Chapter 13Strategic Growth Council and Climate Change Reduction

Section § 75120

Explanation

This law section defines terms for a specific chapter. The "Council" refers to the Strategic Growth Council, set up according to another section. A "regional plan" can be a long-term transportation plan that follows U.S. and state requirements, or a "regional blueprint plan." The latter is a comprehensive plan aimed at creating a more efficient land use pattern that improves mobility and reduces single-vehicle use. It should provide housing for diverse income levels, protect farmland and natural resources, reduce greenhouse gas emissions, and conserve water and energy. The plan also aims to boost the economy and create sustainable, healthy communities.

For purposes of this chapter, the following definitions shall apply:
(a)CA Public Resources Code § 75120(a) “Council” means the Strategic Growth Council established pursuant to Section 75121.
(b)CA Public Resources Code § 75120(b) “Regional plan” means either of the following:
(1)CA Public Resources Code § 75120(b)(1) A long-range transportation plan developed pursuant to Section 134(g) of Title 23 of the United States Code and any applicable state requirements.
(2)CA Public Resources Code § 75120(b)(2) A regional blueprint plan, which is a regional plan that implements statutory requirements intended to foster comprehensive planning as defined in Section 65041.1 of, Chapter 2.5 (commencing with Section 65080) of Division 1 of Title 7 of, and Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of, the Government Code. A regional blueprint plan articulates regional consensus and performance outcomes on a more efficient land use pattern that supports improved mobility and reduces dependency on single-occupancy vehicle trips; accommodates an adequate supply of housing for all income levels; reduces impacts on valuable farmland, natural resources, and air quality, including the reduction of greenhouse gas emissions, increases water and energy conservation and efficiency; and promotes a prosperous economy and safe, healthy, sustainable, and vibrant neighborhoods.
Strategic Growth Council regional plan long-range transportation plan regional blueprint plan comprehensive planning land use mobility improvement single-occupancy vehicle reduction housing supply greenhouse gas emissions water conservation energy efficiency prosperous economy sustainable neighborhoods natural resources protection
(Added by Stats. 2008, Ch. 729, Sec. 4. Effective January 1, 2008. Note: Pursuant to Stats. 2008, Ch. 729, Sec. 5, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)

Section § 75121

Explanation

This section establishes the Strategic Growth Council within the California state government, detailing its composition. The council includes directors and secretaries from various state departments and agencies, alongside three public members with expertise in areas like land use planning or community development. These public members are appointed by the Assembly Speaker, Senate Committee on Rules, and the Governor. Staff supporting the council should represent the council’s diverse membership.

(a)CA Public Resources Code § 75121(a) The Strategic Growth Council is hereby established in state government and it shall consist of the Director of State Planning and Research, the Secretary of the Natural Resources Agency, the Secretary for Environmental Protection, the Secretary of Transportation, the Secretary of California Health and Human Services, the Secretary of Business, Consumer Services, and Housing, the Secretary of Food and Agriculture, one member of the public appointed by the Speaker of the Assembly, one member of the public appointed by the Senate Committee on Rules, and one member of the public to be appointed by the Governor. The public members shall have a background in land use planning, local government, resource protection and management, or community development or revitalization and shall serve at the pleasure of the appointing authority.
(b)CA Public Resources Code § 75121(b) Staff for the council shall be reflective of the council’s membership.
Strategic Growth Council state government land use planning community development resource protection membership composition public members Governor appointment Assembly Speaker appointment Senate Rules Committee department directors Secretaries of state agencies local government environmental protection transportation secretary
(Amended by Stats. 2014, Ch. 36, Sec. 20. (SB 862) Effective June 20, 2014. Note: This section was added by Stats. 2008, Ch. 729. Pursuant to Sec. 5 of Ch. 729, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)

Section § 75122

Explanation

This law requires the members of the council to choose a new chairperson every two years.

The members of the council shall elect a chair of the council every two years.
council chair election chairperson selection biennial election leadership selection council governance election process two-year term council leadership organizational structure chair role council members committee leadership chair duties leadership succession governing body rules
(Added by Stats. 2008, Ch. 729, Sec. 4. Effective January 1, 2008. Note: Pursuant to Stats. 2008, Ch. 729, Sec. 5, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)

Section § 75123

Explanation

This law section states that council meetings, including those about grant guidelines and approvals, must follow the Bagley-Keene Open Meeting Act, which generally requires transparency and public access. However, exceptions apply when council members meet as the Governor’s cabinet or when staff discusses coordination on state priorities without making final decisions. The council can also hold public events to gather opinions on development and climate strategies.

(a)CA Public Resources Code § 75123(a) A meeting of the council, including a meeting related to the development of grant guidelines and policies and the approval of grants, shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), except that, for purposes of this section, “meeting” shall not include a meeting at which:
(1)CA Public Resources Code § 75123(a)(1) Council members are meeting as members of the Governor’s cabinet.
(2)CA Public Resources Code § 75123(a)(2) Council staff and member agency staff are meeting to discuss, but not take final action on, any of the following:
(A)CA Public Resources Code § 75123(a)(2)(A) State agency coordination to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, revitalize urban and community centers in a sustainable manner, and other priorities specified in subdivision (a) of Section 75125.
(B)CA Public Resources Code § 75123(a)(2)(B) Preliminary policy recommendations and investment strategies to the Governor, the Legislature, and appropriate state agencies to encourage the development of sustainable communities, as set forth in subdivision (b) of Section 75125.
(C)CA Public Resources Code § 75123(a)(2)(C) Developing grant guidelines, such as those specified in Section 75125, that are otherwise subject to public participation process requirements.
(b)CA Public Resources Code § 75123(b) The council may sponsor conferences, symposia, and other public forums, to seek a broad range of public advice regarding local, regional, and natural resource planning, sustainable development, and strategies to reduce and mitigate climate change.
Bagley-Keene Open Meeting Act council meetings grant approvals Governor's cabinet state agency coordination air quality improvement water quality improvement natural resource protection affordable housing sustainable communities public participation process local and regional planning climate change strategies public forums preliminary policy recommendations
(Amended by Stats. 2015, Ch. 606, Sec. 3. (SB 246) Effective January 1, 2016. Note: This section was added by Stats. 2008, Ch. 729. Pursuant to Sec. 5 of Ch. 729, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)

Section § 75124

Explanation

This law section states that $500,000 is designated to the Resources Agency. This money is meant to support the council and its activities as outlined in this chapter. The funds come from specific allocations mentioned in another section.

Of the funds made available pursuant to subdivisions (a) and (c) of Section 75065, the sum of five hundred thousand dollars ($500,000) is hereby appropriated to the Resources Agency to be used in support of the council and its activities in accordance with this chapter.
funding allocation Resources Agency council support financial appropriation subdivision (a) subdivision (c) Section 75065 allocated funds support activities chapter requirements council activities financial support specific allocation agency funding public resources funding
(Added by Stats. 2008, Ch. 729, Sec. 4. Effective January 1, 2008. Note: Pursuant to Stats. 2008, Ch. 729, Sec. 5, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)

Section § 75125

Explanation

The council has several responsibilities to promote sustainable communities. It reviews activities and funding from state agencies to improve environmental quality and housing and transportation availability. It also recommends policies and investments to support equitable and healthy communities. The council provides data to local governments and manages grants and loans for sustainable projects. These funds help in planning sustainable communities through various financial and technical support mechanisms. Also, the council reports annually to the Legislature on financial assistance applications and project management.

The council shall do all of the following:
(a)CA Public Resources Code § 75125(a) Identify and review activities and funding programs of state agencies that may be coordinated to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, meet the goals of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and the strategies and priorities developed in the state’s climate adaptation strategy known as the Safeguarding California Plan adopted pursuant to Section 71152, encourage sustainable land use planning, and revitalize urban and community centers in a sustainable manner. At a minimum, the council shall review and comment on the five-year infrastructure plan developed pursuant to Article 2 (commencing with Section 13100) of Chapter 2 of Part 3 of Division 3 of Title 2 of the Government Code and the State Environmental Goals and Policy Report developed pursuant to Section 65041 of the Government Code.
(b)CA Public Resources Code § 75125(b) Recommend policies and investment strategies and priorities to the Governor, the Legislature, and to appropriate state agencies to encourage the development of sustainable communities, such as those communities that promote equity, strengthen the economy, protect the environment, and promote public health and safety, consistent with subdivisions (a) and (c) of Section 75065.
(c)CA Public Resources Code § 75125(c) Provide, fund, and distribute data and information to local governments and regional agencies that will assist in developing and planning sustainable communities.
(d)CA Public Resources Code § 75125(d) Manage and award grants and loans to support the planning and development of sustainable communities, pursuant to Sections 75127, 75128, and 75129. To implement this subdivision, the council may do all of the following:
(1)CA Public Resources Code § 75125(d)(1) Develop guidelines for awarding financial assistance, including criteria for eligibility and additional consideration.
(2)CA Public Resources Code § 75125(d)(2) Develop criteria for determining the amount of financial assistance to be awarded. The council shall award a revolving loan to an applicant for a planning project, unless the council determines that the applicant lacks the fiscal capacity to carry out the project without a grant. The council may establish criteria that would allow the applicant to illustrate an ongoing commitment of financial resources to ensure the completion of the proposed plan or project.
(3)CA Public Resources Code § 75125(d)(3) Provide for payments of interest on loans made pursuant to this article. The rate of interest shall not exceed the rate earned by the Pooled Money Investment Board.
(4)CA Public Resources Code § 75125(d)(4) Provide for the time period for repaying a loan made pursuant to this article.
(5)CA Public Resources Code § 75125(d)(5) Provide for the recovery of funds from an applicant that fails to complete the project for which financial assistance was awarded. The council shall direct the Controller to recover funds by any available means.
(6)CA Public Resources Code § 75125(d)(6) Provide technical assistance for application preparation.
(7)CA Public Resources Code § 75125(d)(7) Designate a state agency or department to administer technical and financial assistance programs for the disbursing of grants and loans to support the planning and development of sustainable communities, pursuant to Sections 75127, 75128, and 75129.
(e)CA Public Resources Code § 75125(e) Provide an annual report to the Legislature that shall include, but need not be limited to, all of the following:
(1)CA Public Resources Code § 75125(e)(1) A list of applicants for financial assistance.
(2)CA Public Resources Code § 75125(e)(2) Identification of which applications were approved.
(3)CA Public Resources Code § 75125(e)(3) The amounts awarded for each approved application.
(4)CA Public Resources Code § 75125(e)(4) The remaining balance of available funds.
(5)CA Public Resources Code § 75125(e)(5) A report on the proposed or ongoing management of each funded project.
(6)CA Public Resources Code § 75125(e)(6) Any additional minimum requirements and priorities for a project or plan proposed in a grant or loan application developed and adopted by the council pursuant to subdivision (c) of Section 75126.
sustainable communities air quality improvement water quality improvement natural resource protection affordable housing transportation improvement California Global Warming Solutions Act Safeguarding California Plan sustainable land use urban revitalization infrastructure plan review policy recommendations financial assistance guidelines grant and loan management technical assistance
(Amended by Stats. 2015, Ch. 603, Sec. 3. (AB 1482) Effective January 1, 2016. Note: This section was added by Stats. 2008, Ch. 729. Pursuant to Sec. 5 of Ch. 729, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)

Section § 75126

Explanation

This section mandates that any applicant seeking financial help must declare their plan to stick to a detailed budget and schedule. This helps the council track the project’s progress over time. Furthermore, any funded project must align with state planning policies and aim to permanently reduce greenhouse gas emissions, as per the California Global Warming Solutions Act. The council can also add further requirements focused on things like improving air quality.

(a)CA Public Resources Code § 75126(a) An applicant shall declare, in the application submitted to the council for financial assistance for a plan or project pursuant to this chapter, the applicant’s intention to follow a detailed budget and schedule for the completion of the plan or project. The budget and schedule shall be of sufficient detail to allow the council to assess the progress of the applicant at regular intervals.
(b)CA Public Resources Code § 75126(b) A project or plan funded pursuant to this chapter shall meet both of the following criteria:
(1)CA Public Resources Code § 75126(b)(1) Be consistent with the state’s planning policies pursuant to Section 65041.1 of the Government Code.
(2)CA Public Resources Code § 75126(b)(2) Reduce, on as permanent a basis that is feasible, greenhouse gas emissions consistent with the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), and any applicable regional plan.
(c)CA Public Resources Code § 75126(c) The council may develop additional minimum requirements and priorities for a project or plan proposed in a grant and loan application, including those related to improving air quality.
financial assistance budget and schedule progress assessment state planning policies greenhouse gas emissions California Global Warming Solutions Act air quality improvement grant and loan application project consistency permanent emission reduction regional plan compliance
(Added by Stats. 2008, Ch. 729, Sec. 4. Effective January 1, 2008. Note: Pursuant to Stats. 2008, Ch. 729, Sec. 5, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)

Section § 75127

Explanation

This law allows a council to give financial help to cities or counties to create or update plans that promote sustainable communities. These plans should aim to lower greenhouse gas emissions, save water, cut down car use, support compact development, and protect resources and farmlands. Funding can cover updating a full plan, a part of it, or new plans and policies that align with regional goals.

The law outlines that these plans can include comprehensive updates or new elements like zoning laws or specific community plans to ensure they meet regional planning standards.

(a)CA Public Resources Code § 75127(a) To support the planning and development of sustainable communities, the council shall manage and award financial assistance to a city or county for preparing, adopting, and implementing a general plan or general plan element that is designed to reduce greenhouse gas emissions, promote water conservation, reduce automobile use and fuel consumption, encourage greater infill and compact development, protect natural resources and agricultural lands, and revitalize urban and community centers.
(b)CA Public Resources Code § 75127(b) For the purposes of this section, the preparation and adoption of a general plan may include a comprehensive update of a general plan, amendment or adoption of an individual element of a general plan, or any other revision consistent with the intent of Section 75065.
(c)CA Public Resources Code § 75127(c) For the purposes of this section, the implementation of a general plan may include amendment or adoption of a specific plan, community plan, zoning ordinance, or any other plan, ordinance, or policy that is consistent with the intent of Section 75065.
(d)CA Public Resources Code § 75127(d) The funding provided pursuant to this section for the preparation, adoption, and implementation of a general plan may also include funding any activity necessary to conform a general plan to a regional plan.
sustainable communities financial assistance greenhouse gas reduction water conservation automobile use reduction infill development compact development natural resources protection agricultural land protection urban revitalization community center revitalization general plan update zoning ordinance regional plan conformity specific plan adoption
(Added by Stats. 2008, Ch. 729, Sec. 4. Effective January 1, 2008. Note: Pursuant to Stats. 2008, Ch. 729, Sec. 5, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)

Section § 75128

Explanation

This law allows a council to provide financial help to various government bodies to create or update regional plans that promote better air and water quality, protect natural resources, provide more affordable housing, and improve transportation. These plans should be in line with California's efforts to tackle global warming and promote sustainable land use. The funds for this assistance come from specific financial sources. When awarding this financial aid, preference is given to plans that lack federal funding.

(a)CA Public Resources Code § 75128(a) To support the planning and development of sustainable communities, the council shall manage and award financial assistance to a council of governments, metropolitan planning organization, regional transportation planning agency, city, county, or joint powers authority, to develop, adopt or implement a regional plan or other planning instrument consistent with a regional plan that improves air and water quality, improves natural resource protection, increases the availability of affordable housing, improves transportation, meets the goals of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), and encourages sustainable land use. The financial assistance provided pursuant to this section shall be funded from moneys made available pursuant to subdivision (c) of Section 75065.
(b)CA Public Resources Code § 75128(b) In awarding financial assistance pursuant to this section, the council shall give first priority to an application seeking funding to add or enhance elements of a regional plan that are not funded with federal moneys.
sustainable communities financial assistance council of governments regional planning air quality improvement water quality improvement natural resource protection affordable housing transportation improvement California Global Warming Solutions Act sustainable land use non-federal funding priority regional plan enhancement joint powers authority metropolitan planning organization
(Added by Stats. 2008, Ch. 729, Sec. 4. Effective January 1, 2008. Note: Pursuant to Stats. 2008, Ch. 729, Sec. 5, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)

Section § 75129

Explanation

This law section is about providing financial help to cities, counties, and other eligible entities in California for projects that create sustainable urban environments. Such projects should deliver multiple benefits, like reducing pollution and conserving resources. They should also increase local water reliability and enhance climate change adaptation. Money can't be used for legally required mitigation actions.

Projects must meet certain criteria like using natural systems or expanding green spaces. Examples of benefits include adding tree canopies, creating parks, and greening public lands. The council prefers projects with interagency cooperation, use of public lands, or those aiding disadvantaged communities. Up to 25% of funds can support creating urban greening plans that align with local or regional plans.

(a)CA Public Resources Code § 75129(a) To support the planning and development of sustainable communities, the council shall manage and award financial assistance to a city, county, special district, nonprofit organization, or entity formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of the Government Code, if at least one of the parties to the joint powers agreement qualifies as an eligible applicant, for the preparation, planning, and implementation of an urban greening project that provides multiple benefits, including, but not limited to, a decrease in air and water pollution, a reduction in the consumption of natural resources and energy, an increase in the reliability of local water supplies, or an increased adaptability to climate change. An eligible project funded pursuant to this section shall not include a mitigation action that is required under existing law. The financial assistance provided pursuant to this section shall be funded from moneys made available pursuant to subdivision (a) of Section 75065.
(b)CA Public Resources Code § 75129(b) The council shall develop minimum requirements for funding eligible projects pursuant to this section, which shall require a project to meet at least one of the following criteria:
(1)CA Public Resources Code § 75129(b)(1) Use natural systems, or systems that mimic natural systems, to achieve the benefits identified in subdivision (a).
(2)CA Public Resources Code § 75129(b)(2) Create, enhance, or expand community green spaces.
(c)CA Public Resources Code § 75129(c) The multiple benefits of a project, may include, but are not limited to, the establishment or enhancement of one or more of the following:
(1)CA Public Resources Code § 75129(c)(1) Tree canopy.
(2)CA Public Resources Code § 75129(c)(2) Urban forestry.
(3)CA Public Resources Code § 75129(c)(3) Local parks and open space.
(4)CA Public Resources Code § 75129(c)(4) Greening of existing public lands and structures, including schools.
(5)CA Public Resources Code § 75129(c)(5) Multi-objective stormwater projects, including construction of permeable surfaces and collection basins and barriers.
(6)CA Public Resources Code § 75129(c)(6) Urban streams, including restoration.
(7)CA Public Resources Code § 75129(c)(7) Community, demonstration, or outdoor education gardens and orchards.
(8)CA Public Resources Code § 75129(c)(8) Urban heat island mitigation and energy conservation efforts through landscaping and green roof projects.
(9)CA Public Resources Code § 75129(c)(9) Nonmotorized urban trails that provide safe routes for both recreation and travel between residences, workplaces, commercial centers, and schools.
(d)CA Public Resources Code § 75129(d) The council shall give additional consideration to a funding project pursuant to this section that meets one or more of the following criteria:
(1)CA Public Resources Code § 75129(d)(1) The project uses interagency cooperation and integration.
(2)CA Public Resources Code § 75129(d)(2) The project uses existing public lands and facilitates use of public resources and investments including schools.
(3)CA Public Resources Code § 75129(d)(3) The project is proposed by an economically disadvantaged community.
(e)CA Public Resources Code § 75129(e) Up to 25 percent of the moneys allocated pursuant to subdivision (a) of Section 75065 may be used to award revolving loans or grants to a city, county, special district, nonprofit organization, council of governments, metropolitan planning organization, or entity formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of the Government Code, if at least one of the parties to the joint powers agreement qualifies as an eligible applicant, for the purpose of creating urban greening plans that will serve as the master document guiding and coordinating greening projects in the applicant’s jurisdiction. These urban greening plans shall be consistent with the jurisdiction’s general plan or regional plan, where one exists.
sustainable communities financial assistance urban greening projects air and water pollution reduction natural resource conservation climate change adaptability tree canopy urban forestry local parks public land greening stormwater projects urban streams education gardens urban heat island mitigation nonmotorized urban trails
(Amended by Stats. 2010, Ch. 632, Sec. 1. (SB 1006) Effective January 1, 2011. Note: This section was added by Stats. 2008, Ch. 729. Pursuant to Sec. 5 of Ch. 729, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)

Section § 75129.5

Explanation

This law allows the council to pay public members of the California Agricultural Land Equity Task Force a daily allowance for attending official meetings. This can be funded through existing or private money and the payment rate is either set by existing law or can be adjusted by the task force itself.

Additionally, the task force must post a required report on the council's website.

(a)CA Public Resources Code § 75129.5(a) Notwithstanding any other law, the council may, using existing or private funds, provide public members of the California Agricultural Land Equity Task Force, established pursuant to Provision 8 of Item 0650-001-0001 of the Budget Act of 2022 (Chapters 43, 45, and 249 of the Statutes of 2022), a reasonable per diem allowance as specified in Section 11564.5 of the Government Code, or at a higher rate that may be established by the task force, for each day’s attendance at a noticed meeting of the task force.
(b)CA Public Resources Code § 75129.5(b) The report required pursuant to Provision 8 of Item 0650-001-0001 of the Budget Act of 2022 (Chapters 43, 45, and 249 of the Statutes of 2022) shall be posted on the council’s internet website.
California Agricultural Land Equity Task Force per diem allowance public members task force meetings council funding private funds Budget Act of 2022 Provision 8 report posting council's website meeting attendance payments Government Code Section 11564.5 stakeholder compensation task force report Chapter 43 45 249
(Added by Stats. 2024, Ch. 917, Sec. 5. (SB 1448) Effective September 28, 2024.)

Section § 75130

Explanation

This law states that the council cannot interfere with or make decisions about local government's authority to approve or deny land use permits.

This chapter does not authorize the council to take an action with regard to the exercise of a local government’s land use permitting authority.
local government authority land use permits council restrictions government land use authority permitting process local zoning land use decisions regulatory authority municipal control land development permits
(Added by Stats. 2008, Ch. 729, Sec. 4. Effective January 1, 2008. Note: Pursuant to Stats. 2008, Ch. 729, Sec. 5, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)