or city. (c) That the planning activities of counties and cities can be strengthened and more effectively performed when conducted in relation to studies and planning of an urban regional character. (d) That in order to assure, insofar as possible, the orderly and harmonious development of the urban areas of the State, and to provide for the needs of future generations, it is necessary to develop a means of studying, forecasting, and planning for the physical growth and development of these areas. (Added by Stats. 1963, Ch. 1811.)
Section 65060.2.Verify source
§ 65060.3.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 1. General Provisions and Definitions [65060 - 65060.8] ( Article 1 added by Stats. 1963, Ch. 1811. )Repeal

“District” means a district created and operating under this chapter.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 1. General Provisions and Definitions [65060 - 65060.8] ( Article 1 added by Stats. 1963, Ch. 1811. ) ## 65060.3. “District,” as used in this chapter, means a district created and operating under this chapter. (Added by Stats. 1963, Ch. 1811.)
Section 65060.3.Verify source
§ 65060.4.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 1. General Provisions and Definitions [65060 - 65060.8] ( Article 1 added by Stats. 1963, Ch. 1811. )Repeal

In this chapter, “Board” means the regional planning board.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 1. General Provisions and Definitions [65060 - 65060.8] ( Article 1 added by Stats. 1963, Ch. 1811. ) ## 65060.4. “Board,” as used in this chapter, means the regional planning board. (Added by Stats. 1963, Ch. 1811.)
Section 65060.4.Verify source
§ 65060.5.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 1. General Provisions and Definitions [65060 - 65060.8] ( Article 1 added by Stats. 1963, Ch. 1811. )Repeal

This section defines “official census” for this chapter.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 1. General Provisions and Definitions [65060 - 65060.8] ( Article 1 added by Stats. 1963, Ch. 1811. ) ## 65060.5. “Official census,” as used in this chapter, means any decennial or special federal census, or an official estimate of the State Department of Finance. (Added by Stats. 1963, Ch. 1811.)
Section 65060.5.Verify source
§ 65060.6.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 1. General Provisions and Definitions [65060 - 65060.8] ( Article 1 added by Stats. 1963, Ch. 1811. )Repeal

This section defines “Region” for this chapter as the area included within a district.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 1. General Provisions and Definitions [65060 - 65060.8] ( Article 1 added by Stats. 1963, Ch. 1811. ) ## 65060.6. “Region,” as used in this chapter, means the area included within a district. (Added by Stats. 1963, Ch. 1811.)
Section 65060.6.Verify source
§ 65060.7.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 1. General Provisions and Definitions [65060 - 65060.8] ( Article 1 added by Stats. 1963, Ch. 1811. )Repeal

This section defines “regional plan” for this chapter.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 1. General Provisions and Definitions [65060 - 65060.8] ( Article 1 added by Stats. 1963, Ch. 1811. ) ## 65060.7. “Regional plan,” as used in this chapter, means a comprehensive, long-term general plan for the physical development of the region, and any land outside its boundaries which in the board’s judgment bears relation to its planning. The regional plan shall consist of a text and a map or maps, and such recommendations of the regional planning board concerning current or future problems as may in its opinion affect the region as a whole and are proper for inclusion in the regional plan. (Added by Stats. 1963, Ch. 1811.)
Section 65060.7.Verify source
§ 65060.8.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 1. General Provisions and Definitions [65060 - 65060.8] ( Article 1 added by Stats. 1963, Ch. 1811. )Repeal

A regional plan is advisory only and does not bind counties and cities within the relevant regional planning district.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 1. General Provisions and Definitions [65060 - 65060.8] ( Article 1 added by Stats. 1963, Ch. 1811. ) ## 65060.8. A regional plan shall be advisory only and shall not have any binding effect on the counties and cities located within the boundaries of the regional planning district for which the regional plan is adopted. (Added by Stats. 1963, Ch. 1811.)
Section 65060.8.Verify source
§ 65061.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 2. Creation of Districts [65061 - 65061.4] ( Article 2 added by Stats. 1963, Ch. 1811. )Repeal

Regional planning districts are created in each regional area designated by the Council on Intergovernmental Relations after a public hearing, and district boundaries may not divide any county or city.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 2. Creation of Districts [65061 - 65061.4] ( Article 2 added by Stats. 1963, Ch. 1811. ) ## 65061. There is hereby created a regional planning district in each of the regional areas designated by the Council on Intergovernmental Relations for the purposes of this chapter after a public hearing within the region. No county, city and county, or city shall be divided in determining the boundaries of a regional planning district. (Amended by Stats. 1974, Ch. 544.)
Section 65061.Verify source
§ 65061.2.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 2. Creation of Districts [65061 - 65061.4] ( Article 2 added by Stats. 1963, Ch. 1811. )Repeal

Each regional planning district must have boundaries that match the boundaries of the region where it is located.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 2. Creation of Districts [65061 - 65061.4] ( Article 2 added by Stats. 1963, Ch. 1811. ) ## 65061.2. The boundaries of every regional planning district shall be coextensive with the boundaries of the region within which it is situated. (Added by Stats. 1963, Ch. 1811.)
Section 65061.2.Verify source
§ 65061.3.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 2. Creation of Districts [65061 - 65061.4] ( Article 2 added by Stats. 1963, Ch. 1811. )Repeal

A district may not do business or use its powers under this chapter unless two-thirds of the counties and two-thirds of the cities in the district pass resolutions saying the district is needed.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 2. Creation of Districts [65061 - 65061.4] ( Article 2 added by Stats. 1963, Ch. 1811. ) ## 65061.3. A district shall not transact any business or exercise any of its powers under this chapter unless the legislative bodies of two-thirds of the counties and two-thirds of the cities, located within the boundaries of the district, by resolution declare that there is a need for such a district to function in the region. (Added by Stats. 1963, Ch. 1811.)
Section 65061.3.Verify source
§ 65061.4.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 2. Creation of Districts [65061 - 65061.4] ( Article 2 added by Stats. 1963, Ch. 1811. )Repeal

A district may not do business or exercise its powers under this chapter if two-thirds of the cities and counties in the district are participating in regional planning under a joint powers agreement.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 2. Creation of Districts [65061 - 65061.4] ( Article 2 added by Stats. 1963, Ch. 1811. ) ## 65061.4. A district shall not transact any business or exercise any of its powers under this chapter if two-thirds of the cities and counties within the district are participating in regional planning pursuant to a joint powers agreement under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. (Added by Stats. 1963, Ch. 1811.)
Section 65061.4.Verify source
§ 65062.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 3. City Selection Committees [65062- 65062.] ( Article 3 added by Stats. 1963, Ch. 1811. )Repeal

City selection committees in each county within a district must meet within 60 days after the district becomes operative to make the first district board appointments.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 3. City Selection Committees [65062- 65062.] ( Article 3 added by Stats. 1963, Ch. 1811. ) ## 65062. The city selection committee organized in each county within a district pursuant to Article 11 (commencing with Section 50270) of Chapter 1 of Part 1 of Division 1 of Title 5 shall meet within 60 days after the date upon which the district becomes operative for the purpose of making the first appointments to the district board as prescribed in Sections 65063.1 and 65063.3. Succeeding appointments to the board shall be made by such city selection committees as required by this chapter. (Repealed and added by Stats. 1972, Ch. 1232.)
Section 65062.Verify source
§ 65063.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. )Repeal

The Regional Planning Board is the governing body of the district and must be selected as provided in this article.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. ) ## 65063. The Regional Planning Board shall be the governing body of the district, and shall be selected as provided in this article. (Repealed and added by Stats. 1963, Ch. 1811.)
Section 65063.Verify source
§ 65063.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. )Repeal

This section sets how many regional planning board members each county gets, based on population within the district.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. ) ## 65063.1. The number of members of the board to which each county is entitled shall be determined as follows: (a) Each county having, within the district, a population of 350,000 or less shall have two (2) members of the regional planning board, one (1) appointed by the board of supervisors and one (1) appointed by the city selection committee. (b) Each county having, within the district, a population of more than 350,000 and not more than 600,000 shall have four (4) members of the regional planning board. Two members shall be appointed by the board of supervisors and two (2) members shall be appointed by the city selection committee. (c) Each county having, within the district, a population of more than 600,000 shall have six (6) members of the regional planning board. Three (3) members shall be appointed by the board of supervisors and three (3) members shall be appointed by the city selection committee. The population figures as used herein shall be determined by the latest official census. (Repealed and added by Stats. 1963, Ch. 1811.)
Section 65063.1.Verify source
§ 65063.2.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. )Repeal

County boards of supervisors must appoint the regional planning board members within 60 days after the district becomes operative, and the appointed members must be members of those boards of supervisors.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. ) ## 65063.2. Within 60 days after the date the district first becomes operative, the board of supervisors of each county in the district shall appoint as members of the regional planning board of said district the number authorized by Section 65063.1. The members of the regional planning board appointed by boards of supervisors shall be members of said boards of supervisors. (Repealed and added by Stats. 1963, Ch. 1811.)
Section 65063.2.Verify source
§ 65063.3.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. )Repeal

Members of the regional planning board appointed by the city selection committee must be mayors or members of city councils.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. ) ## 65063.3. The members of the regional planning board appointed by the city selection committee shall be mayors or members of the city councils of the cities. (Repealed and added by Stats. 1963, Ch. 1811.)
Section 65063.3.Verify source
§ 65063.4.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. )Repeal

Certain local officials in the district may be appointed to serve at the same time on the regional planning board.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. ) ## 65063.4. A member of the board of supervisors of any county, or a mayor or member of a city council of any city within any county, in the district may be appointed to and serve contemporaneously as a member of the regional planning board. (Repealed and added by Stats. 1963, Ch. 1811.)
Section 65063.4.Verify source
§ 65063.5.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. )Repeal

After the regional planning board members are designated, they must meet and appoint one citizen-at-large member for each county in the district.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. ) ## 65063.5. After the members of the regional planning board to be appointed by the city selection committees and the county boards of supervisors have been designated, they shall meet and appoint one citizen-at-large member for each county included in the district who will be full members of the regional planning board. These citizens-at-large members shall be selected from among persons living within the district who have made outstanding contributions to, or have demonstrated an active interest in, matters of regional concern. (Repealed and added by Stats. 1963, Ch. 1811.)
Section 65063.5.Verify source
§ 65063.6.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. )Repeal

Board members serve four-year terms, stay on until a successor is appointed and qualified, and the first members must draw lots to stagger initial terms.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. ) ## 65063.6. The term of office of the member shall be four years and until the appointment and qualification of his successor; provided that the first members of the board shall classify themselves by lot within the city and county group and the citizen-at-large group so that approximately one-third (1/3) of the members of each group shall hold office for two (2) years, approximately one-third (1/3) shall hold office for three (3) years and approximately one-third (1/3) shall hold office for four (4) years. The power which originally appointed a member whose term has expired shall appoint his successor for a full term of four (4) years. Any member may be removed by the power appointing him. (Added by Stats. 1963, Ch. 1811.)
Section 65063.6.Verify source
§ 65063.7.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. )Repeal

A supervisor, mayor, or city council member may not keep serving on the regional planning board after leaving that local office, unless the person still holds the other office in the specified overlapping-office situations.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. ) ## 65063.7. No supervisor, mayor, or city council member shall hold office on the regional planning board after ceasing to hold the office of supervisor, mayor, or city council member, respectively, and that person’s membership on the board shall thereafter be considered vacant, except that any mayor who continues to hold office as a city council member, or city council member who continues to hold office as mayor, shall not be considered to have ceased to hold office under this section. (Amended by Stats. 2010, Ch. 699, Sec. 19. (SB 894) Effective January 1, 2011.)
Section 65063.7.Verify source
§ 65063.8.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. )Repeal

If a seat on the regional planning board becomes vacant, the power that originally appointed that member must appoint a replacement for the rest of the term.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. ) ## 65063.8. Any vacancy on the regional planning board shall be filled for the unexpired term by appointment by the power which originally appointed the member whose position had become vacant. (Added by Stats. 1963, Ch. 1811.)
Section 65063.8.Verify source
§ 65064.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. )Repeal

A regional planning board member cannot be appointed to a salaried office or employment in the district, and remains ineligible for one year after leaving the board.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. ) ## 65064. No person while serving as a member of the regional planning board shall be eligible to be appointed to any salaried office or employment in the service of the district nor shall he become eligible for such appointment within one (1) year after he has ceased to be a member. (Added by Stats. 1963, Ch. 1811.)
Section 65064.Verify source
§ 65064.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. )Repeal

The board is the district’s governing body and must exercise the district’s powers, unless another rule provides otherwise.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. ) ## 65064.1. The board is the governing body of the district and shall exercise all of the powers of the district, except as otherwise provided. (Added by Stats. 1963, Ch. 1811.)
Section 65064.1.Verify source
§ 65064.2.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. )Repeal

A majority of the board members makes a quorum and may act for the board.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. ) ## 65064.2. A majority of the members of the board constitutes a quorum for the transaction of business and may act for the board. (Added by Stats. 1963, Ch. 1811.)
Section 65064.2.Verify source
§ 65064.3.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. )Repeal

The board may choose a chairman and other officers from among its own members when it considers that necessary.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. ) ## 65064.3. The board may elect a chairman and other officers as it deems necessary from among its own members. (Added by Stats. 1963, Ch. 1811.)
Section 65064.3.Verify source
§ 65064.4.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. )Repeal

The board may appoint an executive committee, and that committee may handle the board’s administrative and executive functions between full meetings.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. ) ## 65064.4. The board may appoint an executive committee, consisting of the chairman of the board, and not more than eight or less than four other members of the board, and such executive committee may carry on the administrative and executive functions of the board between full meetings. (Added by Stats. 1963, Ch. 1811.)
Section 65064.4.Verify source
§ 65064.5.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. )Repeal

The board must meet at least six times each year and may hold extra meetings.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. ) ## 65064.5. The board shall meet at least six times in each year, and may call additional meetings at its own discretion, or, during periods between meetings, at the discretion of the chairman or of a majority of the executive committee. (Added by Stats. 1963, Ch. 1811.)
Section 65064.5.Verify source
§ 65064.6.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. )Repeal

Each board member is entitled to reimbursement of actual and necessary expenses and $20 per day for attending board meetings, subject to a $1,000 yearly cap on the compensation.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. ) ## 65064.6. Each member of the board shall receive the actual and necessary expenses incurred by him in the performance of his duties, plus a compensation of twenty dollars ($20) for each day attending the meetings of the board, but such compensation shall not exceed one thousand dollars ($1,000) in any one year. (Added by Stats. 1963, Ch. 1811.)
Section 65064.6.Verify source
§ 65064.7.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. )Repeal

The board or executive committee may set up other committees or groups it considers appropriate.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 4. Governing Body [65063 - 65064.7] ( Article 4 added by Stats. 1963, Ch. 1811. ) ## 65064.7. The provisions for the executive committee set forth in this article shall not be construed to limit the board or the executive committee from setting up any other committees or groups which it may see fit. (Added by Stats. 1963, Ch. 1811.)
Section 65064.7.Verify source
§ 65065.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 5. Powers and Duties of District [65065 - 65065.4] ( Article 5 added by Stats. 1963, Ch. 1811. )Repeal

The district may establish and maintain offices and acquire, use, exchange, or dispose of property needed for those offices, but it may not purchase real property.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 5. Powers and Duties of District [65065 - 65065.4] ( Article 5 added by Stats. 1963, Ch. 1811. ) ## 65065. The district shall have power to establish and maintain such offices as are judged best to facilitate the accomplishment of the purposes of the district, and to take by grant, purchase, devise, or gift, or to lease or rent, and to hold, use, and enjoy any property necessary or convenient to the establishment, maintenance, or operation of such offices, and to exchange or dispose of such property, except that the district shall not purchase real property. (Added by Stats. 1963, Ch. 1811.)
Section 65065.Verify source
§ 65065.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 5. Powers and Duties of District [65065 - 65065.4] ( Article 5 added by Stats. 1963, Ch. 1811. )Repeal

The district may prepare and adopt a regional plan, study regional problems, help solve development issues, and participate in cooperative programs. When preparing or revising the plan, the board must try to harmonize local, state, federal, and private plans and planning activities.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 5. Powers and Duties of District [65065 - 65065.4] ( Article 5 added by Stats. 1963, Ch. 1811. ) ## 65065.1. The district may perform the following four major functions: (a) The district may prepare, maintain, and regularly review and revise, a regional plan as defined in Section 65060.7, and may, after at least two public hearings in different parts of the region and such other public meetings as may appear to it advisable, adopt such plan as the regional plan for the region. In preparing, adopting, maintaining, reviewing and revising the regional plan, the board shall take account of and seek to harmonize, within the framework of the needs of the regional community as a whole, the master or general plans of cities and counties within the region, and the plans and planning activities of state, federal and other public and private agencies, organizations and instrumentalities within the region and adjacent to it. (b) The district, acting in its own judgment, may make, publish, or assist in making or publishing, studies or investigations of the resources of the region and of existing or emerging problems of any nature related to the physical growth and development, living conditions, beauty, or prosperity of the region, or any part thereof. (c) The district may, acting in its own judgment, offer its facilities and services to assist in the solution of problems related to physical development involving two or more governing bodies, planning commissions, agencies, organizations or instrumentalities, public or private; and may otherwise participate in any program or activity intended to seek or find common or co-operative solutions to problems related to physical development or the integration of policies related to physical development and conservation within the region, or in any part thereof. (Added by Stats. 1963, Ch. 1811.)
Section 65065.1.Verify source
§ 65065.2.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 5. Powers and Duties of District [65065 - 65065.4] ( Article 5 added by Stats. 1963, Ch. 1811. )Repeal

The district and the board may contract, participate in programs, and accept grants, funds, or services from specified public and private sources when the program is judged relevant to their functions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 5. Powers and Duties of District [65065 - 65065.4] ( Article 5 added by Stats. 1963, Ch. 1811. ) ## 65065.2. The district shall have power to contract or otherwise participate in, and to accept grants, funds, or services from the federal government, its agencies or instrumentalities in connection with any federal program judged by the board to be relevant to its functions; and the board shall similarly have the power to contract or otherwise participate in, and to accept grants, funds, or services from the State, or any agency or instrumentality thereof, or any city, county, civic organization or private person in connection with any program judged by the board to be relevant to its function. (Added by Stats. 1963, Ch. 1811.)
Section 65065.2.Verify source
§ 65065.3.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 5. Powers and Duties of District [65065 - 65065.4] ( Article 5 added by Stats. 1963, Ch. 1811. )Repeal

The district has power to make contracts with people or organizations, including for other services the board judges necessary or convenient to carry out the district’s purposes.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 5. Powers and Duties of District [65065 - 65065.4] ( Article 5 added by Stats. 1963, Ch. 1811. ) ## 65065.3. The district shall have power to contract with any person, firm, association, or corporation, or to contract for any other types of services judged by the board to be necessary or convenient for carrying out the purposes of the district. (Added by Stats. 1963, Ch. 1811.)
Section 65065.3.Verify source
§ 65065.4.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 5. Powers and Duties of District [65065 - 65065.4] ( Article 5 added by Stats. 1963, Ch. 1811. )Repeal

The board, with the director’s advice, must set district personnel compensation, staffing levels, and general duties.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 5. Powers and Duties of District [65065 - 65065.4] ( Article 5 added by Stats. 1963, Ch. 1811. ) ## 65065.4. The board, acting with the advice of the director, shall determine the compensation, number, and general duties of personnel employed by the district. (Added by Stats. 1963, Ch. 1811.)
Section 65065.4.Verify source
§ 65066.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 6. Regional Planning Director [65066 - 65066.1] ( Article 6 added by Stats. 1963, Ch. 1811. )Repeal

The board must appoint a regional planning director.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 6. Regional Planning Director [65066 - 65066.1] ( Article 6 added by Stats. 1963, Ch. 1811. ) ## 65066. The board shall appoint a regional planning director. (Repealed and added by Stats. 1963, Ch. 1811.)
Section 65066.Verify source
§ 65066.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 6. Regional Planning Director [65066 - 65066.1] ( Article 6 added by Stats. 1963, Ch. 1811. )Repeal

The regional planning director must serve as the board’s chief administrative and planning officer and carry out specified planning, staffing, and secretary duties, subject to the board’s supervision.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 6. Regional Planning Director [65066 - 65066.1] ( Article 6 added by Stats. 1963, Ch. 1811. ) ## 65066.1. The regional planning director shall be the chief administrative and planning officer and technical adviser of the board. The director shall, subject to the supervision of the board: (a) Direct and administer the preparation, maintenance, regular review and revision of the regional plan, and administer and execute all of the other functions and duties of the district set forth in this chapter. (b) Appoint and remove personnel of the district. (c) Serve, or designate personnel to serve, as executive secretary to the board. (d) Perform such other duties and exercise such other powers as the board may delegate to him. (Added by Stats. 1963, Ch. 1811.)
Section 65066.1.Verify source
§ 65067.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 7. Co-ordination of Local Planning [65067 - 65067.3] ( Article 7 added by Stats. 1963, Ch. 1811. )Repeal

Specified county, city, and state-related bodies must file regional planning and development documents with the board.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 7. Co-ordination of Local Planning [65067 - 65067.3] ( Article 7 added by Stats. 1963, Ch. 1811. ) ## 65067. To facilitate effective and harmonious planning and development of the region, all county and city legislative bodies, and all county, city or other planning agencies within the district shall file with the board, for its information, all county or city master or general plans, the elements of such master or general plans, and any other published development plans, zoning ordinances, official maps, subdivision regulations, or amendments or revisions thereof. All agencies, organizations and instrumentalities of the State within the region shall file with the board, for its information, all public plans, maps, reports and other documents which are related to regional planning or physical development. (Repealed and added by Stats. 1963, Ch. 1811.)
Section 65067.Verify source
§ 65067.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 7. Co-ordination of Local Planning [65067 - 65067.3] ( Article 7 added by Stats. 1963, Ch. 1811. )Repeal

The board may request planning-related documents from federal agencies and private organizations or individuals.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 7. Co-ordination of Local Planning [65067 - 65067.3] ( Article 7 added by Stats. 1963, Ch. 1811. ) ## 65067.1. To facilitate further the effective and harmonious planning of the district, the board may request from the federal government, its agencies and instrumentalities, and from private organizations, agencies, or individuals, copies of those plans, maps, reports and other documents which are related to regional planning. (Added by Stats. 1963, Ch. 1811.)
Section 65067.1.Verify source
§ 65067.2.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 7. Co-ordination of Local Planning [65067 - 65067.3] ( Article 7 added by Stats. 1963, Ch. 1811. )Repeal

Certain local, state, federal, and private planning actors may submit planning proposals to the regional planning board for advice, and the board must give that advice when it is reasonably possible.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 7. Co-ordination of Local Planning [65067 - 65067.3] ( Article 7 added by Stats. 1963, Ch. 1811. ) ## 65067.2. County or city legislative bodies, planning commissions, and all other county or city planning agencies within the district, and agencies, organizations and instrumentalities of the state and federal government within the district, and private planning consultants acting within the district, may submit proposals for any master or general plan, the elements of any master or general plan, any other plan, map, report, capital improvement program, proposed bond issue, or any other report or document or amendments or revisions thereto, prior to their adoption, to the regional planning board for its advice thereon, which advice the board shall give whenever in its opinion it is reasonably possible for it to do so. Such advice shall consist of a report as to the conformance of such proposals to the regional plan, the possible effect of such proposals on other portions of the region, and any other matters which in the judgment of the board may be of assistance to the body requesting such advice. (Added by Stats. 1963, Ch. 1811.)
Section 65067.2.Verify source
§ 65067.3.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 7. Co-ordination of Local Planning [65067 - 65067.3] ( Article 7 added by Stats. 1963, Ch. 1811. )Repeal

The board must submit an annual report on or before March 1.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 7. Co-ordination of Local Planning [65067 - 65067.3] ( Article 7 added by Stats. 1963, Ch. 1811. ) ## 65067.3. In addition to the other reports, studies and documents provided in this chapter, the board shall submit to the legislative bodies and to the planning agencies of all of the counties, cities, and to other governmental agencies and instrumentalities, official representatives, other agencies, organizations and individuals, public or private, designated by the board, an annual report on or before the first day of March. The annual report shall contain a report on the status of the regional plan, and descriptions of those sections of the regional plan which have been amended, revised, added or deleted during the year, and a brief report of other major activities. (Added by Stats. 1963, Ch. 1811.)
Section 65067.3.Verify source
§ 65069.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 8. Financial Provisions [65069 - 65069.5] ( Article 8 added by Stats. 1963, Ch. 1811. )Repeal

Certain counties may lend up to $75,000 to the district, and the district must repay the loan from its first tax revenues before any other obligations are paid.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 8. Financial Provisions [65069 - 65069.5] ( Article 8 added by Stats. 1963, Ch. 1811. ) ## 65069. Pursuant to concurrent resolution adopted by the boards of supervisors of the several counties in which the district functions, such counties may lend to the district out of available funds an amount not to exceed seventy-five thousand dollars ($75,000) in order to enable the district to perform its functions and meet its obligations. The loan shall be repaid out of the first tax revenues of the district and shall be repaid out of such revenues prior to the payment of any other obligations of the district. (Repealed and added by Stats. 1963, Ch. 1811.)
Section 65069.Verify source
§ 65069.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 8. Financial Provisions [65069 - 65069.5] ( Article 8 added by Stats. 1963, Ch. 1811. )Repeal

The board must estimate the district’s annual funding needs by June 15, apportion the amount among the counties using property value and population, and cap the district’s annual levy at one-half cent per $100 of assessed valuation.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 8. Financial Provisions [65069 - 65069.5] ( Article 8 added by Stats. 1963, Ch. 1811. ) ## 65069.1. Before the 15th day of June of each year the board shall estimate and determine the amount of money required by the district for purposes of the district during the ensuing fiscal year and shall apportion this amount to the counties included within the district, one-half according to the relative value of all the property in each county within the district as determined by the board and one-half in the proportion that the population of each county bears to the total population of the district. For the purposes of this section the board shall base its determination of the population of the several counties on the latest official census information available to it. The total amount of money required by the district for district purposes during any one fiscal year shall not exceed one-half cent ($0.005) on each one hundred dollars ($100) of the assessed valuation of all the property included in the district. (Added by Stats. 1963, Ch. 1811.)
Section 65069.1.Verify source
§ 65069.2.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 8. Financial Provisions [65069 - 65069.5] ( Article 8 added by Stats. 1963, Ch. 1811. )Repeal

The board must tell each county’s board of supervisors the apportioned amount by June 15 each year, and county supervisors must levy enough ad valorem tax to cover it.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 8. Financial Provisions [65069 - 65069.5] ( Article 8 added by Stats. 1963, Ch. 1811. ) ## 65069.2. On or before the 15th day of June of each year, the board shall inform the boards of supervisors of each county of the amount apportioned to the county. Each board of supervisors shall levy an ad valorem tax on the taxable property within the county included within the district sufficient to secure the amount so apportioned to it and such taxes shall be levied and collected together with, and not separately from, the taxes for county purposes and paid to the treasurer of each of the counties to the credit of the district. The board of supervisors, in lieu of levying a tax to secure the amount so apportioned, and if funds are available in the county general fund, may require such amount to be paid by the county treasurer from the general fund of the county to the district treasury. In lieu of levying a tax and in lieu of using money in the county general fund to secure all or part of the amount so apportioned to the county, the board of supervisors may, with the consent of the board, contribute to the district services of county officers or employees. (Added by Stats. 1963, Ch. 1811.)
Section 65069.2.Verify source
§ 65069.3.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 8. Financial Provisions [65069 - 65069.5] ( Article 8 added by Stats. 1963, Ch. 1811. )Repeal

Taxes levied by the board of supervisors for the district become a lien on property in the county within the district.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 8. Financial Provisions [65069 - 65069.5] ( Article 8 added by Stats. 1963, Ch. 1811. ) ## 65069.3. Taxes levied by the board of supervisors for the benefit of the district shall be a lien upon all property within such county lying within the district and shall have the same force and effect as other liens for taxes. Their collection may be enforced in the same manner as liens for county taxes are enforced. (Added by Stats. 1963, Ch. 1811.)
Section 65069.3.Verify source
§ 65069.4.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 8. Financial Provisions [65069 - 65069.5] ( Article 8 added by Stats. 1963, Ch. 1811. )Repeal

County treasurers within the district must pay district-held funds into the district treasury.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 8. Financial Provisions [65069 - 65069.5] ( Article 8 added by Stats. 1963, Ch. 1811. ) ## 65069.4. The treasurers of the several counties within the district shall pay into the district treasury all funds held by them to the credit of the district. (Added by Stats. 1963, Ch. 1811.)
Section 65069.4.Verify source
§ 65069.5.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 8. Financial Provisions [65069 - 65069.5] ( Article 8 added by Stats. 1963, Ch. 1811. )Repeal

The district board must, as nearly as possible, follow Chapter 1 (starting with Section 29000) of Division 3 of Title 3 when carrying out this article.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2. Regional Planning Districts [65060 - 65069.5] ( Chapter 2 repealed and added by Stats. 1963, Ch. 1811. ) ## ARTICLE 8. Financial Provisions [65069 - 65069.5] ( Article 8 added by Stats. 1963, Ch. 1811. ) ## 65069.5. The district board shall, in carrying out the provisions of this article, comply as nearly as possible with the provisions of Chapter 1 (commencing with Section 29000) of Division 3 of Title 3 of the Government Code. (Added by Stats. 1963, Ch. 1811.)
Section 65069.5.Verify source
§ 6507.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Amendment

For this article, the agency is treated as a public entity separate from the parties to the agreement.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6507. For the purposes of this article, the agency is a public entity separate from the parties to the agreement. (Amended by Stats. 1963, Ch. 990.)
Section 6507.Verify source
§ 65070.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. )Amendment

The Legislature states California should have an integrated state and regional transportation planning process, involving state, regional, transit, congestion management, and goods movement actors, without extra cost.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. ) ## 65070. (a) The Legislature finds and declares, consistent with Section 65088, that it is in the interest of the State of California to have an integrated state and regional transportation planning process. It further finds that federal law mandates the development of a state and regional long-range transportation plan as a prerequisite for receipt of federal transportation funds. It is the intent of the Legislature that the preparation of these plans shall be a cooperative process involving local and regional government, transit operators, congestion management agencies, and the goods movement industry and that the process be a continuation of activities performed by each entity and be performed without any additional cost. (b) The Legislature further finds and declares that the last attempt to prepare a California Transportation Plan occurred between 1973 and 1977 and resulted in the expenditure of over eighty million dollars ($80,000,000) in public funds and did not produce a usable document. As a consequence of that, the Legislature delegated responsibility for long-range transportation planning to the regional planning agencies and adopted a seven-year programming cycle instead of a longer range planning process for the state. (c) The Legislature further finds and declares that the Transportation Blueprint for the Twenty-First Century (Chapters 105 and 106 of the Statutes of 1989) is a long-range state transportation plan that includes a financial plan and a continuing planning process through the preparation of congestion management plans and regional transportation plans, and identifies major interregional road networks and passenger rail corridors for the state. (Added by Stats. 1992, Ch. 1177, Sec. 3. Effective September 30, 1992.)
Section 65070.Verify source
§ 65070.5.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. )Amendment

In this chapter, “department” means the Department of Transportation.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. ) ## 65070.5. For purposes of this chapter, “department” means the Department of Transportation. (Added by Stats. 2019, Ch. 605, Sec. 2. (AB 285) Effective January 1, 2020.)
Section 65070.5.Verify source
§ 65071.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. )Amendment

The department must update the California Transportation Plan every five years, and the second update had to be completed by December 31, 2020.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. ) ## 65071. The department shall update the California Transportation Plan every five years consistent with this chapter. The second update shall be completed by December 31, 2020. (Amended by Stats. 2019, Ch. 605, Sec. 3. (AB 285) Effective January 1, 2020.)
Section 65071.Verify source
§ 65072.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. )Amendment

The California Transportation Plan must include specified policy, strategy, financial, and recommendations elements, and it must not be project-specific.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. ) ## 65072. The California Transportation Plan shall include all of the following: (a) A policy element that describes the state’s transportation policies and system performance objectives. These policies and objectives shall be consistent with legislative intent described in Sections 14000, 14000.5, 14000.6, and 65088. (b) A strategies element that incorporates the broad system concepts and strategies synthesized from the adopted regional transportation plans prepared pursuant to Section 65080. The California Transportation Plan shall not be project specific. (c) A financial element that summarizes the full cost of implementing the California Transportation Plan through the first 10 years of the planning period and includes a summary of available revenues through the planning period and an analysis of what is feasible within the plan if constrained by a realistic projection of available revenues. The financial element shall also evaluate the feasibility of any policy assumptions or scenarios included in the plan. The financial element may include a discussion of tradeoffs within the plan considering financial constraints. (d) A recommendations element that includes economic forecasts and recommendations to the Legislature and the Governor to achieve the plan’s broad system concepts, strategies, and performance objectives. (Amended by Stats. 2024, Ch. 629, Sec. 2. (AB 2086) Effective January 1, 2025.)
Section 65072.Verify source
§ 65072.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. )Amendment

The California Transportation Plan must consider specified subject areas for moving people and freight.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. ) ## 65072.1. The California Transportation Plan shall consider all of the following subject areas for the movement of people and freight: (a) Mobility and accessibility. (b) Integration and connectivity. (c) Efficient system management and operation. (d) Existing system preservation. (e) Safety and security. (f) Economic development, including productivity and efficiency. (g) Environmental protection, air quality, and quality of life. (h) Environmental justice. (Amended by Stats. 2019, Ch. 605, Sec. 4. (AB 285) Effective January 1, 2020.)
Section 65072.1.Verify source
§ 65072.2.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. )Amendment

The department must update the California Transportation Plan to address emissions reductions, air quality standards, and the needed multimodal transportation system, and the Strategic Growth Council must complete and submit a report by January 31, 2022.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. ) ## 65072.2. (a) The department shall address in the California Transportation Plan how the state will achieve maximum feasible emissions reductions in order to attain a statewide reduction of greenhouse gas emissions to 1990 levels by 2020 and 40 percent below 1990 levels by December 31, 2030, as required by the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), and how the plan is consistent with, and supports attaining, all state ambient air quality standards, as set forth in Section 70200 of Title 17 of the California Code of Regulations, and national ambient air quality standards, as established pursuant to Section 7409 of Title 42 of the United States Code, in all areas of the state, as described in California’s state implementation plans required by the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.), taking into consideration the use of alternative fuels, new vehicle technology, tailpipe emissions reductions, ride sharing, vehicle pooling, and expansion of public transit, commuter rail, intercity rail, bicycling, and walking. The plan shall identify the statewide integrated multimodal transportation system needed to achieve these results. (b) Commencing with the third update to the California Transportation Plan, the department shall include the following information in the plan: (1) A forecast of the impacts of advanced and emerging technologies over a 20-year horizon on infrastructure, access, and transportation systems. For purposes of this paragraph, “advanced and emerging technologies” includes, but is not limited to, shared, autonomous, connected, and electric transportation options. (2) A review of the progress made implementing past California Transportation Plans including, but not limited to, a review of actions taken in each region of the state to achieve the goals and policies outlined in the plan. (c) (1) The Strategic Growth Council shall complete a report by January 31, 2022, and shall submit this report to the relevant policy and fiscal committees of the Legislature. The report shall contain all of the following: (A) An overview of the California Transportation Plan and all sustainable communities strategies and alternative planning strategies prepared pursuant to paragraph (2) of subdivision (b) of Section 65080, and an assessment of how implementation of the California Transportation Plan, sustainable communities strategies, and alternative planning strategies will influence the configuration of the statewide integrated multimodal transportation system. (B) A review of the potential impacts and opportunities for coordination of the following funding programs: the Affordable Housing and Sustainable Communities Program, the Transit and Intercity Rail Capital Program, the Low Carbon Transit Operations Program, the Transformative Climate Communities Program, and the Sustainable Transportation Planning Grant Program. The review shall be conducted in consultation with the agencies that administer these programs. The review shall include recommendations for the improvement of these programs or other relevant transportation funding programs to better align the programs to meet long-term common goals, including the goals outlined in the California Transportation Plan. (2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 31, 2026, pursuant to Section 10231.5 of the Government Code. (3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2019, Ch. 605, Sec. 5. (AB 285) Effective January 1, 2020.)
Section 65072.2.Verify source
§ 65072.5.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. )Amendment

The California Transportation Plan must incorporate the Clean Freight Corridor Efficiency Assessment’s findings and recommendations made under Section 14517.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. ) ## 65072.5. Development of the California Transportation Plan shall incorporate the Clean Freight Corridor Efficiency Assessment’s findings and recommendations made pursuant to Section 14517. (Added by Stats. 2021, Ch. 769, Sec. 4. (SB 671) Effective January 1, 2022.)
Section 65072.5.Verify source
§ 65073.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. )Amendment

The department must consult, coordinate, and share draft transportation plans and updates for review and comment, and the Governor must adopt and submit the plan.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. ) ## 65073. The department shall consult with, coordinate its activities with, and make a draft of its proposed plan, and each update, available for review and comment to the California Transportation Commission, the Strategic Growth Council, the State Air Resources Board, the State Energy Resources Conservation and Development Commission, the air quality management districts, public transit operators, and the regional transportation planning agencies. The department shall also provide an opportunity for input by the general public. Prior to adopting the plan or update, the department shall make a final draft available to the Legislature and Governor for review and comment. The commission may present the results of its review and comment to the Legislature and the Governor. The Governor shall adopt the plan and submit the plan to the Legislature and the Secretary of the United States Department of Transportation. (Amended by Stats. 2017, Ch. 561, Sec. 92. (AB 1516) Effective January 1, 2018.)
Section 65073.Verify source
§ 65073.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. )Amendment

The California Transportation Commission must review transportation plan update recommendations, prepare specific transportation improvement recommendations, and submit a report to the Legislature and Governor on the stated schedule.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. ) ## 65073.1. The California Transportation Commission shall review recommendations in the update to the California Transportation Plan prepared by the department in 2015, and every five years thereafter, and prepare specific, action-oriented, and pragmatic recommendations for transportation system improvements. A report containing the specific recommendations shall be submitted to the Legislature and the Governor by December 31, 2016, and every five years thereafter, and in compliance with Section 9795. (Added by Stats. 2015, Ch. 711, Sec. 2. (SB 64) Effective January 1, 2016.)
Section 65073.1.Verify source
§ 65074.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. )Amendment

The department must prepare a Federal Statewide Transportation Improvement Program with metropolitan planning agencies and submit it to the U.S. Secretary of Transportation by December 1 of each even-numbered year, except it does not have to submit one for 2020.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. ) ## 65074. (a) The department shall prepare, in cooperation with the metropolitan planning agencies, a Federal Statewide Transportation Improvement Program in accordance with Section 135(g) of Title 23 of the United States Code. The Federal Statewide Transportation Improvement Program shall be submitted by the department to the United States Secretary of Transportation by not later than December 1 of each even-numbered year. (b) Notwithstanding subdivision (a), the department shall not be required to submit a Federal Statewide Transportation Improvement Program to the United States Secretary of Transportation for 2020. (Amended by Stats. 2020, Ch. 113, Sec. 1. (SB 1291) Effective September 18, 2020.)
Section 65074.Verify source
§ 65075.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. )Amendment

The department must enhance a public dashboard to show how transportation funding investments support the California Transportation Plan, update related metrics, and keep the data searchable and updated.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.3. Long-Range Transportation Planning [65070 - 65075] ( Chapter 2.3 added by Stats. 1992, Ch. 1177, Sec. 3. ) ## 65075. (a) (1) On or before January 1, 2027, the department shall enhance an existing public online dashboard, such as the Rebuilding California internet website, to display how annual project investments from funding programs are advancing the vision and goals of the California Transportation Plan, using readily available, significant performance metrics for each funding program, as determined by the department, in consultation with other stakeholders, including, but not limited to, equity-focused partners. The department shall also report on the dashboard on the status of the implementation of the short-, mid-, and long-term implementation actions included in the implementation element of the California Transportation Plan. (2) At the same time that the California Transportation Plan is required to be updated pursuant to Section 65071, the department shall update the performance metrics displayed on the dashboard pursuant to paragraph (1) to reflect any significant changes to the funding programs consistent with the requirements for determining the performance metrics set forth in paragraph (1). (3) The department shall present the data on the dashboard described in paragraph (1) in a searchable, consistent, transparent, and digestible manner, and shall periodically update the data required by this section on the dashboard. (b) For purposes of this section, “funding programs” means all of the following programs: (1) The Active Transportation Program (Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code). (2) The interregional transportation improvement program. (3) The Local Partnership Program created pursuant to Sections 2032 and 2033 of the Streets and Highways Code. (4) The Solutions for Congested Corridors Program (Chapter 8.5 (commencing with Section 2390) of Division 3 of the Streets and Highways Code). (5) The state highway operation and protection program. (6) The Trade Corridor Enhancement Program established pursuant to Chapter 4.8 (commencing with Section 2192) of Division 3 of the Streets and Highways Code. (7) The Transit and Intercity Rail Capital Program (Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code). (Added by Stats. 2024, Ch. 629, Sec. 3. (AB 2086) Effective January 1, 2025.)
Section 65075.Verify source
§ 6508.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Amendment

A joint powers agency must have the common power stated in its agreement and may use that power as the agreement allows.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6508. The agency shall possess the common power specified in the agreement and may exercise it in the manner or according to the method provided in the agreement. If the agency is not one or more of the parties to the agreement but is a public entity, commission or board constituted pursuant to the agreement and such agency is authorized, in its own name, to do any or all of the following: to make and enter contracts, or to employ agents and employees, or to acquire, construct, manage, maintain or operate any building, works or improvements, or to acquire, hold or dispose of property or to incur debts, liabilities or obligations, said agency shall have the power to sue and be sued in its own name. Any authorization pursuant to the agreement for the acquisition by the agency of property for the purposes of a project for the generation or transmission of electrical energy shall not include the condemnation of property owned or otherwise subject to use or control by any public utility within the state. The governing body of any agency having the power to sue or be sued in its own name, created by an agreement entered into after the amendment to this section at the 1969 Regular Session of the Legislature, between parties composed exclusively of parties which are cities, counties, or public districts of this state, irrespective of whether all such parties fall within the same category, may as provided in such agreement, and in any ratio provided in the agreement, be composed exclusively of officials elected to one or more of the governing bodies of the parties to such agreement. Any existing agreement composed of parties which are cities, counties or public districts which creates a governing board of any agency having the power to sue or be sued may, at the option of the parties to the agreement, be amended to provide that the governing body of the created agency shall be composed exclusively of officials elected to one or more of the governing boards of the parties to such agreement in any ratio agreed to by the parties to the agreement. The governing body so created shall be empowered to delegate its functions to an advisory body or administrative entity for the purposes of program development, policy formulation, or program implementation, provided, however, that any annual budget of the agency to which the delegation is made must be approved by the governing body of the Joint Powers Agency. In the event that such agency enters into further contracts, leases or other transactions with one or more of the parties to such agreement, an official elected to the governing body of such party may also act in the capacity of a member of the governing body of such agency. (Amended by Stats. 1979, Ch. 482.)
Section 6508.Verify source
§ 6508.1.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Amendment

If an agency created under a joint powers agreement is not itself a party to the agreement, the parties are generally responsible for the agency’s debts, liabilities, and obligations unless the agreement says otherwise. But they cannot vary that rule for the agency’s retirement liabilities when the agency contracts with a public retirement system.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6508.1. (a) If the agency is not one or more of the parties to the agreement but is a public entity, commission, or board constituted pursuant to the agreement, the debts, liabilities, and obligations of the agency shall be debts, liabilities, and obligations of the parties to the agreement, unless the agreement specifies otherwise. However, the parties to the agreement may not agree otherwise with respect to the retirement liabilities of the agency if the agency contracts with a public retirement system. (b) For purposes of this section, “public retirement system” means any pension or retirement system of a public employer, including, but not limited to, an independent retirement plan offered by a public employer that the public employer participates in or offers to its employees for the purpose of providing retirement benefits, or a system of benefits for public employees that is governed by Section 401(a) of Title 26 of the United States Code. (Amended by Stats. 2018, Ch. 909, Sec. 2. (AB 1912) Effective January 1, 2019.)
Section 6508.1.Verify source
§ 6508.2.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Commencement

Member agencies must agree on how to split an agency’s retirement obligations before termination, or the board will apportion them.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6508.2. (a) (1) Prior to filing a notice of termination pursuant to Section 20570 or 20571, or a decision by the governing body of an agency that does not contract with the California Public Employees’ Retirement System to dissolve or to cease the operations of the agency, member agencies of an agency established by agreement under this chapter that participates in, or contracts with, a public retirement system, shall mutually agree as to the apportionment of the agency’s retirement obligations among themselves, provided that the agreement equals 100 percent of the retirement liability of the agency. A copy of this mutual agreement, signed by all parties thereto, shall be provided to the board, which shall be reflected in the agreement with the board. If the member agencies are unable to mutually agree, the board shall apportion the retirement liability of the agency to each member agency based on the share of service received from the agency, or population of each member agency, such that the apportionment equals 100 percent of the retirement liability of the agency, which shall be reflected in the agreement with the board. (2) A member agency may challenge the determination by the board to apportion the retirement liability of the agency within 30 calendar days of the determination. However, a member, or a former member, that is not identified by the board pursuant to subdivision (a) shall not be permitted to challenge a determination by the board. (A) A challenge pursuant to this paragraph shall be referred by the member agency or agencies that challenge a determination by the board to an arbitrator who shall, at the arbitrator’s discretion, apportion the liability among the current and former member agencies such that the apportionment equals 100 percent of the retirement liability of the agency. The arbitrator shall make a decision as to the apportionment of liability no later than 60 calendar days following referral of a challenge. (B) The final decision by the arbitrator shall be binding on all current and former member agencies, and all costs of arbitration shall be equally shared among the member agencies that are identified by the arbitrator to share in the apportioned liability. The arbitrator shall submit an official copy of their final decision to the board within seven calendar days of the decision. (b) An agency shall not be permitted to terminate pursuant to Section 20570 or 20571, nor shall a decision by the governing body of an agency that does not contract with the California Public Employees’ Retirement System to dissolve or cease to operate, become effective until a final determination or decision, pursuant to paragraph (1) or paragraph (2) of subdivision (a), is final. (c) Upon notice by the board of a potential termination pursuant to Section 20572, an agency established by agreement under this chapter shall, within 60 calendar days, provide to the board a copy of an agreement, signed by all parties thereto, that sets forth the apportionment of 100 percent of the retirement obligations of the agency. If the agency does not timely provide a copy of the mutual agreement, the board shall in its sole discretion apportion the retirement liability of the agency among the current or former member agencies, such that the apportionment equals 100 percent of the retirement liability of the agency. (1) A member agency may challenge the determination by the board to apportion the retirement liability of the agency within 30 calendar days of the determination. However, a member, or a former member, that is not identified by the board pursuant to subdivision (a) shall not be permitted to challenge a determination by the board. (2) A challenge pursuant to paragraph (1) shall be referred by the member agency or agencies that challenge a determination by the board to an arbitrator who shall, at the arbitrator’s discretion, apportion the liability among the current and former member agencies such that the apportionment equals 100 percent of the retirement liability of the agency. (3) The arbitrator shall make a decision as to the apportionment of liability no later than 60 calendar days following referral of a challenge and shall submit an official copy of their final decision to the board within seven calendar days of the decision. The final decision by the arbitrator shall be binding on all current and former member agencies, and all costs of arbitration shall be equally shared among the member agencies that are identified by the arbitrator to share in the apportioned liability. The board may take action to terminate the agency’s contract no earlier than 30 calendar days following the final decision by the arbitrator. (d) Mutual agreement among the member agencies, or a determination by the board, as to the apportionment of the retirement liability of the agency pursuant to paragraph (1) of subdivision (a), or a decision by the arbitrator pursuant to paragraph (2) of subdivision (a), may include the apportionment of retirement liability to a former member of the agency. (e) This section shall apply retroactively to current and former member agencies of an agency that has an agreement in existence with the board as of January 1, 2019. In addition, this section shall apply to a new agreement between an agency and the board on or after January 1, 2019. However, this section shall not apply to an agency established pursuant to this chapter that has dissolved prior to January 1, 2019. (f) For purposes of this section, “board” means the board of any pension or retirement system of a public employer, including, but not limited to, an independent retirement plan offered by a public employer that the public employer participates in or offers to its employees for the purpose of providing retirement benefits, or a system of benefits for public employees that is governed by Section 401(a) of Title 26 of the United States Code. (g) Notwithstanding any other law, if a judgment is rendered against an agency or a party to the agreement for a breach to its obligations to the public retirement system, the time within which a claim for injury may be presented or an action commenced against any other party that is subject to the liability determined by the judgment begins to run when the judgment is rendered. (Amended by Stats. 2019, Ch. 330, Sec. 1. (SB 782) Effective January 1, 2020.)
Section 6508.2.Verify source
§ 65080.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. )Amendment

Transportation planning agencies must prepare regional transportation plans, and metropolitan planning organizations must prepare sustainable communities strategies.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. ) ## 65080. (a) Each transportation planning agency designated under Section 29532 or 29532.1 shall prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system, including, but not limited to, mass transportation, highway, railroad, maritime, bicycle, pedestrian, goods movement, and aviation facilities and services. The plan shall be action-oriented and pragmatic, considering both the short-term and long-term future, and shall present clear, concise policy guidance to local and state officials. The regional transportation plan shall consider factors specified in Section 134 of Title 23 of the United States Code. Each transportation planning agency shall consider and incorporate, as appropriate, the transportation plans of cities, counties, districts, private organizations, and state and federal agencies. (b) The regional transportation plan shall be an internally consistent document and shall include all of the following: (1) A policy element that describes the transportation issues in the region, identifies and quantifies regional needs, and describes the desired short-range and long-range transportation goals, and pragmatic objective and policy statements. The objective and policy statements shall be consistent with the funding estimates of the financial element. The policy element of transportation planning agencies with populations that exceed 200,000 persons may quantify a set of indicators, including, but not limited to, all of the following: (A) Measures of mobility and traffic congestion, including, but not limited to, daily vehicle hours of delay per capita and vehicle miles traveled per capita. (B) Measures of road and bridge maintenance and rehabilitation needs, including, but not limited to, roadway pavement and bridge conditions. (C) Measures of means of travel, including, but not limited to, percentage share of all trips (work and nonwork) made by all of the following: (i) Single-occupant vehicle. (ii) Multiple occupant vehicle or carpool. (iii) Public transit including commuter rail and intercity rail. (iv) Walking. (v) Bicycling. (D) Measures of safety and security, including, but not limited to, total injuries and fatalities assigned to each of the modes set forth in subparagraph (C). (E) Measures of equity and accessibility, including, but not limited to, percentage of the population served by frequent and reliable public transit, with a breakdown by income bracket, and percentage of all jobs accessible by frequent and reliable public transit service, with a breakdown by income bracket. (F) The requirements of this section may be met using existing sources of information. No additional traffic counts, household surveys, or other sources of data shall be required. (2) A sustainable communities strategy prepared by each metropolitan planning organization as follows: (A) No later than September 30, 2010, the State Air Resources Board shall provide each affected region with greenhouse gas emission reduction targets for the automobile and light truck sector for 2020 and 2035, respectively. (i) No later than January 31, 2009, the State Air Resources Board shall appoint a Regional Targets Advisory Committee to recommend factors to be considered and methodologies to be used for setting greenhouse gas emission reduction targets for the affected regions. The committee shall be composed of representatives of the metropolitan planning organizations, affected air districts, the League of California Cities, the California State Association of Counties, local transportation agencies, and members of the public, including homebuilders, environmental organizations, planning organizations, environmental justice organizations, affordable housing organizations, and others. The advisory committee shall transmit a report with its recommendations to the State Air Resources Board no later than September 30, 2009. In recommending factors to be considered and methodologies to be used, the advisory committee may consider any relevant issues, including, but not limited to, data needs, modeling techniques, growth forecasts, the impacts of regional jobs-housing balance on interregional travel and greenhouse gas emissions, economic and demographic trends, the magnitude of greenhouse gas reduction benefits from a variety of land use and transportation strategies, and appropriate methods to describe regional targets and to monitor performance in attaining those targets. The State Air Resources Board shall consider the report before setting the targets. (ii) Before setting the targets for a region, the State Air Resources Board shall exchange technical information with the metropolitan planning organization and the affected air district. The metropolitan planning organization may recommend a target for the region. The metropolitan planning organization shall hold at least one public workshop within the region after receipt of the report from the advisory committee. The State Air Resources Board shall release draft targets for each region no later than June 30, 2010. (iii) In establishing these targets, the State Air Resources Board shall take into account greenhouse gas emission reductions that will be achieved by improved vehicle emission standards, changes in fuel composition, and other measures it has approved that will reduce the emissions of greenhouse gases in the affected regions, and prospective measures the State Air Resources Board plans to adopt to reduce the emissions of greenhouse gases from other greenhouse gas emission sources as defined in subdivision (i) of Section 38505 of the Health and Safety Code and consistent with the regulations adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), including Section 38566 of the Health and Safety Code. (iv) The State Air Resources Board shall update the regional greenhouse gas emission reduction targets every eight years consistent with each metropolitan planning organization’s timeframe for updating its regional transportation plan under federal law until 2050. The State Air Resources Board may revise the targets every four years based on changes in the factors considered under clause (iii). The State Air Resources Board shall exchange technical information with the Department of Transportation, metropolitan planning organizations, local governments, and affected air districts and engage in a consultative process with public and private stakeholders, before updating these targets. (v) The greenhouse gas emission reduction targets may be expressed in gross tons, tons per capita, tons per household, or in any other metric deemed appropriate by the State Air Resources Board. (B) Each metropolitan planning organization shall prepare a sustainable communities strategy, subject to the requirements of Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal Regulations, including the requirement to use the most recent planning assumptions considering local general plans and other factors. The sustainable communities strategy shall do all of the following: (i) Identify the general location of uses, residential densities, and building intensities within the region. (ii) Identify areas within the region sufficient to house all the population of the region, including all economic segments of the population, over the course of the planning period of the regional transportation plan taking into account net migration into the region, population growth, changes in enrollment levels at institutions of public higher education, as described in subdivision (a) of Section 66010 of the Education Code, household formation, and employment growth. (iii) Identify areas within the region sufficient to house an eight-year projection of the regional housing need for the region pursuant to Section 65584. (iv) Identify a transportation network to service the transportation needs of the region. (v) Gather and consider the best practically available scientific information regarding resource areas and farmland in the region as defined in subdivisions (a) and (b) of Section 65080.01. (vi) Consider the state housing goals specified in Sections 65580 and 65581. (vii) Set forth a forecasted development pattern for the region, which, when integrated with the transportation network, and other transportation measures and policies, will reduce the emissions of greenhouse gases from automobiles and light trucks to achieve, if there is a feasible way to do so, the greenhouse gas emission reduction targets approved by the State Air Resources Board. (viii) Allow the regional transportation plan to comply with Section 176 of the federal Clean Air Act (42 U.S.C. Sec. 7506). (C) (i) Within the jurisdiction of the Metropolitan Transportation Commission, as defined by Section 66502, the Association of Bay Area Governments shall be responsible for clauses (i), (ii), (iii), (v), and (vi) of subparagraph (B); the Metropolitan Transportation Commission shall be responsible for clauses (iv) and (viii) of subparagraph (B); and the Association of Bay Area Governments and the Metropolitan Transportation Commission shall jointly be responsible for clause (vii) of subparagraph (B). (ii) Within the jurisdiction of the Tahoe Regional Planning Agency, as defined in Sections 66800 and 66801, the Tahoe Metropolitan Planning Organization shall use the Regional Plan for the Lake Tahoe Region as the sustainable communities strategy, provided that it complies with clauses (vii) and (viii) of subparagraph (B). (D) In the region served by the Southern California Association of Governments, a subregional council of governments and the county transportation commission may work together to propose the sustainable communities strategy and an alternative planning strategy, if one is prepared pursuant to subparagraph (I), for that subregional area. The metropolitan planning organization may adopt a framework for a subregional sustainable communities strategy or a subregional alternative planning strategy to address the intraregional land use, transportation, economic, air quality, and climate policy relationships. The metropolitan planning organization shall include the subregional sustainable communities strategy for that subregion in the regional sustainable communities strategy to the extent consistent with this section and federal law and approve the subregional alternative planning strategy, if one is prepared pursuant to subparagraph (I), for that subregional area to the extent consistent with this section. The metropolitan planning organization shall develop overall guidelines, create a public participation plan pursuant to subparagraph (F), ensure coordination, resolve conflicts, make sure that the overall plan complies with applicable legal requirements, and adopt the plan for the region. (E) The metropolitan planning organization shall conduct at least two informational meetings in each county within the region for members of the board of supervisors and city councils on the sustainable communities strategy and alternative planning strategy, if any. The metropolitan planning organization may conduct only one informational meeting if it is attended by representatives of the county board of supervisors and city council members representing a majority of the cities representing a majority of the population in the incorporated areas of that county. Notice of the meeting or meetings shall be sent to the clerk of the board of supervisors and to each city clerk. The purpose of the meeting or meetings shall be to discuss the sustainable communities strategy and the alternative planning strategy, if any, including the key land use and planning assumptions with the members of the board of supervisors and the city council members in that county and to solicit and consider their input and recommendations. (F) Each metropolitan planning organization shall adopt a public participation plan, for development of the sustainable communities strategy and an alternative planning strategy, if any, that includes all of the following: (i) Outreach efforts to encourage the active participation of a broad range of stakeholder groups in the planning process, consistent with the agency’s adopted Federal Public Participation Plan, including, but not limited to, affordable housing advocates, transportation advocates, neighborhood and community groups, environmental advocates, homebuilder representatives, broad-based business organizations, landowners, commercial property interests, and homeowner associations. (ii) Consultation with congestion management agencies, transportation agencies, and transportation commissions. (iii) Workshops throughout the region to provide the public with the information and tools necessary to provide a clear understanding of the issues and policy choices. At least one workshop shall be held in each county in the region. For counties with a population greater than 500,000, at least three workshops shall be held. Each workshop, to the extent practicable, shall include urban simulation computer modeling to create visual representations of the sustainable communities strategy and the alternative planning strategy. (iv) Preparation and circulation of a draft sustainable communities strategy and an alternative planning strategy, if one is prepared, not less than 55 days before adoption of a final regional transportation plan. (v) At least three public hearings on the draft sustainable communities strategy in the regional transportation plan and alternative planning strategy, if one is prepared. If the metropolitan transportation organization consists of a single county, at least two public hearings shall be held. To the maximum extent feasible, the hearings shall be in different parts of the region to maximize the opportunity for participation by members of the public throughout the region. (vi) A process for enabling members of the public to provide a single request to receive notices, information, and updates. (G) In preparing a sustainable communities strategy, the metropolitan planning organization shall consider spheres of influence that have been adopted by the local agency formation commissions within its region. (H) Before adopting a sustainable communities strategy, the metropolitan planning organization shall quantify the reduction in the emissions of greenhouse gases projected to be achieved by the sustainable communities strategy and set forth the difference, if any, between the amount of that reduction and the target for the region established by the State Air Resources Board. (I) If the sustainable communities strategy, prepared in compliance with subparagraph (B) or (D), is unable to reduce the emissions of greenhouse gases to achieve the greenhouse gas emission reduction targets established by the State Air Resources Board, the metropolitan planning organization shall prepare an alternative planning strategy to the sustainable communities strategy showing how those greenhouse gas emission reduction targets would be achieved through alternative development patterns, infrastructure, or additional transportation measures or policies. The alternative planning strategy shall be a separate document from the regional transportation plan, but it may be adopted concurrently with the regional transportation plan. In preparing the alternative planning strategy, the metropolitan planning organization: (i) Shall identify the principal impediments to achieving the targets within the sustainable communities strategy. (ii) May include an alternative development pattern for the region pursuant to subparagraphs (B) to (G), inclusive. (iii) Shall describe how the greenhouse gas emission reduction targets would be achieved by the alternative planning strategy, and why the development pattern, measures, and policies in the alternative planning strategy are the most practicable choices for achievement of the greenhouse gas emission reduction targets. (iv) An alternative development pattern set forth in the alternative planning strategy shall comply with Part 450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal Regulations, except to the extent that compliance will prevent achievement of the greenhouse gas emission reduction targets approved by the State Air Resources Board. (v) For purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), an alternative planning strategy shall not constitute a land use plan, policy, or regulation, and the inconsistency of a project with an alternative planning strategy shall not be a consideration in determining whether a project may have an environmental effect. (J) (i) Before starting the public participation process adopted pursuant to subparagraph (F), the metropolitan planning organization shall submit a description to the State Air Resources Board of the technical methodology it intends to use to estimate the emissions of greenhouse gases from its sustainable communities strategy and, if appropriate, its alternative planning strategy. The State Air Resources Board shall respond to the metropolitan planning organization in a timely manner with written comments about the technical methodology, including specifically describing any aspects of that methodology it concludes will not yield accurate estimates of the emissions of greenhouse gases and suggesting remedies. The metropolitan planning organization is encouraged to work with the State Air Resources Board until the State Air Resources Board concludes that the technical methodology operates accurately. (ii) After adoption, a metropolitan planning organization shall submit a sustainable communities strategy or an alternative planning strategy, if one has been adopted, to the State Air Resources Board for review, including the quantification of the reductions of emissions of greenhouse gases the strategy would achieve and a description of the technical methodology used to obtain that result. Review by the State Air Resources Board shall be limited to acceptance or rejection of the metropolitan planning organization’s determination that the strategy submitted would, if implemented, achieve the greenhouse gas emission reduction targets established by the State Air Resources Board. The State Air Resources Board shall complete its review within 60 days. (iii) If the State Air Resources Board determines that the strategy submitted would not, if implemented, achieve the greenhouse gas emission reduction targets, the metropolitan planning organization shall revise its strategy or adopt an alternative planning strategy, if not previously adopted, and submit the strategy for review pursuant to clause (ii). At a minimum, the metropolitan planning organization shall obtain State Air Resources Board acceptance that an alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets established for that region by the State Air Resources Board. (iv) On or before September 1, 2018, and every four years thereafter to align with target setting, notwithstanding Section 10231.5, the State Air Resources Board shall prepare a report that assesses progress made by each metropolitan planning organization in meeting the regional greenhouse gas emission reduction targets set by the State Air Resources Board. The report shall include changes to the emissions of greenhouse gases in each region and data-supported metrics for the strategies used to meet the targets. The report shall also include a discussion of best practices and the challenges faced by the metropolitan planning organizations in meeting the targets, including the effect of state policies and funding. The report shall be developed in consultation with the metropolitan planning organizations and affected stakeholders. The report shall be submitted to the Assembly Committee on Transportation and the Assembly Committee on Natural Resources, and to the Senate Committee on Transportation, the Senate Committee on Housing, and the Senate Committee on Environmental Quality. (K) Neither a sustainable communities strategy nor an alternative planning strategy regulates the use of land, nor, except as provided by subparagraph (J), shall either one be subject to any state approval. A sustainable communities strategy does not supersede the exercise of the land use authority of cities and counties within the region. This section does not limit the State Air Resources Board’s authority under any other law. This section does not authorize the abrogation of any vested right whether created by statute or by common law. This section does not require a city’s or county’s land use policies and regulations, including its general plan, to be consistent with the regional transportation plan or an alternative planning strategy. This section does not require a metropolitan planning organization to approve a sustainable communities strategy that would be inconsistent with Part 450 of Title 23 of, or Part 93 of Title 40 of, the Code of Federal Regulations and any administrative guidance under those regulations. This section does not relieve a public or private entity or any person from compliance with any other local, state, or federal law. (L) This section does not require projects programmed for funding on or before December 31, 2011, to be subject to this paragraph if they (i) are contained in the 2007 or 2009 Federal Statewide Transportation Improvement Program, (ii) are funded pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2), or (iii) were specifically listed in a ballot measure before December 31, 2008, approving a sales tax increase for transportation projects. This section does not require a transportation sales tax authority to change the funding allocations approved by the voters for categories of transportation projects in a sales tax measure adopted before December 31, 2010. For purposes of this subparagraph, a transportation sales tax authority is a district, as defined in Section 7252 of the Revenue and Taxation Code, that is authorized to impose a sales tax for transportation purposes. (M) A metropolitan planning organization, or a regional transportation planning agency not within a metropolitan planning organization, that is required to adopt a regional transportation plan not less than every five years may elect to adopt the plan not less than every four years. This election shall be made by the board of directors of the metropolitan planning organization or regional transportation planning agency no later than June 1, 2009, or thereafter 54 months before the statutory deadline for the adoption of housing elements for the local jurisdictions within the region, after a public hearing at which comments are accepted from members of the public and representatives of cities and counties within the region covered by the metropolitan planning organization or regional transportation planning agency. Notice of the public hearing shall be given to the general public and by mail to cities and counties within the region no later than 30 days before the date of the public hearing. Notice of election shall be promptly given to the Department of Housing and Community Development. The metropolitan planning organization or the regional transportation planning agency shall complete its next regional transportation plan within three years of the notice of election. (N) Two or more of the metropolitan planning organizations for Fresno County, Kern County, Kings County, Madera County, Merced County, San Joaquin County, Stanislaus County, and Tulare County may work together to develop and adopt multiregional goals and policies that may address interregional land use, transportation, economic, air quality, and climate relationships. The participating metropolitan planning organizations may also develop a multiregional sustainable communities strategy, to the extent consistent with federal law, or an alternative planning strategy for adoption by the metropolitan planning organizations. Each participating metropolitan planning organization shall consider any adopted multiregional goals and policies in the development of a sustainable communities strategy and, if applicable, an alternative planning strategy for its region. (3) An action element that describes the programs and actions necessary to implement the plan and assigns implementation responsibilities. The action element may describe all transportation projects proposed for development during the 20-year or greater life of the plan. The action element shall consider congestion management programming activities carried out within the region. (4) (A) A financial element that summarizes the cost of plan implementation constrained by a realistic projection of available revenues. The financial element shall also contain recommendations for allocation of funds. A county transportation commission created pursuant to the County Transportation Commissions Act (Division 12 (commencing with Section 130000) of the Public Utilities Code) shall be responsible for recommending projects to be funded with regional improvement funds, if the project is consistent with the regional transportation plan. The first five years of the financial element shall be based on the five-year estimate of funds developed pursuant to Section 14524. The financial element may recommend the development of specified new sources of revenue, consistent with the policy element and action element. (B) The financial element of transportation planning agencies with populations that exceed 200,000 persons may include a project cost breakdown for all projects proposed for development during the 20-year life of the plan that includes total expenditures and related percentages of total expenditures for all of the following: (i) State highway expansion. (ii) State highway rehabilitation, maintenance, and operations. (iii) Local road and street expansion. (iv) Local road and street rehabilitation, maintenance, and operation. (v) Mass transit, commuter rail, and intercity rail expansion. (vi) Mass transit, commuter rail, and intercity rail rehabilitation, maintenance, and operations. (vii) Pedestrian and bicycle facilities. (viii) Environmental enhancements and mitigation. (ix) Research and planning. (x) Other categories. (C) The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall consider financial incentives for cities and counties that have resource areas or farmland, as defined in Section 65080.01, for the purposes of, for example, transportation investments for the preservation and safety of the city street or county road system and farm-to-market and interconnectivity transportation needs. The metropolitan planning organization or county transportation agency, whichever entity is appropriate, shall also consider financial assistance for counties to address countywide service responsibilities in counties that contribute toward the greenhouse gas emission reduction targets by implementing policies for growth to occur within their cities. (c) Each transportation planning agency may also include other factors of local significance as an element of the regional transportation plan, including, but not limited to, issues of mobility for specific sectors of the community, including, but not limited to, senior citizens. (d) (1) Except as otherwise provided in this subdivision, each transportation planning agency shall adopt and submit, every four years, an updated regional transportation plan to the California Transportation Commission and the Department of Transportation. A transportation planning agency located in a federally designated air quality attainment area or that does not contain an urbanized area may at its option adopt and submit a regional transportation plan every five years. When applicable, the plan shall be consistent with federal planning and programming requirements and shall conform to the regional transportation plan guidelines adopted by the California Transportation Commission. Before adoption of the regional transportation plan, a public hearing shall be held after the giving of notice of the hearing by publication in the affected county or counties pursuant to Section 6061. (2) (A) Notwithstanding subdivisions (b) and (c), and paragraph (1), the regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the San Diego Association of Governments on October 9, 2015, shall remain in effect for all purposes, including for purposes of consistency determinations and funding eligibility for the San Diego Association of Governments and all other agencies relying on those documents, until the San Diego Association of Governments adopts its next update to its regional transportation plan. (B) The San Diego Association of Governments shall adopt and submit its update to the 2015 regional transportation plan on or before December 31, 2021. (C) After the update described in subparagraph (B), the time period for San Diego Association of Governments’ updates to its regional transportation plan shall be reset and shall be adopted and submitted every four years. (D) Notwithstanding clause (iv) of subparagraph (A) of paragraph (2) of subdivision (b), the State Air Resources Board shall not update the greenhouse gas emission reduction targets for the region within the jurisdiction of the San Diego Association of Governments before the adoption of the update to the regional transportation plan pursuant to subparagraph (B). (E) The update to the regional transportation plan adopted by the San Diego Association of Governments on October 9, 2015, which will be prepared and submitted to federal agencies for purposes of compliance with federal laws applicable to regional transportation plans and air quality conformity and which is due in October 2019, shall not be considered a regional transportation plan pursuant to this section and shall not constitute a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (F) In addition to meeting the other requirements to nominate a project for funding through the Solutions for Congested Corridors Program (Chapter 8.5 (commencing with Section 2390) of Division 3 of the Streets and Highways Code), the San Diego Association of Governments, until December 31, 2021, shall only nominate projects for funding through the Solutions for Congested Corridors Program that are consistent with the eligibility requirements for projects under any of the following programs: (i) The Transit and Intercity Rail Capital Program (Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code). (ii) The Low Carbon Transit Operations Program (Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code). (iii) The Active Transportation Program (Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code). (G) Commencing January 1, 2020, and every two years thereafter, the San Diego Association of Governments shall begin developing an implementation report that tracks the implementation of its most recently adopted sustainable communities strategy. The report shall discuss the status of the implementation of the strategy at the regional and local levels, and any successes and barriers that have occurred since the last report. The San Diego Association of Governments shall submit the implementation report to the State Air Resources Board by including it in its sustainable communities strategy implementation review pursuant to clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b). (3) (A) Notwithstanding subdivisions (b) and (c), and paragraph (1), the regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the Sacramento Area Council of Governments on November 18, 2019, shall remain in effect for all purposes, including for purposes of consistency determinations and funding eligibility for the Sacramento Area Council of Governments and all other agencies relying on those documents, until the Sacramento Area Council of Governments adopts its next update to its regional transportation plan. (B) The Sacramento Area Council of Governments shall adopt and submit its update to the 2020 regional transportation plan adopted on November 18, 2019, to the California Transportation Commission and the Department of Transportation on or before December 31, 2025. After adoption, the Sacramento Area Council of Governments shall submit the sustainable communities strategy to the State Air Resources Board in accordance with clause (ii) of subparagraph (J) of paragraph (2) of subdivision (b). (C) The update described in subparagraph (B) shall include all of the following: (i) Development and pilot implementation of an equity-centered, community cocreated infrastructure project development and funding prioritization process in disadvantaged communities, as identified through the Sacramento Area Council of Governments’ implementation of a grant awarded through the federal Rebuilding American Infrastructure with Sustainability and Equity Discretionary Grant program. (ii) A description of how the update furthers equity and inclusion through engagement efforts. (iii) Data and analysis of the update’s performance outcomes in disadvantaged communities. (D) (i) Until December 31, 2025, in addition to the other requirements to nominate a project for funding through the Solutions for Congested Corridors Program established in Chapter 8.5 (commencing with Section 2390) of Division 3 of the Streets and Highways Code, a project located in the region within the jurisdiction of the Sacramento Area Council of Governments may be nominated for funding through the Solutions for Congested Corridors Program only if the project would also satisfy the eligibility requirements of one or more of the following programs: (I) The Transit and Intercity Rail Capital Program established in Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code. (II) The Low Carbon Transit Operations Program established in Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code. (III) The Active Transportation Program established in Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code. (ii) This subparagraph does not apply to a project for which federal discretionary funding has been committed. (E) After the update described in subparagraph (B), the Sacramento Area Council of Governments shall adopt and submit its next update to its regional transportation plan within two years, on or before November 15, 2027, and adopt and submit subsequent updates to its regional transportation plan every four years. (F) Notwithstanding clause (iv) of subparagraph (A) of paragraph (2) of subdivision (b), the State Air Resources Board shall not apply any update to the greenhouse gas emission reduction targets for the region within the jurisdiction of the Sacramento Area Council of Governments before the adoption of the update to the regional transportation plan pursuant to subparagraph (B). (G) The update to the Sacramento Area Council of Governments’ regional transportation plan that will be prepared and submitted to federal agencies for purposes of compliance with federal laws applicable to regional transportation plans and air quality conformity and that is due in November 2023 shall not be considered a regional transportation plan pursuant to this section. (H) (i) On or before July 1, 2026, and biennially thereafter, the Sacramento Area Council of Governments shall report, in a publicly available format on its internet website, on the regional implementation of its most recently adopted sustainable communities strategy using indicators developed and vetted with stakeholders. (ii) The information reported on its internet website pursuant to clause (i) shall include all of the following: (I) A comparison between the land use and housing development assumptions included in the most recently adopted sustainable communities strategy and housing production activity in the region as measured by the issuance of building permits by local agencies. (II) A discussion of the comparison’s results, including identification of the principal factors that determine the extent to which the land use and housing development assumptions included in the most recently adopted sustainable communities strategy have or have not been realized and whether those assumptions reflect the requirement to use the most recent planning assumptions considering local general plans and other factors, as described in subparagraph (B) of paragraph (2) of subdivision (b), including by integrating feedback from housing developers, local governments, and other stakeholders. (III) The status of approvals for, funding for, construction of, and projected dates of operation for transportation projects in the region in comparison to the investments and timing included in the most recently adopted sustainable communities strategy. (iii) This subparagraph is not intended, and shall not be construed, to affect the land use authority of local governments, as described in subparagraph (K) of paragraph (2) of subdivision (b). This subparagraph does not modify the authority of the metropolitan planning organization with respect to the adoption of a sustainable communities strategy pursuant to subparagraph (B) of paragraph (2) of subdivision (b) or implementation of the regional housing needs allocation in local housing elements. (Amended by Stats. 2025, Ch. 517, Sec. 2. (SB 486) Effective January 1, 2026.)
Section 65080.Verify source
§ 65080.01.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. )Amendment

This section defines terms used in Section 65080, including “resource areas,” “farmland,” “feasible,” “consistent,” and “internally consistent.”

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. ) ## 65080.01. The following definitions apply to terms used in Section 65080: (a) “Resource areas” include (1) all publicly owned parks and open space; (2) open space or habitat areas protected by natural community conservation plans, habitat conservation plans, and other adopted natural resource protection plans; (3) habitat for species identified as candidate, fully protected, sensitive, or species of special status by local, state, or federal agencies or protected by the federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plan Protection Act; (4) lands subject to conservation or agricultural easements for conservation or agricultural purposes by local governments, special districts, or nonprofit 501(c)(3) organizations, areas of the state designated by the State Mining and Geology Board as areas of statewide or regional significance pursuant to Section 2790 of the Public Resources Code, and lands under Williamson Act contracts; (5) areas designated for open-space or agricultural uses in adopted open-space elements or agricultural elements of the local general plan or by local ordinance; (6) areas containing biological resources as described in Appendix G of the CEQA Guidelines that may be significantly affected by the sustainable communities strategy or the alternative planning strategy; and (7) an area subject to flooding where a development project would not, at the time of development in the judgment of the agency, meet the requirements of the National Flood Insurance Program or where the area is subject to more protective provisions of state law or local ordinance. (b) “Farmland” means farmland that is outside all existing city spheres of influence or city limits as of January 1, 2008, and is one of the following: (1) Classified as prime or unique farmland or farmland of statewide importance. (2) Farmland classified by a local agency in its general plan that meets or exceeds the standards for prime or unique farmland or farmland of statewide importance. (c) “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors. (d) “Consistent” shall have the same meaning as that term is used in Section 134 of Title 23 of the United States Code. (e) “Internally consistent” means that the contents of the elements of the regional transportation plan must be consistent with each other. (Added by Stats. 2008, Ch. 728, Sec. 5. Effective January 1, 2009.)
Section 65080.01.Verify source
§ 65080.02.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. )Amendment

A qualifying city may develop and implement a traffic signal optimization plan. If it does, the Department of Transportation and the city must coordinate on any adjustments to traffic signals owned or operated by the department.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. ) ## 65080.02. (a) A city located within the jurisdiction of the Metropolitan Transportation Commission may develop and implement a traffic signal optimization plan intended to reduce travel times, the number of stops, and fuel use. (b) The Department of Transportation and a city that develops a traffic signal optimization plan pursuant to subdivision (a) shall coordinate on any adjustments to traffic signals owned or operated by the department. (Added by Stats. 2019, Ch. 633, Sec. 1. (AB 1633) Effective January 1, 2020.)
Section 65080.02.Verify source
§ 65080.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. )Commencement

The Secretary of Transportation may not designate a new transportation planning agency for the area unless redesignation is first determined not to cause California to lose substantial federal funds.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. ) ## 65080.1. Once preparation of a regional transportation plan has been commenced by or on behalf of a designated transportation planning agency, the Secretary of Transportation shall not designate a new transportation planning agency pursuant to Section 29532 for all or any part of the geographic area served by the originally designated agency unless he or she first determines that redesignation will not result in the loss to California of any substantial amounts of federal funds. (Amended (as amended by Stats. 1982, Ch. 681, Sec. 20) by Stats. 2013, Ch. 352, Sec. 310. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
Section 65080.1.Verify source
§ 65080.2.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. )Amendment

A transportation planning agency with a transit development board in its area must include certain transit board program elements in its regional transportation improvement program.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. ) ## 65080.2. A transportation planning agency which has within its area of jurisdiction a transit development board established pursuant to Division 11 (commencing with Section 120000) of the Public Utilities Code shall include, in the regional transportation improvement program prepared pursuant to Section 65080, those elements of the transportation improvement program prepared by the transit development board pursuant to Section 120353 of the Public Utilities Code relating to funds made available to the transit development board for transportation purposes. (Added by renumbering Section 65080.1 by Stats. 1978, Ch. 669.)
Section 65080.2.Verify source
§ 65080.3.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. )Amendment

Some transportation planning agencies may prepare an alternative planning scenario, but it must meet listed planning, collaboration, reporting, distribution, and non-adoption rules.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. ) ## 65080.3. (a) Each transportation planning agency with a population that exceeds 200,000 persons may prepare at least one “alternative planning scenario” for presentation to local officials, agency board members, and the public during the development of the triennial regional transportation plan and the hearing required under subdivision (c) of Section 65080. (b) The alternative planning scenario shall accommodate the same amount of population growth as projected in the plan but shall be based on an alternative that attempts to reduce the growth in traffic congestion, make more efficient use of existing transportation infrastructure, and reduce the need for costly future public infrastructure. (c) The alternative planning scenario shall be developed in collaboration with a broad range of public and private stakeholders, including local elected officials, city and county employees, relevant interest groups, and the general public. In developing the scenario, the agency shall consider all of the following: (1) Increasing housing and commercial development around transit facilities and in close proximity to jobs and commercial activity centers. (2) Encouraging public transit usage, ridesharing, walking, bicycling, and transportation demand management practices. (3) Promoting a more efficient mix of current and future job sites, commercial activity centers, and housing opportunities. (4) Promoting use of urban vacant land and “brownfield” redevelopment. (5) An economic incentive program that may include measures such as transit vouchers and variable pricing for transportation. (d) The planning scenario shall be included in a report evaluating all of the following: (1) The amounts and locations of traffic congestion. (2) Vehicle miles traveled and the resulting reduction in vehicle emissions. (3) Estimated percentage share of trips made by each means of travel specified in subparagraph (C) of paragraph (1) of subdivision (b) of Section 65080. (4) The costs of transportation improvements required to accommodate the population growth in accordance with the alternative scenario. (5) The economic, social, environmental, regulatory, and institutional barriers to the scenario being achieved. (e) If the adopted regional transportation plan already achieves one or more of the objectives set forth in subdivision (c), those objectives need not be discussed or evaluated in the alternative planning scenario. (f) The alternative planning scenario and accompanying report shall not be adopted as part of the regional transportation plan, but it shall be distributed to cities and counties within the region and to other interested parties, and may be a basis for revisions to the transportation projects that will be included in the regional transportation plan. (g) Nothing in this section grants transportation planning agencies any direct or indirect authority over local land use decisions. (h) This section does not apply to a transportation plan adopted on or before September 1, 2001, proposed by a transportation planning agency with a population of less than 1,000,000 persons. (Added by Stats. 2000, Ch. 832, Sec. 3. Effective January 1, 2001.)
Section 65080.3.Verify source
§ 65080.5.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. )Amendment

The Department of Transportation must prepare regional transportation plans for certain areas, and transportation planning agencies must submit, consider, or prepare related plans and updates under specified conditions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. ) ## 65080.5. (a) For each area for which a transportation planning agency is designated under subdivision (c) of Section 29532, or adopts a resolution pursuant to subdivision (c) of Section 65080, the Department of Transportation, in cooperation with the transportation planning agency, and subject to subdivision (e), shall prepare the regional transportation plan, and the updating thereto, for that area and submit it to the governing body or designated policy committee of the transportation planning agency for adoption. Prior to adoption, a public hearing shall be held, after the giving of notice of the hearing by publication in the affected county or counties pursuant to Section 6061. Prior to the adoption of the regional transportation improvement program by the transportation planning agency if it prepared the program, the transportation planning agency shall consider the relationship between the program and the adopted plan. The adopted plan and program, and the updating thereto, shall be submitted to the California Transportation Commission and the department pursuant to subdivision (b) of Section 65080. (b) In the case of a transportation planning agency designated under subdivision (c) of Section 29532, the transportation planning agency may prepare the regional transportation plan for the area under its jurisdiction pursuant to this chapter, if the transportation planning agency, prior to July 1, 1978, adopts by resolution a declaration of intention to do so. (c) In those areas that have a county transportation commission created pursuant to Section 130050 of the Public Utilities Code, the multicounty designated transportation planning agency, as defined in Section 130004 of that code, shall prepare the regional transportation plan and the regional transportation improvement program in consultation with the county transportation commissions. (d) Any transportation planning agency which did not elect to prepare the initial regional transportation plan for the area under its jurisdiction, may prepare the updated plan if it adopts a resolution of intention to do so at least one year prior to the date when the updated plan is to be submitted to the California Transportation Commission. (e) If the department prepares or updates a regional transportation improvement program or regional transportation plan, or both, pursuant to this section, the state-local share of funding the preparation or updating of the plan and program shall be calculated on the same basis as though the preparation or updating were to be performed by the transportation planning agency and funded under Sections 99311, 99313, and 99314 of the Public Utilities Code. (Amended by Stats. 1982, Ch. 681, Sec. 21.)
Section 65080.5.Verify source
§ 65080.6.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. )Amendment

Certain transportation planning agencies must coordinate on California Coastal Trail development and include Coastal Trail provisions in their regional plan.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. ) ## 65080.6. Each transportation planning agency designated under Section 29532 or 29532.1 whose jurisdiction includes a portion of the California Coastal Trail, or property designated for the trail, that is located within the coastal zone, as defined in Section 30103 of the Public Resources Code, shall coordinate with the State Coastal Conservancy, the California Coastal Commission, and the Department of Transportation regarding development of the California Coastal Trail, and each transportation planning agency shall include provisions for the California Coastal Trail in its regional plan, under Section 65080. (Added by renumbering Section 65080.1 (as added by Stats. 2007, Ch. 375, Sec. 3) by Stats. 2015, Ch. 303, Sec. 230. (AB 731) Effective January 1, 2016.)
Section 65080.6.Verify source
§ 65080.9.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. )Amendment

The authority may adopt a commute benefit ordinance for covered employers in its area, requiring a pretax commuting benefit unless an approved alternative is used.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. ) ## 65080.9. (a) It is the intent of the Legislature to encourage metropolitan planning organizations and county transportation commissions to work with local employers to adopt policies that encourage commuting by means other than driving alone. To encourage this, the Legislature hereby establishes a program in that regard in the County of Los Angeles. (b) Notwithstanding Section 40717.9 of the Health and Safety Code, the Los Angeles County Metropolitan Transportation Authority may adopt, and revise as necessary, a commute benefit ordinance that requires covered employers operating within the authority’s area to offer all covered employees a pretax option program, consistent with Section 132(f) of the Internal Revenue Code, allowing covered employees to elect to exclude from taxable wages employee commuting costs incurred for transit passes or vanpool charges, up to the maximum amount allowed by federal tax law. (c) Nothing in this section shall prevent a covered employer from offering a more generous commuter benefit program that is otherwise consistent with the requirements of the applicable commute benefit ordinance. Nothing in this section shall require employees to change their behavior. (d) An employer offering, or proposing to offer, an alternative commuter benefit program on the employer’s own initiative, or an employer otherwise required to offer an alternative commuter benefit program as a condition of a lease, original building permit, or other similar requirement, if the alternative is not consistent with the program described in subdivision (b), may seek approval of the alternative from the authority. The authority may approve an alternative if it determines that the alternative provides at least the same benefit in terms of reducing single-occupant vehicle trips as the program described in subdivision (b). An employer that offers an approved alternative to covered employees in a manner otherwise consistent with this section is not required to offer the program described in subdivision (b). (e) The commute benefit ordinance shall provide covered employers with at least six months to comply after the ordinance is adopted. (f) An employer that participates in, or is represented by, a transportation management association, or a transportation management organization, that provides the employer’s covered employees with the program described in subdivision (b) or an alternative commuter benefit program approved pursuant to subdivision (d), shall be deemed in compliance with the commute benefit ordinance and the transportation management association, or transportation management organization, may act on behalf of those employers in that regard. The authority shall communicate directly with the transportation management association or transportation management organization, rather than the participating employers, to determine compliance with the ordinance. (g) A commute benefit ordinance adopted pursuant to this section shall specify all of the following: (1) How the authority will inform covered employers about the ordinance. (2) How compliance with the ordinance will be demonstrated. (3) The procedures for proposing, and the criteria that will be used to evaluate, an alternative commuter benefit program pursuant to subdivision (d). (4) Any consequences for noncompliance. (h) Nothing in this section shall limit or restrict the statutory or regulatory authority of the authority. (i) The authority shall not use federal planning funds in the implementation of the commute benefit ordinance. (j) Nothing in this section shall authorize the authority to adopt a commute benefit ordinance that would affect an employer covered by a South Coast Air Quality Management District rule or regulation intended to reduce on-road mobile source emissions generated from employee commuting or to provide options for attaining equivalent emissions reductions. (k) If the authority adopts a commute benefit ordinance pursuant to this section, the authority, before January 1, 2022, shall submit a report to the transportation policy committees of each house of the Legislature and the Senate Committee on Environmental Quality that includes, but is not limited to, all of the following elements: (1) A description of the program, including how the authority informed covered employers and employees of the ordinance, and of any compliance issues. (2) The number of employers complying with the ordinance that did not previously offer a commute benefit consistent with those required by the ordinance. (3) The number of employees who stopped driving alone to work to instead take transit or a vanpool because of the commute benefit ordinance. (4) The number of single-occupant vehicle trips reduced per month, week, or day because of the commute benefit ordinance. (5) The vehicle miles traveled and greenhouse gas emissions reductions associated with implementation of the commute benefit ordinance. (6) The greenhouse gas emissions reductions associated with implementation of the commute benefit ordinance as a percentage of the region’s greenhouse gas emissions target established by the State Air Resources Board. (l) For purposes of this section, the following definitions shall apply: (1) “Authority” means the Los Angeles County Metropolitan Transportation Authority. (2) “Covered employee” means an employee who performed at least an average of 20 hours of work per week within the previous calendar month within the area where the ordinance adopted pursuant to this section operates. (3) “Covered employer” means any employer for which an average of 50 or more employees perform work for compensation at a worksite within the area where the ordinance adopted pursuant to this section operates. In determining the number of employees performing work for an employer during a given week, only employees performing work on a full-time basis shall be counted. (Added by Stats. 2018, Ch. 173, Sec. 1. (AB 2548) Effective January 1, 2019.)
Section 65080.9.Verify source
§ 65081.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. )Amendment

This section lets the Bay Area air quality and transportation agencies adopt a commute benefit ordinance for covered employers, sets the kinds of commuter benefits that may be required, and bars the commission from using federal planning funds for implementation.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. ) ## 65081. (a) It is the intent of the Legislature to encourage metropolitan planning organizations and local air quality management districts or air pollution control districts to work with local employers to adopt policies that encourage commuting by means other than driving alone. To encourage this, the Legislature hereby establishes a program in that regard in the greater San Francisco Bay Area. (b) Notwithstanding Section 40717.9 of the Health and Safety Code, the Bay Area Air Quality Management District and the Metropolitan Transportation Commission with respect to the common area within their respective jurisdictions may jointly adopt a commute benefit ordinance that requires covered employers operating within the common area of the district and commission to offer all covered employees one of the following choices: (1) A pretax option: a program, consistent with Section 132(f) of the Internal Revenue Code, allowing covered employees to elect to exclude from taxable wages employee commuting costs incurred for transit passes or vanpool charges, up to the maximum amount allowed by federal tax law. (2) Employer-paid benefit: a program whereby the covered employer offers employees a subsidy to offset the monthly cost of commuting via public transit or by vanpool, or, in addition, and at the employer’s discretion, by bicycle. The subsidy shall be equal to either the monthly cost of commuting via public transit or by vanpool, or seventy-five dollars ($75), whichever is lower. The seventy-five dollar ($75) amount shall be adjusted annually consistent with the California Consumer Price Index. If the covered employer chooses to offer a subsidy to offset the monthly cost of commuting by bicycle, the subsidy shall be either the monthly cost of commuting by bicycle or twenty dollars ($20), whichever is lower. (3) Employer-provided transit: transportation furnished by the covered employer at no cost, or low cost as determined by the district or commission, to the covered employee in a vanpool or bus, or similar multipassenger vehicle operated by or for the employer. (c) Nothing in this section shall prevent a covered employer from offering a more generous commuter benefit that is otherwise consistent with the requirements of the applicable commute benefit ordinance. Nothing in this section shall require employees to change their behavior. (d) An employer offering, or proposing to offer, an alternative commuter benefit on the employer’s own initiative, or an employer otherwise required to offer an alternative commuter benefit as a condition of a lease, original building permit, or other similar requirement, if the alternative is not one of the options identified in subdivision (b), may seek approval of the alternative from the district or commission. The district or commission may approve an alternative if it determines that the alternative provides at least the same benefit in terms of reducing single-occupant vehicle trips as any of the options in subdivision (b). An employer that offers an approved alternative to covered employees in a manner otherwise consistent with this section is not required to offer one of the options in subdivision (b). (e) The commute benefit ordinance shall provide covered employers with at least six months to comply after the ordinance is adopted. (f) An employer that participates in or is represented by a transportation management association that provides the employer’s covered employees with any of the benefits in subdivision (b), or an alternative benefit determined by the district or commission pursuant to subdivision (d) to provide at least the same benefit in terms of reducing single-occupant vehicle trips as any of the options in subdivision (b), shall be deemed in compliance with the regional ordinance, and the transportation management association may act on behalf of those employers in that regard. The district or commission shall communicate directly with the transportation management association, rather than the participating employers, to determine compliance with the ordinance. (g) A commute benefit ordinance adopted pursuant to this section shall specify all of the following: (1) how the implementing agencies will inform covered employers about the ordinance, (2) how compliance with the ordinance will be demonstrated, (3) the procedures for proposing and the criteria that will be used to evaluate an alternative commuter benefit pursuant to subdivision (d), and (4) any consequences for noncompliance. (h) Nothing in this section shall limit or restrict the statutory or regulatory authority of the commission or district. (i) The commission shall not use federal planning funds in the implementation of the commute benefit ordinance. (j) As used in this section, the following terms have the following meanings: (1) “Covered employer” means any employer for which an average of 50 or more employees per week perform work for compensation within the area where the ordinance adopted pursuant to this section operates. In determining the number of employees performing work for an employer during a given week, only employees performing work on a full-time basis shall be counted. (2) “Covered employee” means an employee who performed at least an average of 20 hours of work per week within the previous calendar month within the area where the ordinance adopted pursuant to this section operates. (3) “District” means the Bay Area Air Quality Management District. (4) “Commission” means the Metropolitan Transportation Commission. (Amended by Stats. 2016, Ch. 483, Sec. 1. (SB 1128) Effective January 1, 2017.)
Section 65081.Verify source
§ 65081.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. )Amendment

Transportation planning agencies covering a primary air carrier airport must include an airport ground access improvement program in their updated regional transportation plan.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. ) ## 65081.1. (a) After consultation with other regional and local transportation agencies, each transportation planning agency whose planning area includes a primary air carrier airport shall, in conjunction with its preparation of an updated regional transportation plan, include an airport ground access improvement program. (b) The program shall address the development and extension of mass transit systems, including passenger rail service, major arterial and highway widening and extension projects, and any other ground access improvement projects the planning agency deems appropriate. (c) Highest consideration shall be given to mass transit for airport access improvement projects in the program. (d) If federal funds are not available to a transportation planning agency for the costs of preparing or updating an airport ground access improvement program, the agency may charge the operators of primary air carrier airports within its planning area for the direct costs of preparing and updating the program. An airport operator against whom charges are imposed pursuant to this subdivision shall pay the amount of those charges to the transportation planning agency. (Amended by Stats. 1997, Ch. 622, Sec. 26. Effective January 1, 1998.)
Section 65081.1.Verify source
§ 65081.3.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. )Amendment

Some transportation agencies may designate special corridors, but priority corridor designation comes with required planning, survey, environmental review, and findings.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. ) ## 65081.3. (a) As a part of its adoption of the regional transportation plan, the designated county transportation commission, regional transportation planning agency, or the Metropolitan Transportation Commission may designate special corridors, which may include, but are not limited to, adopted state highway routes, which, in consultation with the Department of Transportation, cities, counties, and transit operators directly impacted by the corridor, are determined to be of statewide or regional priority for long-term right-of-way preservation. (b) Prior to designating a corridor for priority acquisition, the regional transportation planning agency shall do all of the following: (1) Establish geographic boundaries for the proposed corridor. (2) Complete a traffic survey, including a preliminary recommendation for transportation modal split, which generally describes the traffic and air quality impacts of the proposed corridor. (3) Consider the widest feasible range of possible transportation facilities that could be located in the corridor and the major environmental impacts they may cause to assist in making the corridor more environmentally sensitive and, in the long term, a more viable site for needed transportation improvements. (c) A designated corridor of statewide or regional priority shall be specifically considered in the certified environmental impact report completed for the adopted regional transportation plan required by the California Environmental Quality Act, which shall include a review of the environmental impacts of the possible transportation facilities which may be located in the corridor. The environmental impact report shall include a survey within the corridor boundaries to determine if there exist any of the following: (1) Rare or endangered plant or animal species. (2) Historical or cultural sites of major significance. (3) Wetlands, vernal pools, or other naturally occurring features. (d) The regional transportation planning agency shall designate a corridor for priority acquisition only if, after a public hearing, it finds that the range of potential transportation facilities to be located in the corridor can be constructed in a manner which will avoid or mitigate significant environmental impacts or values identified in subdivision (c), consistent with the California Environmental Quality Act and the state and federal Endangered Species Acts. (e) Notwithstanding any other provision of this section, a corridor of statewide or regional priority may be designated as part of the regional transportation plan only if it has previously been specifically defined in the plan required pursuant to Section 134 and is consistent with the plan required pursuant to Section 135 of Title 23 of the United States Code. (Added by Stats. 1992, Ch. 754, Sec. 1. Effective January 1, 1993.)
Section 65081.3.Verify source
§ 65082.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. )Amendment

A five-year regional transportation improvement program must be prepared, adopted, and submitted to the California Transportation Commission by December 15 of each odd-numbered year, with updates every two years.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. ) ## 65082. (a) (1) A five-year regional transportation improvement program shall be prepared, adopted, and submitted to the California Transportation Commission on or before December 15 of each odd-numbered year thereafter, updated every two years, pursuant to Sections 65080 and 65080.5 and the guidelines adopted pursuant to Section 14530.1, to include regional transportation improvement projects and programs proposed to be funded, in whole or in part, in the state transportation improvement program. (2) Major projects shall include current costs updated as of November 1 of the year of submittal and escalated to the appropriate year, and be listed by relative priority, taking into account need, delivery milestone dates, and the availability of funding. (b) Except for those counties that do not prepare a congestion management program pursuant to Section 65088.3, congestion management programs adopted pursuant to Section 65089 shall be incorporated into the regional transportation improvement program submitted to the commission by December 15 of each odd-numbered year. (c) Local projects not included in a congestion management program shall not be included in the regional transportation improvement program. Projects and programs adopted pursuant to subdivision (a) shall be consistent with the capital improvement program adopted pursuant to paragraph (5) of subdivision (b) of Section 65089, and the guidelines adopted pursuant to Section 14530.1. (d) Other projects may be included in the regional transportation improvement program if listed separately. (e) Unless a county not containing urbanized areas of over 50,000 population notifies the Department of Transportation by July 1 that it intends to prepare a regional transportation improvement program for that county, the department shall, in consultation with the affected local agencies, prepare the program for all counties for which it prepares a regional transportation plan. (f) The requirements for incorporating a congestion management program into a regional transportation improvement program specified in this section do not apply in those counties that do not prepare a congestion management program in accordance with Section 65088.3. (g) The regional transportation improvement program may include a reserve of county shares for providing funds in order to match federal funds. (Amended by Stats. 2003, Ch. 525, Sec. 7. Effective January 1, 2004.)
Section 65082.Verify source
§ 65084.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. )Amendment

Each county board of supervisors may appoint a county director of transportation and set that officer’s responsibilities.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. ) ## 65084. In order to insure coordinated planning, development, and operation of transportation systems of all types and modes, the board of supervisors of each county may appoint a county director of transportation, and specify the extent of the responsibilities of such officer. (Added by Stats. 1972, Ch. 1253.)
Section 65084.Verify source
§ 65085.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. )Amendment

The board of supervisors may designate a properly qualified county officer to serve as county director of transportation.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. ) ## 65085. The board of supervisors may designate any county officer who is properly qualified to serve as the county director of transportation. (Added by Stats. 1972, Ch. 1253.)
Section 65085.Verify source
§ 65086.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. )Amendment

The Department of Transportation must do long-term state highway system planning to identify future highway improvements, in consultation with specified transportation and local government bodies.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. ) ## 65086. The Department of Transportation, in consultation with transportation planning agencies, county transportation commissions, counties, and cities, shall carry out long-term state highway system planning to identify future highway improvements. (Amended by Stats. 1997, Ch. 622, Sec. 29. Effective January 1, 1998.)
Section 65086.Verify source
§ 65086.4.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. )Repeal

Projects on the state highway system must comply with applicable state and federal standards. The department may approve exceptions it considers appropriate.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. ) ## 65086.4. Projects on the state highway system shall comply with applicable state and federal standards to ensure systemwide consistency with operational, safety, and maintenance needs. The department may approve exceptions to this requirement that it determines to be appropriate. (Repealed and added by Stats. 1997, Ch. 622, Sec. 31. Effective January 1, 1998.)
Section 65086.4.Verify source
§ 65086.5.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. )Commencement

The Department of Transportation may prepare certain project studies reports, but must follow specified review, comment, and guideline deadlines.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.5. Transportation Planning and Programming [65080 - 65086.5] ( Heading of Chapter 2.5 amended by Stats. 1977, Ch. 1106. ) ## 65086.5. (a) To the extent that the work does not jeopardize the delivery of the projects in the adopted state transportation improvement program, the Department of Transportation may prepare a project studies report for capacity-increasing state highway projects that are not included in the state transportation improvement program. Preparation of the project studies report shall be limited by the resources available to the department for that work, supplemented, as appropriate, by regional or local resources. The project studies report shall include the project-related factors of limits, description, scope, costs, and the amount of time needed for initiating construction. (b) Whenever project studies reports are performed by an entity other than the Department of Transportation, the department shall review and approve the report. (c) The Department of Transportation may be requested to prepare a project studies report for a capacity-increasing state highway project which is being proposed for inclusion in a future state transportation improvement program. The department shall have 30 days to determine whether it can complete the requested report in a timely fashion. If the department determines that it cannot complete the report in a timely fashion, the requesting entity may prepare the report. Upon submission of a project studies report to the department by the entity, the department shall complete its review and provide its comments to that entity within 60 days from the date of submission. The department shall complete its review and final determination of a report which has been revised to address the department’s comments within 30 days following submission of the revised report. (d) The Department of Transportation, in consultation with representatives of cities, counties, and regional transportation planning agencies, shall prepare draft guidelines for the preparation of project studies reports by all entities. The guidelines shall address the development of reliable cost estimates. The department shall submit the draft guidelines to the California Transportation Commission not later than July 1, 1991. The commission shall adopt the final guidelines not later than October 1, 1991. Guidelines adopted by the commission shall apply only to project studies reports commenced after October 1, 1991. (Amended by Stats. 1998, Ch. 596, Sec. 3. Effective September 21, 1998.)
Section 65086.5.Verify source
§ 65088.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. )Amendment

This section states legislative findings about California’s traffic congestion, transportation planning, and housing-related barriers.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. ) ## 65088. The Legislature finds and declares all of the following: (a) Although California’s economy is critically dependent upon transportation, its current transportation system relies primarily upon a street and highway system designed to accommodate far fewer vehicles than are currently using the system. (b) California’s transportation system is characterized by fragmented planning, both among jurisdictions involved and among the means of available transport. (c) The lack of an integrated system and the increase in the number of vehicles are causing traffic congestion that each day results in 400,000 hours lost in traffic, 200 tons of pollutants released into the air we breathe, and three million one hundred thousand dollars ($3,100,000) added costs to the motoring public. (d) To keep California moving, all methods and means of transport between major destinations must be coordinated to connect our vital economic and population centers. (e) In order to develop the California economy to its full potential, it is intended that federal, state, and local agencies join with transit districts, business, private and environmental interests to develop and implement comprehensive strategies needed to develop appropriate responses to transportation needs. (f) In addition to solving California’s traffic congestion crisis, rebuilding California’s cities and suburbs, particularly with affordable housing and more walkable neighborhoods, is an important part of accommodating future increases in the state’s population because homeownership is only now available to most Californians who are on the fringes of metropolitan areas and far from employment centers. (g) The Legislature intends to do everything within its power to remove regulatory barriers around the development of infill housing, transit-oriented development, and mixed use commercial development in order to reduce regional traffic congestion and provide more housing choices for all Californians. (h) The removal of regulatory barriers to promote infill housing, transit-oriented development, or mixed use commercial development does not preclude a city or county from holding a public hearing nor finding that an individual infill project would be adversely impacted by the surrounding environment or transportation patterns. (Amended by Stats. 2002, Ch. 505, Sec. 1. Effective January 1, 2003.)
Section 65088.Verify source
§ 65088.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. )Amendment

This section defines key congestion management terms and says the agency should use the program’s elements to prevent deficiencies and improve multimodal mobility.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. ) ## 65088.1. As used in this chapter the following terms have the following meanings: (a) Unless the context requires otherwise, “agency” means the agency responsible for the preparation and adoption of the congestion management program. (b) “Bus rapid transit corridor” means a bus service that includes at least four of the following attributes: (1) Coordination with land use planning. (2) Exclusive right-of-way. (3) Improved passenger boarding facilities. (4) Limited stops. (5) Passenger boarding at the same height as the bus. (6) Prepaid fares. (7) Real-time passenger information. (8) Traffic priority at intersections. (9) Signal priority. (10) Unique vehicles. (c) “Commission” means the California Transportation Commission. (d) “Department” means the Department of Transportation. (e) “Infill opportunity zone” means a specific area designated by a city or county, pursuant to subdivision (c) of Section 65088.4, that is within one-half mile of a major transit stop or high-quality transit corridor included in a regional transportation plan. A major transit stop is as defined in Section 21064.3 of the Public Resources Code, except that, for purposes of this section, it also includes major transit stops that are included in the applicable regional transportation plan. For purposes of this section, a high-quality transit corridor means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. (f) “Interregional travel” means any trips that originate outside the boundary of the agency. A “trip” means a one-direction vehicle movement. The origin of any trip is the starting point of that trip. A roundtrip consists of two individual trips. (g) “Level of service standard” is a threshold that defines a deficiency on the congestion management program highway and roadway system which requires the preparation of a deficiency plan. It is the intent of the Legislature that the agency shall use all elements of the program to implement strategies and actions that avoid the creation of deficiencies and to improve multimodal mobility. (h) “Local jurisdiction” means a city, a county, or a city and county. (i) “Multimodal” means the utilization of all available modes of travel that enhance the movement of people and goods, including, but not limited to, highway, transit, nonmotorized, and demand management strategies including, but not limited to, telecommuting. The availability and practicality of specific multimodal systems, projects, and strategies may vary by county and region in accordance with the size and complexity of different urbanized areas. (j) (1) “Parking cash-out program” means an employer-funded program under which an employer offers to provide a cash allowance to an employee equivalent to the parking subsidy that the employer would otherwise pay to provide the employee with a parking space. “Parking subsidy” means the difference between the out-of-pocket amount paid by an employer on a regular basis in order to secure the availability of an employee parking space not owned by the employer and the price, if any, charged to an employee for use of that space. (2) A parking cash-out program may include a requirement that employee participants certify that they will comply with guidelines established by the employer designed to avoid neighborhood parking problems, with a provision that employees not complying with the guidelines will no longer be eligible for the parking cash-out program. (k) “Performance measure” is an analytical planning tool that is used to quantitatively evaluate transportation improvements and to assist in determining effective implementation actions, considering all modes and strategies. Use of a performance measure as part of the program does not trigger the requirement for the preparation of deficiency plans. (l) “Urbanized area” has the same meaning as is defined in the 1990 federal census for urbanized areas of more than 50,000 population. (m) Unless the context requires otherwise, “regional agency” means the agency responsible for preparation of the regional transportation improvement program. (Amended by Stats. 2013, Ch. 386, Sec. 3. (SB 743) Effective January 1, 2014.)
Section 65088.1.Verify source
§ 65088.3.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. )Amendment

The chapter does not apply in a county if enough local governments adopt resolutions to opt out of the congestion management program.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. ) ## 65088.3. This chapter does not apply in a county in which a majority of local governments, collectively comprised of the city councils and the county board of supervisors, which in total also represent a majority of the population in the county, each adopt resolutions electing to be exempt from the congestion management program. (Added by Stats. 1996, Ch. 293, Sec. 4. Effective January 1, 1997.)
Section 65088.3.Verify source
§ 65088.4.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. )Amendment

A city or county may designate an infill opportunity zone by resolution if specified planning conditions are met.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. ) ## 65088.4. (a) It is the intent of the Legislature to balance the need for level of service standards for traffic with the need to build infill housing and mixed use commercial developments within walking distance of mass transit facilities, downtowns, and town centers and to provide greater flexibility to local governments to balance these sometimes competing needs. (b) Notwithstanding any other provision of law, level of service standards described in Section 65089 shall not apply to the streets and highways within an infill opportunity zone. (c) The city or county may designate an infill opportunity zone by adopting a resolution after determining that the infill opportunity zone is consistent with the general plan and any applicable specific plan, and is a transit priority area within a sustainable communities strategy or alternative planning strategy adopted by the applicable metropolitan planning organization. (Amended by Stats. 2013, Ch. 386, Sec. 4. (SB 743) Effective January 1, 2014.)
Section 65088.4.Verify source
§ 65088.5.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. )Amendment

If certain congestion management programs are prepared by specified transportation bodies, the regional transportation planning agency must use them and incorporate them into the congestion management system.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. ) ## 65088.5. Congestion management programs, if prepared by county transportation commissions and transportation authorities created pursuant to Division 12 (commencing with Section 130000) of the Public Utilities Code, shall be used by the regional transportation planning agency to meet federal requirements for a congestion management system, and shall be incorporated into the congestion management system. (Added by Stats. 1996, Ch. 1154, Sec. 4. Effective September 30, 1996.)
Section 65088.5.Verify source
§ 65089.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. )Amendment

This section requires congestion management programs to be developed, adopted, and updated regularly, and sets required contents, modeling rules, and parking-related relief for qualifying commercial developments.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. ) ## 65089. (a) A congestion management program shall be developed, adopted, and updated biennially, consistent with the schedule for adopting and updating the regional transportation improvement program, for every county that includes an urbanized area, and shall include every city and the county. The program shall be adopted at a noticed public hearing of the agency. The program shall be developed in consultation with, and with the cooperation of, the transportation planning agency, regional transportation providers, local governments, the department, and the air pollution control district or the air quality management district, either by the county transportation commission, or by another public agency, as designated by resolutions adopted by the county board of supervisors and the city councils of a majority of the cities representing a majority of the population in the incorporated area of the county. (b) The program shall contain all of the following elements: (1) (A) Traffic level of service standards established for a system of highways and roadways designated by the agency. The highway and roadway system shall include at a minimum all state highways and principal arterials. No highway or roadway designated as a part of the system shall be removed from the system. All new state highways and principal arterials shall be designated as part of the system, except when it is within an infill opportunity zone. Level of service (LOS) shall be measured by Circular 212, by the most recent version of the Highway Capacity Manual, or by a uniform methodology adopted by the agency that is consistent with the Highway Capacity Manual. The determination as to whether an alternative method is consistent with the Highway Capacity Manual shall be made by the regional agency, except that the department instead shall make this determination if either (i) the regional agency is also the agency, as those terms are defined in Section 65088.1, or (ii) the department is responsible for preparing the regional transportation improvement plan for the county. (B) In no case shall the LOS standards established be below the level of service E or the current level, whichever is farthest from level of service A except when the area is in an infill opportunity zone. When the level of service on a segment or at an intersection fails to attain the established level of service standard outside an infill opportunity zone, a deficiency plan shall be adopted pursuant to Section 65089.4. (2) A performance element that includes performance measures to evaluate current and future multimodal system performance for the movement of people and goods. At a minimum, these performance measures shall incorporate highway and roadway system performance, and measures established for the frequency and routing of public transit, and for the coordination of transit service provided by separate operators. These performance measures shall support mobility, air quality, land use, and economic objectives, and shall be used in the development of the capital improvement program required pursuant to paragraph (5), deficiency plans required pursuant to Section 65089.4, and the land use analysis program required pursuant to paragraph (4). (3) A travel demand element that promotes alternative transportation methods, including, but not limited to, carpools, vanpools, transit, bicycles, and park-and-ride lots; improvements in the balance between jobs and housing; and other strategies, including, but not limited to, flexible work hours, telecommuting, and parking management programs. The agency shall consider parking cash-out programs during the development and update of the travel demand element. (4) A program to analyze the impacts of land use decisions made by local jurisdictions on regional transportation systems, including an estimate of the costs associated with mitigating those impacts. This program shall measure, to the extent possible, the impact to the transportation system using the performance measures described in paragraph (2). In no case shall the program include an estimate of the costs of mitigating the impacts of interregional travel. The program shall provide credit for local public and private contributions to improvements to regional transportation systems. However, in the case of toll road facilities, credit shall only be allowed for local public and private contributions which are unreimbursed from toll revenues or other state or federal sources. The agency shall calculate the amount of the credit to be provided. The program defined under this section may require implementation through the requirements and analysis of the California Environmental Quality Act, in order to avoid duplication. (5) A seven-year capital improvement program, developed using the performance measures described in paragraph (2) to determine effective projects that maintain or improve the performance of the multimodal system for the movement of people and goods, to mitigate regional transportation impacts identified pursuant to paragraph (4). The program shall conform to transportation-related vehicle emission air quality mitigation measures, and include any project that will increase the capacity of the multimodal system. It is the intent of the Legislature that, when roadway projects are identified in the program, consideration be given for maintaining bicycle access and safety at a level comparable to that which existed prior to the improvement or alteration. The capital improvement program may also include safety, maintenance, and rehabilitation projects that do not enhance the capacity of the system but are necessary to preserve the investment in existing facilities. (c) The agency, in consultation with the regional agency, cities, and the county, shall develop a uniform data base on traffic impacts for use in a countywide transportation computer model and shall approve transportation computer models of specific areas within the county that will be used by local jurisdictions to determine the quantitative impacts of development on the circulation system that are based on the countywide model and standardized modeling assumptions and conventions. The computer models shall be consistent with the modeling methodology adopted by the regional planning agency. The data bases used in the models shall be consistent with the data bases used by the regional planning agency. Where the regional agency has jurisdiction over two or more counties, the data bases used by the agency shall be consistent with the data bases used by the regional agency. (d) (1) The city or county in which a commercial development will implement a parking cash-out program that is included in a congestion management program pursuant to subdivision (b), or in a deficiency plan pursuant to Section 65089.4, shall grant to that development an appropriate reduction in the parking requirements otherwise in effect for new commercial development. (2) At the request of an existing commercial development that has implemented a parking cash-out program, the city or county shall grant an appropriate reduction in the parking requirements otherwise applicable based on the demonstrated reduced need for parking, and the space no longer needed for parking purposes may be used for other appropriate purposes. (e) Pursuant to the federal Intermodal Surface Transportation Efficiency Act of 1991 and regulations adopted pursuant to the act, the department shall submit a request to the Federal Highway Administration Division Administrator to accept the congestion management program in lieu of development of a new congestion management system otherwise required by the act. (Amended by Stats. 2002, Ch. 505, Sec. 4. Effective January 1, 2003.)
Section 65089.Verify source
§ 65089.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. )Amendment

Employers and agencies in the South Coast Air Quality Management District must follow rules for trip reduction plans, including employee notice, agency program requirements, and limits on required cash incentives.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. ) ## 65089.1. (a) For purposes of this section, “plan” means a trip reduction plan or a related or similar proposal submitted by an employer to a local public agency for adoption or approval that is designed to facilitate employee ridesharing, the use of public transit, and other means of travel that do not employ a single-occupant vehicle. (b) An agency may require an employer to provide rideshare data bases; an emergency ride program; a preferential parking program; a transportation information program; a parking cash-out program, as defined in subdivision (f) of Section 65088.1; a public transit subsidy in an amount to be determined by the employer; bicycle parking areas; and other noncash value programs which encourage or facilitate the use of alternatives to driving alone. An employer may offer, but no agency shall require an employer to offer, cash, prizes, or items with cash value to employees to encourage participation in a trip reduction program as a condition of approving a plan. (c) Employers shall provide employees reasonable notice of the content of a proposed plan and shall provide the employees an opportunity to comment prior to submittal of the plan to the agency for adoption. (d) Each agency shall modify existing programs to conform to this section not later than June 30, 1995. Any plan adopted by an agency prior to January 1, 1994, shall remain in effect until adoption by the agency of a modified plan pursuant to this section. (e) Employers may include disincentives in their plans that do not create a widespread and substantial disproportionate impact on ethnic or racial minorities, women, or low-income or disabled employees. (f) This section shall not be interpreted to relieve any employer of the responsibility to prepare a plan that conforms with trip reduction goals specified in Division 26 (commencing with Section 39000) of the Health and Safety Code, or the Clean Air Act (42 U.S.C. Sec. 7401 et seq.). (g) This section only applies to agencies and employers within the South Coast Air Quality Management District. (Added by Stats. 1994, Ch. 534, Sec. 2. Effective January 1, 1995.)
Section 65089.1.Verify source
§ 65089.10.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. )Amendment

Certain congestion management agencies in the Bay Area Air Quality Management District must use specified funds for air-quality improvement and chapter purposes.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. ) ## 65089.10. Any congestion management agency that is located in the Bay Area Air Quality Management District and receives funds pursuant to Section 44241 of the Health and Safety Code for the purpose of implementing paragraph (3) of subdivision (b) of Section 65089 shall ensure that those funds are expended as part of an overall program for improving air quality and for the purposes of this chapter. (Added by Stats. 1995, Ch. 950, Sec. 1. Effective January 1, 1996.)
Section 65089.10.Verify source
§ 65089.11.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.65. Management of Traffic Congestion and Stormwater Pollution in San Mateo County [65089.11 - 65089.20] ( Chapter 2.65 added by Stats. 2004, Ch. 931, Sec. 1. )Amendment

The San Mateo County association may impose and later reauthorize a motor vehicle fee of up to $4, if it adopts the required resolution and congestion/stormwater program.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.65. Management of Traffic Congestion and Stormwater Pollution in San Mateo County [65089.11 - 65089.20] ( Chapter 2.65 added by Stats. 2004, Ch. 931, Sec. 1. ) ## 65089.11. (a) The City/County Association of Governments of San Mateo County, which has been formed by the resolutions of the board of supervisors within San Mateo County and a majority of the city councils within the county that represent a majority of the population in the incorporated area of San Mateo County, may impose a fee of up to four dollars ($4) on motor vehicles registered within San Mateo County. The City/County Association of Governments of San Mateo County may impose the fee only if the board of the association adopts a resolution providing for both the fee and a corresponding program for the management of traffic congestion and stormwater pollution within San Mateo County as set forth in Sections 65089.12 to 65089.15, inclusive. Adoption by the board requires a vote of approval by board members representing two-thirds of the population of San Mateo County. (b) A fee imposed pursuant to this section shall not become operative until July 1, 2005, pursuant to the resolution adopted by the board in subdivision (a). (c) The City/County Association of Governments of San Mateo County may reauthorize the fee established under subdivision (a) pursuant to the same conditions required in that subdivision for a period of four years and the fee shall terminate on January 1, 2013, unless reauthorized by the Legislature. (Amended by Stats. 2008, Ch. 377, Sec. 1. Effective January 1, 2009.)
Section 65089.11.Verify source
§ 65089.12.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.65. Management of Traffic Congestion and Stormwater Pollution in San Mateo County [65089.11 - 65089.20] ( Chapter 2.65 added by Stats. 2004, Ch. 931, Sec. 1. )Amendment

Certain fee revenue must be used for congestion management and stormwater pollution prevention, and administrative use is capped at 5 percent.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.65. Management of Traffic Congestion and Stormwater Pollution in San Mateo County [65089.11 - 65089.20] ( Chapter 2.65 added by Stats. 2004, Ch. 931, Sec. 1. ) ## 65089.12. (a) The fees distributed to the City/County Association of Governments of San Mateo County pursuant to Section 9250.5 of the Vehicle Code shall be used for purposes of congestion management and stormwater pollution prevention as specified in its adopted congestion management program, pursuant to Section 65089, and its approved National Pollutant Discharge Elimination System permit issued pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.). (b) (1) The fees collected may be used to pay for those programs with a relationship or benefit to the motor vehicles that are paying the fee. (2) Prior to imposing the fee, the board of the association shall make a finding of fact by a 2/3 vote that those programs bear a relationship or benefit to the motor vehicles that will pay the fee. (c) The purpose of the Congestion Management Program is to address motor vehicle congestion. (d) Only the stormwater pollution prevention programs that directly address the negative impact on creeks, streams, bays, and the ocean caused by motor vehicles and the infrastructure supporting motor vehicle travel are eligible for funding. (e) Not more than 5 percent of the fees distributed to the City/County Association of Governments of San Mateo County shall be used by the association for its administrative costs associated with the program. (Added by Stats. 2004, Ch. 931, Sec. 1. Effective January 1, 2005.)
Section 65089.12.Verify source
§ 65089.13.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.65. Management of Traffic Congestion and Stormwater Pollution in San Mateo County [65089.11 - 65089.20] ( Chapter 2.65 added by Stats. 2004, Ch. 931, Sec. 1. )Amendment

Before the fee is imposed, the association must develop and adopt a specific program with performance measures and a budget at a noticed public hearing.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.65. Management of Traffic Congestion and Stormwater Pollution in San Mateo County [65089.11 - 65089.20] ( Chapter 2.65 added by Stats. 2004, Ch. 931, Sec. 1. ) ## 65089.13. Prior to the imposition of the fee by the City/County Association of Governments of San Mateo County, a specific program with performance measures and a budget shall first be developed and adopted by the association at a noticed public hearing. (Added by Stats. 2004, Ch. 931, Sec. 1. Effective January 1, 2005.)
Section 65089.13.Verify source
§ 65089.14.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.65. Management of Traffic Congestion and Stormwater Pollution in San Mateo County [65089.11 - 65089.20] ( Chapter 2.65 added by Stats. 2004, Ch. 931, Sec. 1. )Amendment

The City/County Association of Governments of San Mateo County must have an independent audit performed on the program and provide the review and report to the board at a noticed public hearing.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.65. Management of Traffic Congestion and Stormwater Pollution in San Mateo County [65089.11 - 65089.20] ( Chapter 2.65 added by Stats. 2004, Ch. 931, Sec. 1. ) ## 65089.14. The City/County Association of Governments of San Mateo County shall have an independent audit performed on the program with the review and report provided to the board at a noticed public hearing. (Added by Stats. 2004, Ch. 931, Sec. 1. Effective January 1, 2005.)
Section 65089.14.Verify source
§ 65089.15.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.65. Management of Traffic Congestion and Stormwater Pollution in San Mateo County [65089.11 - 65089.20] ( Chapter 2.65 added by Stats. 2004, Ch. 931, Sec. 1. )Amendment

The City/County Association of Governments of San Mateo County must provide a report to the Legislature on the program by July 1, 2006.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.65. Management of Traffic Congestion and Stormwater Pollution in San Mateo County [65089.11 - 65089.20] ( Chapter 2.65 added by Stats. 2004, Ch. 931, Sec. 1. ) ## 65089.15. The City/County Association of Governments of San Mateo County shall provide a report to the Legislature on the program by July 1, 2006. (Added by Stats. 2004, Ch. 931, Sec. 1. Effective January 1, 2005.)
Section 65089.15.Verify source
§ 65089.2.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. )Amendment

This section requires congestion management programs to be submitted to the regional agency, reviewed for consistency, and in some cases incorporated into the regional transportation improvement program.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. ) ## 65089.2. (a) Congestion management programs shall be submitted to the regional agency. The regional agency shall evaluate the consistency between the program and the regional transportation plans required pursuant to Section 65080. In the case of a multicounty regional transportation planning agency, that agency shall evaluate the consistency and compatibility of the programs within the region. (b) The regional agency, upon finding that the program is consistent, shall incorporate the program into the regional transportation improvement program as provided for in Section 65082. If the regional agency finds the program is inconsistent, it may exclude any project in the congestion management program from inclusion in the regional transportation improvement program. (c) (1) The regional agency shall not program any surface transportation program funds and congestion mitigation and air quality funds pursuant to Sections 182.6 and 182.7 of the Streets and Highways Code in a county unless a congestion management program has been adopted by December 31, 1992, as required pursuant to Section 65089. No surface transportation program funds or congestion mitigation and air quality funds shall be programmed for a project in a local jurisdiction that has been found to be in nonconformance with a congestion management program pursuant to Section 65089.5 unless the agency finds that the project is of regional significance. (2) Notwithstanding any other provision of law, upon the designation of an urbanized area, pursuant to the 1990 federal census or a subsequent federal census, within a county which previously did not include an urbanized area, a congestion management program as required pursuant to Section 65089 shall be adopted within a period of 18 months after designation by the Governor. (d) (1) It is the intent of the Legislature that the regional agency, when its boundaries include areas in more than one county, should resolve inconsistencies and mediate disputes that arise between agencies related to congestion management programs adopted for those areas. (2) It is the further intent of the Legislature that disputes that may arise between regional agencies, or agencies that are not within the boundaries of a multicounty regional transportation planning agency, should be mediated and resolved by the Secretary of Transportation, or an employee of the Transportation Agency designated by the secretary, in consultation with the air pollution control district or air quality management district within whose boundaries the regional agency or agencies are located. (e) At the request of the agency, a local jurisdiction that owns, or is responsible for operation of, a trip-generating facility in another county shall participate in the congestion management program of the county where the facility is located. If a dispute arises involving a local jurisdiction, the agency may request the regional agency to mediate the dispute through procedures pursuant to subdivision (d). Failure to resolve the dispute does not invalidate the congestion management program. (Amended by Stats. 2014, Ch. 345, Sec. 2. (AB 2752) Effective January 1, 2015.)
Section 65089.2.Verify source
§ 65089.20.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.65. Management of Traffic Congestion and Stormwater Pollution in San Mateo County [65089.11 - 65089.20] ( Chapter 2.65 added by Stats. 2004, Ch. 931, Sec. 1. )Amendment

A countywide transportation planning agency may ask county voters to approve a motor vehicle registration fee increase, and if approved, the agency can impose up to $10 per vehicle.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.65. Management of Traffic Congestion and Stormwater Pollution in San Mateo County [65089.11 - 65089.20] ( Chapter 2.65 added by Stats. 2004, Ch. 931, Sec. 1. ) ## 65089.20. (a) A countywide transportation planning agency may place a majority vote ballot measure before the voters of the county to authorize an increase in the fees of motor vehicle registration in the county for transportation-related projects and programs described in this chapter. The agency may impose an additional fee of up to ten dollars ($10) on each motor vehicle registered within the county. The ballot measure resolution shall be adopted by a majority vote of the governing board of the countywide transportation planning agency at a noticed public hearing. The resolution shall also contain a finding of fact that the projects and programs to be funded by the fee increase have a relationship or benefit to the persons who will be paying the fee, and the projects and programs are consistent with the regional transportation plan adopted pursuant to Section 65080. The finding of fact shall require a majority vote of the governing board at a noticed public hearing. (b) The ballot measure described in subdivision (a) shall be submitted to the voters of the county and if approved by the voters in the county, the increased fee shall apply to the original vehicle registration occurring on or after six months following the adoption of the measure by the voters and to a renewal of registration with an expiration date on or after that six-month period. (c) (1) The governing board of the countywide transportation planning agency shall adopt an expenditure plan allocating the revenue to transportation-related programs and projects that have a relationship or benefit to the persons who pay the fee. The transportation-related programs and projects include, but are not limited to, programs and projects that have the following purposes: (A) Providing matching funds for funding made available for transportation programs and projects from state general obligation bonds. (B) Creating or sustaining congestion mitigation programs and projects. (C) Creating or sustaining pollution mitigation programs and projects. (2) For the purposes of paragraph (1), the following terms have the following meanings: (A) “Congestion mitigation programs and projects” include, but are not limited to, programs and projects identified in an adopted congestion management program or county transportation plan; projects and programs to manage congestion, including, for example, high-occupancy vehicle or high-occupancy toll lanes; improved transit services through the use of technology and bicycle and pedestrian improvements; improved signal coordination, traveler information systems, highway operational improvements, and local street and road rehabilitation; and transit service expansion. (B) “Pollution mitigation programs and projects” include, but are not limited to, programs and projects carried out by a congestion management agency, a regional water quality control board, an air pollution control district, an air quality management district, or another public agency that is carrying out the adopted plan of a congestion management agency, a regional water quality control board, an air pollution control district, or an air quality management district. (d) Not more than 5 percent of the fees distributed to a countywide transportation planning agency shall be used for administrative costs associated with the programs and projects. (e) For purposes of this section, “countywide transportation planning agency” means the congestion management agency created pursuant to Chapter 2.6 (commencing with Section 65088) or the agency designated pursuant to Section 66531 to submit the county transportation plan. (Added by Stats. 2009, Ch. 554, Sec. 2. (SB 83) Effective January 1, 2010.)
Section 65089.20.Verify source
§ 65089.3.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. )Amendment

The agency must monitor the congestion management program, the department handles state-highway data work unless reassigned, and the agency must check at least every two years whether the county and cities are complying.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. ) ## 65089.3. The agency shall monitor the implementation of all elements of the congestion management program. The department is responsible for data collection and analysis on state highways, unless the agency designates that responsibility to another entity. The agency may also assign data collection and analysis responsibilities to other owners and operators of facilities or services if the responsibilities are specified in its adopted program. The agency shall consult with the department and other affected owners and operators in developing data collection and analysis procedures and schedules prior to program adoption. At least biennially, the agency shall determine if the county and cities are conforming to the congestion management program, including, but not limited to, all of the following: (a) Consistency with levels of service standards, except as provided in Section 65089.4. (b) Adoption and implementation of a program to analyze the impacts of land use decisions, including the estimate of the costs associated with mitigating these impacts. (c) Adoption and implementation of a deficiency plan pursuant to Section 65089.4 when highway and roadway level of service standards are not maintained on portions of the designated system. (Amended by Stats. 1996, Ch. 293, Sec. 3. Effective January 1, 1997.)
Section 65089.3.Verify source
§ 65089.4.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. )Amendment

Local jurisdictions must prepare and adopt deficiency plans when roadway level of service standards are not met, and agencies must review, process, and oversee those plans.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. ) ## 65089.4. (a) A local jurisdiction shall prepare a deficiency plan when highway or roadway level of service standards are not maintained on segments or intersections of the designated system. The deficiency plan shall be adopted by the city or county at a noticed public hearing. (b) The agency shall calculate the impacts subject to exclusion pursuant to subdivision (f) of this section, after consultation with the regional agency, the department, and the local air quality management district or air pollution control district. If the calculated traffic level of service following exclusion of these impacts is consistent with the level of service standard, the agency shall make a finding at a publicly noticed meeting that no deficiency plan is required and so notify the affected local jurisdiction. (c) The agency shall be responsible for preparing and adopting procedures for local deficiency plan development and implementation responsibilities, consistent with the requirements of this section. The deficiency plan shall include all of the following: (1) An analysis of the cause of the deficiency. This analysis shall include the following: (A) Identification of the cause of the deficiency. (B) Identification of the impacts of those local jurisdictions within the jurisdiction of the agency that contribute to the deficiency. These impacts shall be identified only if the calculated traffic level of service following exclusion of impacts pursuant to subdivision (f) indicates that the level of service standard has not been maintained, and shall be limited to impacts not subject to exclusion. (2) A list of improvements necessary for the deficient segment or intersection to maintain the minimum level of service otherwise required and the estimated costs of the improvements. (3) A list of improvements, programs, or actions, and estimates of costs, that will (A) measurably improve multimodal performance, using measures defined in paragraphs (1) and (2) of subdivision (b) of Section 65089, and (B) contribute to significant improvements in air quality, such as improved public transit service and facilities, improved nonmotorized transportation facilities, high occupancy vehicle facilities, parking cash-out programs, and transportation control measures. The air quality management district or the air pollution control district shall establish and periodically revise a list of approved improvements, programs, and actions that meet the scope of this paragraph. If an improvement, program, or action on the approved list has not been fully implemented, it shall be deemed to contribute to significant improvements in air quality. If an improvement, program, or action is not on the approved list, it shall not be implemented unless approved by the local air quality management district or air pollution control district. (4) An action plan, consistent with the provisions of Chapter 5 (commencing with Section 66000), that shall be implemented, consisting of improvements identified in paragraph (2), or improvements, programs, or actions identified in paragraph (3), that are found by the agency to be in the interest of the public health, safety, and welfare. The action plan shall include a specific implementation schedule. The action plan shall include implementation strategies for those jurisdictions that have contributed to the cause of the deficiency in accordance with the agency’s deficiency plan procedures. The action plan need not mitigate the impacts of any exclusions identified in subdivision (f). Action plan strategies shall identify the most effective implementation strategies for improving current and future system performance. (d) A local jurisdiction shall forward its adopted deficiency plan to the agency within 12 months of the identification of a deficiency. The agency shall hold a noticed public hearing within 60 days of receiving the deficiency plan. Following that hearing, the agency shall either accept or reject the deficiency plan in its entirety, but the agency may not modify the deficiency plan. If the agency rejects the plan, it shall notify the local jurisdiction of the reasons for that rejection, and the local jurisdiction shall submit a revised plan within 90 days addressing the agency’s concerns. Failure of a local jurisdiction to comply with the schedule and requirements of this section shall be considered to be nonconformance for the purposes of Section 65089.5. (e) The agency shall incorporate into its deficiency plan procedures, a methodology for determining if deficiency impacts are caused by more than one local jurisdiction within the boundaries of the agency. (1) If, according to the agency’s methodology, it is determined that more than one local jurisdiction is responsible for causing a deficient segment or intersection, all responsible local jurisdictions shall participate in the development of a deficiency plan to be adopted by all participating local jurisdictions. (2) The local jurisdiction in which the deficiency occurs shall have lead responsibility for developing the deficiency plan and for coordinating with other impacting local jurisdictions. If a local jurisdiction responsible for participating in a multi-jurisdictional deficiency plan does not adopt the deficiency plan in accordance with the schedule and requirements of paragraph (a) of this section, that jurisdiction shall be considered in nonconformance with the program for purposes of Section 65089.5. (3) The agency shall establish a conflict resolution process for addressing conflicts or disputes between local jurisdictions in meeting the multi-jurisdictional deficiency plan responsibilities of this section. (f) The analysis of the cause of the deficiency prepared pursuant to paragraph (1) of subdivision (c) shall exclude the following: (1) Interregional travel. (2) Construction, rehabilitation, or maintenance of facilities that impact the system. (3) Freeway ramp metering. (4) Traffic signal coordination by the state or multi-jurisdictional agencies. (5) Traffic generated by the provision of low-income and very low income housing. (6) (A) Traffic generated by high-density residential development located within one-fourth mile of a fixed rail passenger station, and (B) Traffic generated by any mixed use development located within one-fourth mile of a fixed rail passenger station, if more than half of the land area, or floor area, of the mixed use development is used for high density residential housing, as determined by the agency. (g) For the purposes of this section, the following terms have the following meanings: (1) “High density” means residential density development which contains a minimum of 24 dwelling units per acre and a minimum density per acre which is equal to or greater than 120 percent of the maximum residential density allowed under the local general plan and zoning ordinance. A project providing a minimum of 75 dwelling units per acre shall automatically be considered high density. (2) “Mixed use development” means development which integrates compatible commercial or retail uses, or both, with residential uses, and which, due to the proximity of job locations, shopping opportunities, and residences, will discourage new trip generation. (Added by Stats. 1994, Ch. 1146, Sec. 7. Effective January 1, 1995.)
Section 65089.4.Verify source
§ 65089.5.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. )Amendment

If a city or county is found not to comply with the congestion management program, the agency must notify it, the governing body may later report nonconformance, the Controller must withhold certain funds, and the funds must be used only for allowed regional projects.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. ) ## 65089.5. (a) If, pursuant to the monitoring provided for in Section 65089.3, the agency determines, following a noticed public hearing, that a city or county is not conforming with the requirements of the congestion management program, the agency shall notify the city or county in writing of the specific areas of nonconformance. If, within 90 days of the receipt of the written notice of nonconformance, the city or county has not come into conformance with the congestion management program, the governing body of the agency shall make a finding of nonconformance and shall submit the finding to the commission and to the Controller. (b) (1) Upon receiving notice from the agency of nonconformance, the Controller shall withhold apportionments of funds required to be apportioned to that nonconforming city or county by Section 2105 of the Streets and Highways Code. (2) If, within the 12-month period following the receipt of a notice of nonconformance, the Controller is notified by the agency that the city or county is in conformance, the Controller shall allocate the apportionments withheld pursuant to this section to the city or county. (3) If the Controller is not notified by the agency that the city or county is in conformance pursuant to paragraph (2), the Controller shall allocate the apportionments withheld pursuant to this section to the agency. (c) The agency shall use funds apportioned under this section for projects of regional significance which are included in the capital improvement program required by paragraph (5) of subdivision (b) of Section 65089, or in a deficiency plan which has been adopted by the agency. The agency shall not use these funds for administration or planning purposes. (Added by renumbering Section 65089.4 by Stats. 1994, Ch. 1146, Sec. 6. Effective January 1, 1995.)
Section 65089.5.Verify source
§ 65089.6.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. )Amendment

A city or county’s failure to complete or implement a congestion management program does not, by itself, create a cause of action for failing to conform with the general plan, unless the program is incorporated into the circulation element of the general plan.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. ) ## 65089.6. Failure to complete or implement a congestion management program shall not give rise to a cause of action against a city or county for failing to conform with its general plan, unless the city or county incorporates the congestion management program into the circulation element of its general plan. (Added by renumbering Section 65089.5 by Stats. 1994, Ch. 1146, Sec. 8. Effective January 1, 1995.)
Section 65089.6.Verify source
§ 65089.7.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. )Amendment

A proposed development in a pre-July 10, 1989 development agreement is generally not subject to actions taken to comply with this chapter, except for certain trip reduction and travel demand element actions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. ) ## 65089.7. A proposed development specified in a development agreement entered into prior to July 10, 1989, shall not be subject to any action taken to comply with this chapter, except actions required to be taken with respect to the trip reduction and travel demand element of a congestion management program pursuant to paragraph (3) of subdivision (b) of Section 65089. (Added by renumbering Section 65089.6 by Stats. 1994, Ch. 1146, Sec. 9. Effective January 1, 1995.)
Section 65089.7.Verify source
§ 65089.9.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. )Amendment

A steering committee may designate at least two congestion management agencies for a demonstration study, the department must provide $50,000 for each demonstration project, and designated agencies must report the findings to the Legislature by June 30, 1997.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.6. Congestion Management [65088 - 65089.10] ( Chapter 2.6 added by Stats. 1989, Ch. 106, Sec. 9. ) ## 65089.9. The study steering committee established pursuant to Section 6 of Chapter 444 of the Statutes of 1992 may designate at least two congestion management agencies to participate in a demonstration study comparing multimodal performance standards to highway level of service standards. The department shall make available, from existing resources, fifty thousand dollars ($50,000) from the Transportation Planning and Development Account in the State Transportation Fund to fund each of the demonstration projects. The designated agencies shall submit a report to the Legislature not later than June 30, 1997, regarding the findings of each demonstration project. (Added by Stats. 1994, Ch. 1146, Sec. 11. Effective January 1, 1995.)
Section 65089.9.Verify source
§ 6509.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Provision

The power is limited by the restrictions that apply to how one of the contracting parties may exercise that power, and the agreement must designate that party.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6509. Such power is subject to the restrictions upon the manner of exercising the power of one of the contracting parties, which party shall be designated by the agreement. (Added by Stats. 1949, Ch. 84.)
Section 6509.Verify source
§ 6509.5.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Amendment

Certain joint-powers agencies may invest idle treasury money, and a designated nonprofit administrator must invest disbursement funds under the same rules as local agencies.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6509.5. Any separate agency or entity created pursuant to this chapter shall have the power to invest any money in the treasury pursuant to Section 6505.5 that is not required for the immediate necessities of the agency or entity, as the agency or entity determines is advisable, in the same manner and upon the same conditions as local agencies pursuant to Section 53601 of the Government Code. If a nonprofit corporation is designated by the agreement to administer or execute the agreement for the parties to the agreement, it shall invest any moneys held for disbursement on behalf of the parties in the same manner and upon the same conditions as local agencies pursuant to Section 53601. (Amended by Stats. 1977, Ch. 209.)
Section 6509.5.Verify source
§ 6509.6.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Provision

A joint powers authority may buy or receive assessment-contract interests from a local agency, and a local agency may sell, assign, pledge, or transfer those interests to the joint powers authority.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6509.6. Notwithstanding any other law, a joint powers authority created pursuant to this chapter may purchase or acquire, by sale, assignment, pledge, or other transfer from a local agency, and any local agency may sell, assign, pledge, or transfer to a joint powers authority any or all of that local agency’s right, title, and interest in and to an assessment contract authorized by Chapter 29 (commencing with Section 5898.10) of Part 3 of Division 7 of the Streets and Highways Code, including any related lien, right, subsidy, or other right and receivable, and the enforcement and collection thereof, pursuant to any terms and conditions agreed to between the joint powers authority and the local agency. (Added by Stats. 2010, Ch. 583, Sec. 2. (AB 1873) Effective January 1, 2011.)
Section 6509.6.Verify source
§ 6509.7.## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. )Amendment

Public agencies with treasury investment authority may agree to invest together; a joint powers authority may issue pool shares and set participation terms if it keeps a qualified investment adviser.

## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 7. MISCELLANEOUS [6000 - 7599.200] ( Division 7 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 5. Joint Exercise of Powers [6500 - 6599.3] ( Chapter 5 added by Stats. 1949, Ch. 84. ) ## ARTICLE 1. Joint Powers Agreements [6500 - 6539.9.1] ( Article 1 added by Stats. 1949, Ch. 84. ) ## 6509.7. (a) Notwithstanding any other provision of law, two or more public agencies that have the authority to invest funds in their treasuries may, by agreement, jointly exercise that common power. Funds invested pursuant to an agreement entered into under this section may be invested in securities and obligations as described by subdivision (p) of Section 53601. A joint powers authority formed pursuant to this section may issue shares of beneficial interest to participating public agencies. Each share shall represent an equal proportionate interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares of beneficial interest shall have retained an investment adviser that meets all of the following criteria: (1) The adviser is registered or exempt from registration with the Securities and Exchange Commission. (2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (o), inclusive, of Section 53601. (3) The adviser has assets under management in excess of five hundred million dollars ($500,000,000). (b) As used in this section, “public agency” includes a nonprofit corporation whose membership is confined to public agencies or public officials, in addition to those agencies listed in Section 6500. (c) A joint powers authority formed pursuant to this section is authorized to establish the terms and conditions pursuant to which agencies may participate and invest in pool shares. Consistent with its status as a public agency as provided under Section 6500, a federally recognized Indian tribe is eligible to participate in a joint powers authority formed under this section or otherwise invest in pool shares consistent with the terms and conditions established by the joint powers authority. (Amended by Stats. 2020, Ch. 235, Sec. 1. (SB 998) Effective January 1, 2021.)
Section 6509.7.Verify source
§ 65090.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.7. Public Hearings [65090 - 65096] ( Chapter 2.7 added by Stats. 1984, Ch. 1009, Sec. 2. )Amendment

If a public hearing notice must be given under this section, the local agency must publish or post it at least 10 days before the hearing and include the information required by Section 65094.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.7. Public Hearings [65090 - 65096] ( Chapter 2.7 added by Stats. 1984, Ch. 1009, Sec. 2. ) ## 65090. (a) When a provision of this title requires notice of a public hearing to be given pursuant to this section, notice shall be published pursuant to Section 6061 in at least one newspaper of general circulation within the jurisdiction of the local agency which is conducting the proceeding at least 10 days prior to the hearing, or if there is no such newspaper of general circulation, the notice shall be posted at least 10 days prior to the hearing in at least three public places within the jurisdiction of the local agency. (b) The notice shall include the information specified in Section 65094. (c) In addition to the notice required by this section, a local agency may give notice of the hearing in any other manner it deems necessary or desirable. (d) Whenever a local agency considers the adoption or amendment of policies or ordinances affecting drive-through facilities, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation. The Legislature finds that access restrictions to commercial establishments affecting the blind, aged, or disabled is a critical statewide problem; therefore, this subdivision shall be applicable to charter cities. (Amended by Stats. 2000, Ch. 785, Sec. 1. Effective January 1, 2001.)
Section 65090.Verify source
§ 65091.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.7. Public Hearings [65090 - 65096] ( Chapter 2.7 added by Stats. 1984, Ch. 1009, Sec. 2. )Amendment

When this section is used for required public-hearing notice, the local agency must give notice to specified people and agencies by the listed methods, usually at least 10 days before the hearing.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.7. Public Hearings [65090 - 65096] ( Chapter 2.7 added by Stats. 1984, Ch. 1009, Sec. 2. ) ## 65091. (a) When a provision of this title requires notice of a public hearing to be given pursuant to this section, notice shall be given in all of the following ways: (1) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the local agency may use records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll. Notice shall also be mailed to the owner’s duly authorized agent, if any, and to the project applicant. (2) When the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7) requires notice of a public hearing to be given pursuant to this section, notice shall also be given to any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to Section 883.230 of the Civil Code. (3) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected. (4) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the local agency may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or paragraph (1) is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days prior to the hearing. (5) If the notice is mailed or delivered pursuant to paragraph (4), the notice shall also either be: (A) Published pursuant to Section 6061 in at least one newspaper of general circulation within the local agency which is conducting the proceeding at least 10 days prior to the hearing. (B) Posted at least 10 days prior to the hearing in at least three public places within the boundaries of the local agency, including one public place in the area directly affected by the proceeding. (b) The notice shall include the information specified in Section 65094. (c) In addition to the notice required by this section, a local agency may give notice of the hearing in any other manner it deems necessary or desirable. (d) Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit. The Legislature finds that access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem; therefore, this subdivision shall be applicable to charter cities. (Amended by Stats. 2016, Ch. 366, Sec. 13. (SB 974) Effective January 1, 2017.)
Section 65091.Verify source
§ 65092.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.7. Public Hearings [65090 - 65096] ( Chapter 2.7 added by Stats. 1984, Ch. 1009, Sec. 2. )Amendment

If a public-hearing notice must be given under Sections 65090 or 65091, it must also be mailed or delivered at least 10 days before the hearing to anyone who made a written request for notice. The local agency may charge a cost-based fee and may require annual renewal of requests.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.7. Public Hearings [65090 - 65096] ( Chapter 2.7 added by Stats. 1984, Ch. 1009, Sec. 2. ) ## 65092. (a) When a provision of this title requires notice of a public hearing to be given pursuant to Section 65090 or 65091, the notice shall also be mailed or delivered at least 10 days prior to the hearing to any person who has filed a written request for notice with either the clerk of the governing body or with any other person designated by the governing body to receive these requests. The local agency may charge a fee which is reasonably related to the costs of providing this service and the local agency may require each request to be annually renewed. (b) As used in this chapter, “person” includes a California Native American tribe that is on the contact list maintained by the Native American Heritage Commission. (Amended by Stats. 2004, Ch. 905, Sec. 4. Effective January 1, 2005.)
Section 65092.Verify source
§ 65093.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.7. Public Hearings [65090 - 65096] ( Chapter 2.7 added by Stats. 1984, Ch. 1009, Sec. 2. )Amendment

A missed notice does not, by itself, justify a court invalidating a local agency’s actions.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.7. Public Hearings [65090 - 65096] ( Chapter 2.7 added by Stats. 1984, Ch. 1009, Sec. 2. ) ## 65093. The failure of any person or entity to receive notice given pursuant to this title, or pursuant to the procedures established by a chartered city, shall not constitute grounds for any court to invalidate the actions of a local agency for which the notice was given. (Added by Stats. 1984, Ch. 1009, Sec. 2.)
Section 65093.Verify source
§ 65094.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.7. Public Hearings [65090 - 65096] ( Chapter 2.7 added by Stats. 1984, Ch. 1009, Sec. 2. )Amendment

This section defines “notice of a public hearing.”

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.7. Public Hearings [65090 - 65096] ( Chapter 2.7 added by Stats. 1984, Ch. 1009, Sec. 2. ) ## 65094. As used in this title, “notice of a public hearing” means a notice that includes the date, time, and place of a public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing. (Added by Stats. 1984, Ch. 1009, Sec. 2.)
Section 65094.Verify source
§ 65095.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.7. Public Hearings [65090 - 65096] ( Chapter 2.7 added by Stats. 1984, Ch. 1009, Sec. 2. )Amendment

A public hearing under this title may be continued from time to time.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.7. Public Hearings [65090 - 65096] ( Chapter 2.7 added by Stats. 1984, Ch. 1009, Sec. 2. ) ## 65095. Any public hearing conducted under this title may be continued from time to time. (Added by Stats. 1984, Ch. 1009, Sec. 2.)
Section 65095.Verify source
§ 65096.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.7. Public Hearings [65090 - 65096] ( Chapter 2.7 added by Stats. 1984, Ch. 1009, Sec. 2. )Amendment

When someone applies for certain land-use approvals involving cemetery property, the city or county must give notice, and local agencies cannot require annual renewal of a notice request.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.7. Public Hearings [65090 - 65096] ( Chapter 2.7 added by Stats. 1984, Ch. 1009, Sec. 2. ) ## 65096. (a) Notwithstanding any other provision of law, whenever a person applies to a city, including a charter city, county, or city and county, for a zoning variance, special use permit, conditional use permit, zoning ordinance amendment, general or specific plan amendment, or any entitlement for use which would permit all or any part of a cemetery to be used for other than cemetery purposes, the city, county, or city and county shall give notice pursuant to Sections 65091, 65092, 65093, and 65094. (b) Those requesting notice shall be notified by the local agency at the address provided at the time of the request. (c) Notwithstanding Section 65092, a local agency shall not require a request made pursuant to this section to be annually renewed. (d) “Cemetery,” as used in this section, has the same meaning as that word is defined in Section 8100 of the Health and Safety Code. (Added by Stats. 1988, Ch. 1440, Sec. 1.)
Section 65096.Verify source
§ 65098.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.8. Warehouse Design and Build Standards [65098 - 65098.9] ( Chapter 2.8 added by Stats. 2024, Ch. 931, Sec. 1. )Amendment

This section defines warehouse-related terms and sets design and equipment requirements for logistics use developments and Tier 1 21st century warehouses.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.8. Warehouse Design and Build Standards [65098 - 65098.9] ( Chapter 2.8 added by Stats. 2024, Ch. 931, Sec. 1. ) ## 65098. As used in this chapter: (a) “21st century warehouse” means a logistics use development that meets all of the following: (1) Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the building permit is issued, including, but not limited to, the following requirements related to: (A) Photovoltaic system installation and associated battery storage. (B) Cool roofing. (C) Medium- and heavy-duty vehicle charging readiness. (D) Light-duty electric vehicle charging readiness and installed charging stations. (2) Has skylights in at least 1 percent of the roof area, or equivalent LED efficient lighting. (3) (A) Provides conduits and electrical hookups at all loading bays serving cold storage. (B) Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available. (4) Ensures that any heating, ventilation, and air-conditioning is high-efficiency. (5) (A) Ensures that all classes of forklifts used on site, pursuant to State Air Resources Board’s Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2030, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site. (B) (i) If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used. (ii) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph. (6) (A) Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site. (B) (i) If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used. (ii) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph. (C) Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use development shall preferentially contract for services utilizing zero-emission small off-road engines. (b) “Expansion” means the expansion of an existing logistics use development by 20 percent or more of the existing square footage. Office space shall not be included as part of the existing square footage or in the square footage for the 20-percent expansion threshold. (c) “Heavy-duty truck” means a class 7 or class 8 truck. As used in this subdivision: (1) “Class 7 truck” means a truck with a gross vehicle weight rating of 26,001 to 33,000 pounds. (2) “Class 8 truck” means a truck with a gross vehicle weight rating of greater than 33,000 pounds. (d) “Logistics use development” means a building that is primarily used as a warehouse for the movement or the storage of cargo, goods, or products that are moved to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products. “Logistics use development” does not include any of the following: (1) Facilities where food or household goods are sold directly to consumers and are accessible to the public. (2) A building primarily served by rail to move cargo goods or product. (3) (A) A Strategic Intermodal Facility. (B) For purposes of this subdivision, “Strategic Intermodal Facility” means a project that satisfies all of the following requirements: (i) Logistics facilities, including warehousing and transloading facilities, served by rail. (ii) Intermodal freight transport services. (iii) All facility structures and related rail operations are located within a single site footprint. (4) A building that serves a primary agricultural use that is actively operated for a single period of 90 consecutive days or less each year. (e) “Sensitive receptor” means one or more of the following: (1) A residence, including, but not limited to, a private home, apartment, condominium unit, group home, dormitory unit, or retirement home. (2) A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any of grades 1 to 12, inclusive. (3) A daycare facility, including, but not limited to, in-home daycare. (4) (A) Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children. (B) For purposes of subparagraph (A), the following types of park and recreation areas shall not be considered a sensitive receptor: (i) Parks and recreation areas included as a condition of approval for the logistics use development. (ii) Land that will be used to ensure the public’s right of access to the sea, or other public access, pursuant to the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code) or McAteer-Petris Act (Title 7.2 (commencing with Section 66600)). (iii) Land developed at or adjacent to an airport or seaport for the express purpose of creating a buffer area between sensitive receptors and an airport or seaport facility. (5) Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing. (6) Hospitals, as defined in Section 128700 of the Health and Safety Code. (f) “Small off-road engines” means spark-ignition engines rated at or below 19 kilowatts or 25 horsepower or less. (g) “Tier 1 21st century warehouse” means a logistics use development that meets all of the following: (1) Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the building permit is issued, including, but not limited to, the following requirements related to: (A) (i) Photovoltaic system installation and associated battery storage. (ii) For purposes of the photovoltaic system installation requirement in clause (i), all logistic use square footage should be considered conditioned space. (B) Cool roofing. (C) Medium- and heavy-duty vehicle charging readiness. (D) Light-duty electric vehicle charging readiness and installed charging stations. (2) Has skylights in at least one percent of the roof area, or equivalent LED efficient lighting. (3) Has a microgrid-ready switchgear system capable of supporting distributed energy resources. (4) Is advanced smart metering ready. (5) Has a minimum of 50 percent of all passenger vehicle parking spaces preinstalled with conduit and all necessary physical infrastructure to support future charging of electric vehicles. (6) Has a minimum of 10 percent of all passenger vehicle parking spaces installed with electric vehicle charging stations. (7) (A) Provides conduits and electrical hookups at all loading bays serving cold storage. (B) Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available. (8) Ensures that any heating, ventilation, and air-conditioning is high-efficiency. (9) (A) Ensures that all classes of forklifts used on site, pursuant to State Air Resources Board’s Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2028, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site. (B) (i) If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used. (ii) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph. (10) (A) Ensures that equipment used on site utilizing small off-road engines shall be zero-emission, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site. (B) (i) If not operationally feasible, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used. (ii) Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph. (C) Should any equipment used on site utilizing small off-road engines be contracted out, the logistics use development shall preferentially contract for services utilizing zero-emission small off-road engines. (h) “Warehouse concentration region” includes the unincorporated areas within the Counties of Riverside and San Bernardino and the Cities of Chino, Colton, Fontana, Jurupa Valley, Moreno Valley, Ontario, Perris, Rancho Cucamonga, Redlands, Rialto, Riverside, and San Bernardino. (i) “Logistics park” means a development consisting of multiple buildings containing logistics use developments. (Amended by Stats. 2025, Ch. 316, Sec. 1. (SB 415) Effective January 1, 2026.)
Section 65098.Verify source
§ 65098.1.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.8. Warehouse Design and Build Standards [65098 - 65098.9] ( Chapter 2.8 added by Stats. 2024, Ch. 931, Sec. 1. )Amendment

Certain new or expanded logistics developments must follow warehouse design, setback, access, screening, and some energy-related requirements.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.8. Warehouse Design and Build Standards [65098 - 65098.9] ( Chapter 2.8 added by Stats. 2024, Ch. 931, Sec. 1. ) ## 65098.1. (a) Commencing January 1, 2026, any proposed new or expanded logistics use development 250,000 square feet or more where the loading bay is within 900 feet of a sensitive receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved shall comply with all of the following: (1) Include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. (2) Orient truck loading bays on the side of the logistics use development that is away from the nearest sensitive receptor, to the extent feasible. (3) Locate truck loading bays a minimum of 300 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method. (4) Have a separate entrance to the logistics use development or logistics park for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial, agricultural, or industrial uses. A separate entrance for heavy-duty trucks may include a driveway with a lane dedicated to heavy-duty trucks and a lane dedicated for other vehicles. (5) Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the logistics use development that are directly adjacent to a sensitive receptor property line. (6) Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2. (b) Commencing January 1, 2026, except as provided for in subdivision (c), any proposed new or expanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, where the loading bay is within 900 feet of a sensitive receptor, shall comply with all of the following: (1) If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in subdivision (a) of Section 65098. (2) Orient truck loading bays on the side of the logistics use development that is away from the nearest sensitive receptor, to the extent feasible. (3) Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method. (4) Have a separate entrance to the logistics use development or logistics park for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial, agricultural, or industrial uses. A separate entrance for heavy-duty trucks may include a driveway with a lane dedicated to heavy-duty trucks and a lane dedicated to automobiles. (5) Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the logistics use development that are directly adjacent to a sensitive receptor property line. (6) Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2. (c) Commencing January 1, 2026, any proposed new or expanded logistics use development that is on land that is not zoned industrial, whether developed or undeveloped, or land that needs to be rezoned, and is located in the warehouse concentration region, shall comply with all of the following: (1) If the logistics use development is 250,000 square feet or more it shall include all Tier 1 21st century warehouse design elements described in subdivision (g) of Section 65098. If the logistics use development is less than 250,000 square feet it shall include all 21st century warehouse design elements described in subdivision (a) of Section 65098. (2) Orient truck loading bays on the side of the logistics use development that is away from the nearest sensitive receptor, to the extent feasible. (3) Locate truck loading bays a minimum of 500 feet from the property line of the nearest sensitive receptor to the nearest truck loading bay opening using a direct straight-line method. (4) Have a separate entrance to the logistics use development or logistics park for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial, agricultural, or industrial uses. A separate entrance for heavy-duty trucks may include a driveway with a lane dedicated to heavy-duty trucks and a lane dedicated to automobiles. (5) Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the logistics use development that are directly adjacent to a sensitive receptor property line. (6) Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2. (d) Commencing January 1, 2026, any proposed new or expanded logistics use development less than 250,000 square feet where the loading bay is within 900 feet of a sensitive receptor that is utilizing a site zoned for industrial use or any site where an application was submitted to the jurisdiction by September 30, 2024, to rezone as industrial and the rezone to industrial was ultimately approved shall comply with all of the following: (1) Orient truck loading bays on the side of the logistics use development that is away from the nearest sensitive receptor, to the extent feasible. (2) Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the logistics use development that are directly adjacent to a sensitive receptor property line. (3) Comply with buffering and screening to mitigate for light and noise, as described in Section 65098.2. (4) Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the building permit is issued, including, but not limited to, the following requirements related to: (A) Photovoltaic system installation and associated battery storage. (B) Cool roofing. (C) Medium- and heavy-duty vehicle charging readiness. (D) Light-duty electric vehicle charging readiness and installed charging stations. (5) (A) Provides conduits at loading bays equal to one truck per every loading bay serving cold storage. (B) Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available. (6) Ensures that any heating, ventilation, and air-conditioning is high-efficiency. (7) Have a separate entrance for heavy-duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial oriented uses. (e) For purposes of this section, “rezone” does not include land that meets both of the following requirements: (1) The land is annexed by a jurisdiction through a boundary change. (2) The zoning in the new jurisdiction is consistent with the zoning assigned by the original jurisdiction. (Amended by Stats. 2025, Ch. 316, Sec. 2. (SB 415) Effective January 1, 2026.)
Section 65098.1.Verify source
§ 65098.1.5.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.8. Warehouse Design and Build Standards [65098 - 65098.9] ( Chapter 2.8 added by Stats. 2024, Ch. 931, Sec. 1. )Amendment

This section exempts certain logistics use developments from specified Section 65098.1 distance and receptor requirements when timing and entitlement-process conditions are met.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.8. Warehouse Design and Build Standards [65098 - 65098.9] ( Chapter 2.8 added by Stats. 2024, Ch. 931, Sec. 1. ) ## 65098.1.5. (a) (1) Notwithstanding any other law, except as provided in Section 65098.1.6, any existing logistics use development in existence as of September 30, 2024, shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a new sensitive receptor is constructed, established, or permitted after the effective date of this chapter. (2) Notwithstanding any other law, except as provided in Section 65098.1.6, if by September 30, 2024, a proposed expansion of a logistics use development is in a local entitlement process, then the proposed expansion shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after the effective date of this chapter. (3) Notwithstanding any other law, except as provided in Section 65098.1.6, if by September 30, 2024, a property is currently in a local entitlement process to become a logistics use development, then the proposed logistics use development shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after the effective date of this chapter. (b) (1) Any proposed new logistics use developments that require the rezoning of land and must undergo a municipal entitlement process shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, if the start of the entitlement process for the logistics use development began before any sensitive receptor started its own entitlement or permitting process, unless the proposed sensitive receptor was an existing allowable use according to local zoning regulations. (2) During a logistics use development’s entitlement process for a new or expanded logistics use development, if a new sensitive receptor is proposed or established within the distances required by paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of Section 65098.1, as applicable, then those distance requirements shall not apply to the logistics use development so long as the logistics use development was not already subject to those requirements prior to the new sensitive receptor being proposed or established. (c) The protection afforded by this section shall remain in effect from the time of the initial application submission through the completion of the entitlement process, including any necessary rezoning actions and through the development period. If no construction activity occurs within five years of entitlement approvals, the protections shall be waived. (Amended by Stats. 2025, Ch. 316, Sec. 3. (SB 415) Effective January 1, 2026.)
Section 65098.1.5.Verify source
§ 65098.1.6.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.8. Warehouse Design and Build Standards [65098 - 65098.9] ( Chapter 2.8 added by Stats. 2024, Ch. 931, Sec. 1. )Amendment

This chapter does not apply to certain logistics use developments that were already in a local entitlement process before September 30, 2024, or that got local agency approval before the chapter became effective.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.8. Warehouse Design and Build Standards [65098 - 65098.9] ( Chapter 2.8 added by Stats. 2024, Ch. 931, Sec. 1. ) ## 65098.1.6. (a) Notwithstanding any other law, this chapter shall not apply to any logistics use development that was subject to a local entitlement process that began before September 30, 2024. (b) Notwithstanding any other law, this chapter shall not apply to a logistics use development that received an approval by a local agency before the date upon which this chapter became effective. (c) For purposes of this section, “approval” shall have the same meaning as is set forth in subdivision (a) of Section 15352 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations. (Added by Stats. 2025, Ch. 316, Sec. 4. (SB 415) Effective January 1, 2026.)
Section 65098.1.6.Verify source
§ 65098.2.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.8. Warehouse Design and Build Standards [65098 - 65098.9] ( Chapter 2.8 added by Stats. 2024, Ch. 931, Sec. 1. )Amendment

New logistics use developments near sensitive receptors must provide a buffer of the required width and include specified landscaping and screening features.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.8. Warehouse Design and Build Standards [65098 - 65098.9] ( Chapter 2.8 added by Stats. 2024, Ch. 931, Sec. 1. ) ## 65098.2. (a) Any new logistics use development within 900 feet of a sensitive receptor shall have a buffer as follows: (1) If the logistics use development is subject to the requirements of subdivision (a) or (d) of Section 65098.1, the buffer shall be 50 feet in width measured from the property line of all adjacent sensitive receptors that, in accordance with subdivisions (b) and (c), fully screen the logistics use development from the sensitive receptor. (2) If the logistics use development is subject to either subdivision (b) or subdivision (c) of Section 65098.1, the buffer shall be 100 feet in width measured from the property line of all adjacent sensitive receptors that, in accordance with subdivisions (b) and (c), fully screen the logistics use development from the sensitive receptor. (b) Buffer areas shall include a solid decorative wall, landscaped berm and wall, or landscaped berm 10 feet or more in height, drought tolerant natural ground landscaping with proper irrigation, and solid-screen buffering trees as described in subdivision (c) and may include other hardscape, access, and passenger vehicle parking improvements. (c) Trees shall be used as part of a solid-screen buffering treatment and planted in two rows along the length of the property line adjacent to the sensitive receptor. Trees used for this purpose shall be evergreen, drought tolerant, to the extent feasible, composed of species with low biogenic emissions, of a minimum 36-inch box size at planting, and spaced at no greater distance than 40 feet on center. Palm trees shall not be utilized. The buffer area may include any landscaped areas within a public right-of-way or public or private pedestrian walkways. (Amended by Stats. 2025, Ch. 316, Sec. 5. (SB 415) Effective January 1, 2026.)
Section 65098.2.Verify source
§ 65098.2.5.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.8. Warehouse Design and Build Standards [65098 - 65098.9] ( Chapter 2.8 added by Stats. 2024, Ch. 931, Sec. 1. )Amendment

New or expanded logistics use developments must place entry gates to the loading truck court after at least 50 feet of stacking depth inside the property line, and stacking depth must increase by 70 feet for every 20 loading bays over 50, if feasible.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.8. Warehouse Design and Build Standards [65098 - 65098.9] ( Chapter 2.8 added by Stats. 2024, Ch. 931, Sec. 1. ) ## 65098.2.5. The entry gates into the loading truck court for a new or expanded logistics use development shall be positioned after a minimum of 50 feet of total available stacking depth inside the property line. The stacking depth shall be increased by 70 feet for every 20 loading bays beyond 50 loading bays, to the extent feasible. (Amended by Stats. 2025, Ch. 316, Sec. 6. (SB 415) Effective January 1, 2026.)
Section 65098.2.5.Verify source
§ 65098.2.7.## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.8. Warehouse Design and Build Standards [65098 - 65098.9] ( Chapter 2.8 added by Stats. 2024, Ch. 931, Sec. 1. )Amendment

New logistics use developments must be sited on specified roadway types, unless a local waiver is approved.

## Government Code - GOV ## TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) ## DIVISION 1. PLANNING AND ZONING [65000 - 66345.4] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) ## CHAPTER 2.8. Warehouse Design and Build Standards [65098 - 65098.9] ( Chapter 2.8 added by Stats. 2024, Ch. 931, Sec. 1. ) ## 65098.2.7. (a) The purpose of this section is to ensure that logistics use developments, beginning January 1, 2026, are sited in locations that minimize adverse impacts on residential communities and enhance transportation efficiency. This is achieved by restricting logistics use development to roadways that are suited to handle the associated traffic and that predominantly serve commercial, agricultural, or industrial uses. (b) (1) Any new logistics use development shall be sited on roadways that meet the following classifications: (A) Arterial roads. (B) Collector roads. (C) Major thoroughfares. (D) Local roads that predominantly serve commercial, agricultural, or industrial uses. (2) For purposes of this chapter, local roads shall be considered to predominantly serve commercial, agricultural, or industrial uses if more than 50 percent of the properties fronting the road within 1,000 feet of the site’s truck entrances and exits are designated for commercial, agricultural, or industrial use according to the local zoning ordinance. (c) A waiver may be granted where siting on the designated roadways pursuant to subdivision (b) is impractical due to unique geographic, economic, or infrastructure-related reasons. The waiver shall be approved by the city, county, or city and county, provided that the applicant demonstrates all of the following: (1) There is no feasible alternative site that exists within the designated roadways. (2) A traffic analysis has been completed and submitted to the local approving authority. (3) The site is an existing industrial zone or an existing industrial or agricultural zone for an agricultural-related logistics use project. (4) The proposed site will incorporate mitigations to minimize traffic and environmental impacts on residential areas to the greatest extent feasible. (Amended by Stats. 2025, Ch. 316, Sec. 7. (SB 415) Effective January 1, 2026.)
Section 65098.2.7.Verify source

Legislative relationships

23 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

7 instruments

  • Administrative Procedure Act

    Section 65059.2.
  • California Environmental Quality Act

    Section 65089.
  • Chapter 1 (commencing with Section 29000) of Division 3 of Title 3 of the Government Code

    Section 65069.5.
  • Civil Code

    Sections 65008., 65091.
  • Conservation and Planning Act

    Section 65006.
  • Division 3 of the Streets and Highways Code

    Section 65075.
  • Division 7 of Title 1 of the Government Code

    Section 65061.4.

G–M

5 instruments

  • Governments of San Mateo County pursuant to Section 9250.5 of the Vehicle Code

    Section 65089.12.
  • Health and Safety Code

    Sections 65009., 65040.2., 65072.2., 65081., 65089.1., 65089.10., 65096.
  • Intergovernmental Cooperation Act

    Section 65040.11.
  • Los Angeles. (b) Notwithstanding Section 40717.9 of the Health and Safety Code

    Section 65080.9.
  • Management and Budget in accordance with the Intergovernmental Cooperation Act

    Section 65040.10.

N–S

7 instruments

  • National Energy Conservation Policy Act

    Section 65040.7.
  • Neighborhood Infill Finance and Transit Improvements Act

    Section 65040.15.
  • Part 3 of Division 7 of the Streets and Highways Code

    Section 6509.6.
  • Public Resources Code

    Sections 65036., 65040., 65042., 65080.01., 65080.6., 65088.1.
  • Public Utilities Code

    Sections 65080.2., 65080.5., 65088.5.
  • Section 15352 of Chapter 3 of Division 6 of Title 14 of the California Code

    Section 65098.1.6.
  • Streets and Highways Code

    Sections 65089.2., 65089.5.

T–Z

4 instruments

  • Title 23 of the United States Code

    Sections 65074., 65080., 65081.3.
  • Title 24 of the California Code

    Sections 65098., 65098.1.
  • Title 26 of the United States Code

    Sections 6508.1., 6508.2.
  • Water Code

    Section 65007.

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Statute information is organised from identified legislative sources for professional research. Corrections can be reported to hello@esheria.ai.