Gov. Gray Davis completed the 2001-02 legislative session by signing several bills backed by affordable housing advocates, a coastal access bill opposed by some of his friends, and a bill that takes a modest step toward more coordinated state planning. Unlike past years, the governor vetoed no high-profile land use bills. But he did reject three bills that would have added requirements to general plans, and he vetoed a last-minute bill aimed at protecting American Indian sites from development. Davis's actions brought to a close a legislative session that produced few major pieces of land use legislation other than large bonds, two of which (housing and schools) are on the November ballot. Lawmakers again favored bonds at the end of the session, when they approved a $9.9 billion bond to fund the first phase of a proposed high-speed rail system. Davis — who mocked high-speed rail as "Buck Rogers technology" in 1999 — signed the bill (SB 1856, Costa) and voters will decide on the bond in March 2004. As during his first three years in office, Davis was difficult to predict once bills hit his desk — partly because administration officials were reluctant to take a public position on a bill that they were not sponsoring. The two biggest surprises this year might have been Davis's signing of SB 1962 (Polanco) and AB 857 (Wiggins). The Polanco bill requires the State Coastal Conservancy to accept outstanding offers to dedicate coastal access easements across private land within 90 days of the offer's expiration if no local government or nonprofit organization has accepted the easement. A number of wealthy coastal landowners, including some large Democratic donors, lobbied Davis to veto the measure. However, the bill took on social overtones as it made its way through the process, making a veto more politically challenging. After the governor signed the bill, his office issued a press release noting the measure will "provide equal access to the coast for all the people of California, including low income and minority communities." The Wiggins bill requires state agencies to adopt consistent planning and capital spending priorities based on three criteria: promotion of infill development, protection of agricultural and environmental resources, and encouragement of efficient development patterns. Development and real estate interests opposed AB 857, but they reportedly did not press hard for a veto. Davis recognized the opposition in his signing message: "To allay concerns about the bill's balanced implementation, I am directing OPR [the Office of Planning and Research] to implement the bill's three planning priorities and their effect on the infrastructure plan in a fair and equitable manner and to do so within existing resources. I ask that OPR, with the assistance of all state agencies, prepare the 2003 Environmental Goals and Policy Report and to examine conflicts, which may exist between and within state agencies and their policies and programs." The Polanco and Wiggins bills were two of the biggest priories of the Sierra Club, said Bill Allayaud, who heads the organization's Sacramento lobbying effort. Urban growth, congestion and pollution are issues of concern not just for environmentalists, Allayaud said, pointing to the importance of AB 857. "Everyone is wondering if the state is going to do something when the local governments can't, or refuse, to do something about it," he said. The governor, however, vetoed another one of the Sierra Club's high-priority bills, SB 1828 (Burton). The bill would have expanded the definition of "sacred" American Indian sites, required additional consultation with Indian tribes if a development would impact a sacred site, and set a higher bar for allowing such development. Senate President Pro Tem John Burton watered down the bill at the end of the session. But opponents remained dissatisfied, and they complained that the bill gave Indians too much power over development proposals and that tribes with casinos would use the measure to thwart competitors. In his veto message, Davis listed a host of objections: the list of sacred sites by the Native American Heritage Commission is no good; the location of sites could be kept secret from landowners until late in the planning process; and Indians would gain undue influence over the environmental review process. Still, Davis said he would direct the Resources Agency secretary and the director of the Office of Planning and Research to work with SB 1828 proponents on a new bill to protect sacred sites next year. The Burton bill began as a way to block Glamis Gold Ltd. from developing an open pit mine on federal land in Imperial County that the Quechan tribe considers sacred (see CP&DR Environment Watch, May 2002). Language intended to block the Glamis mine got put into SB 483 (Sher), which Davis signed. However, it was unclear whether SB 483 would be effective without SB 1828. Also failing to pass muster were three bills dealing with general plans. The rejected bills were AB 3057 (Matthews), which would have recast the open space element as the "agricultural and open space element" and required general plans to promote long-term viability of agriculture; AB 2954 (Simitian), which would have required updated land use elements to address the distribution of child-care facilities; and AB 2175 (Daucher), which would have directed OPR to include "human service matters" in general plan guidelines. In his veto messages, Davis cited cost of the three bills at a time when the state has a large deficit. Both the agriculture and the childcare bills would have imposed state mandates on local governments that the state was obligated to pay for, the governor said. The OPR guidelines revisions called for by AB 2175 would have cost an unbudgeted $100,000, the governor said. Davis signed two housing bills that most planners and local governments vehemently opposed as pre-emptions of local authority (see CP&DR, October 2002). AB 1866 (Wright) forces cities and counties to grant nearly any request for an affordable housing density bonus and makes permits for second units a ministerial items. AB 2292 (Dutra) ensures no net loss of zoned housing density that a local government relies on for housing element certification. The governor signed both bills without comment. He also signed a bill that attempts to at least partially resolve the issue of construction defect litigation, which some people blame for depressing the condominium construction market (see CP&DR, August 2002). The bill (SB 800, Burton) sets some standards for construction, gives builders the right to correct alleged deficiencies before a consumer sues, and still gives consumers the right to sue if problems remain. The California Building Industry Association backed all of the housing bills and hailed the governor's signature on SB 800 as "a historic day." The association went so far as to name Burton one of its lawmakers of the year. On the transportation front, Davis signed a bill that allows the Orange County Transportation Authority to purchase 10 miles of toll lanes on Highway 91, one of the state's most congested freeways. Earlier this year, OCTA officials announced they had reached a tentative agreement with the toll lanes' owner, California Private Transportation Co., to buy the roadway for $207 million. The purchase would end the private company's ability to block improvements to the freeway, which provides a vital link between Inland Empire houses and job sites in Orange and Los Angeles counties. The governor also signed SB 1703, a measure that consolidates San Diego regional transportation planning and transit project delivery in the hands of the San Diego Association of Governments (see CP&DR, July 2002). Under the law, the North County Transit District and the Metropolitan Transit Development Board will continue to operate transit systems, but the agencies will no longer be responsible for planning. The measure does not set up a new, elected planning board, a concept backed by the San Diego County Board of Supervisors. "This new law will help cut red tape, save taxpayers money, and improve the efficiency of transportation planning in San Diego," Gov. Davis promised. Davis vetoed a bill (SB 1799 Poochigian) that would have doubled Central Valley representation from one to two members on the High-Speed Rail Authority. The rail line is proposed to run, in part, from Bakersfield to Sacramento. Davis said he did not want additional constraints on his appointment choices. The veto angered Central Valley leaders, many of whom are Republicans.