Article 4 - Powers and Duties

California Government Code — §§ 65040-65040.17

Sections (8)

Amended by Stats. 2022, Ch. 48, Sec. 53. (SB 189) Effective June 30, 2022.

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. 1980, Ch. 212.

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.

Added by renumbering Section 12035 by Stats. 1996, Ch. 872, Sec. 40. Effective January 1, 1997.

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 12036 by Stats. 1996, Ch. 872, Sec. 41. Effective January 1, 1997.

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.

Amended by Stats. 2019, Ch. 360, Sec. 3. (AB 1628) Effective January 1, 2020.

(a)The office shall be the coordinating agency in state government for environmental justice programs.
(b)The director shall do all of the following:
(1)Consult with all of the following:
(A)The Secretary for Environmental Protection.
(B)The Secretary of the Natural Resources Agency.
(C)The Secretary of Transportation.
(D)The Secretary of Business, Consumer Services, and Housing.
(E)The Working Group on Environmental Justice established

pursuant to Section 71113 of the Public Resources Code.

(F)Any other appropriate state agencies and all other interested members of the public and private sectors in this state.
(2)Coordinate the office’s efforts and share information regarding environmental justice

programs with the Council on Environmental Quality, the United States Environmental Protection Agency, the General Accounting Office, the Office of Management and Budget, and other federal agencies.

(3)Review and evaluate any information from federal agencies that is obtained as a result of their respective regulatory activities under federal Executive Order 12898, and from the Working Group on Environmental Justice established pursuant to Section 71113 of the Public Resources Code.
(c)When it adopts its next edition of the general plan guidelines pursuant to Section 65040.2, but in no case later than July 1, 2003, the office shall include guidelines for addressing environmental justice matters in city and county general plans. The office shall hold at least one public hearing before

the release of any draft guidelines, and at least one public hearing after the release of the draft guidelines. The hearings may be held at the regular meetings of the Planning Advisory and Assistance Council.

(d)The guidelines developed by the office pursuant to subdivision (c) shall recommend provisions for general plans to do all of the following:
(1)Propose methods for planning for the equitable distribution of new public facilities and services that increase and enhance community quality of life throughout the community, given the fiscal and legal constraints that restrict the siting of these facilities.
(2)Propose methods for providing for the location, if any, of industrial facilities and uses that, even with the

best available technology, will contain or produce material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant hazard to human health and safety, in a manner that seeks to avoid overconcentrating these uses in proximity to schools or residential dwellings.

(3)Propose methods for providing for the location of new schools and residential dwellings in a manner that seeks to avoid locating these uses in proximity to industrial facilities and uses that will contain or produce material that because of its quantity, concentration, or physical or chemical characteristics, poses a significant hazard to human health and safety.
(4)Propose methods for promoting more livable communities by expanding opportunities for transit-oriented

development so that residents minimize traffic and pollution impacts from traveling for purposes of work, shopping, schools, and recreation.

(e)(1) For purposes of this section, “environmental justice” means the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins, with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.
(2)“Environmental justice” includes, but is not limited to, all of the following:
(A)The availability of a healthy environment for all people.
(B)The deterrence, reduction, and elimination of pollution burdens for populations and communities experiencing the adverse effects of that pollution, so that the effects of the pollution are not disproportionately borne by those populations and communities.
(C)Governmental entities engaging and providing technical assistance to populations and communities most impacted by pollution to promote their meaningful participation in all phases of the environmental and land use decisionmaking process.
(D)At a minimum, the meaningful consideration of recommendations from populations and communities most impacted by pollution into environmental and land use decisions.

Added by Stats. 2012, Ch. 395, Sec. 1. (AB 342) Effective January 1, 2013.

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. 2018, Ch. 559, Sec. 3. (SB 961) Effective January 1, 2019.

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. 2019, Ch. 560, Sec. 1. (AB 1666) Effective October 8, 2019.

(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.