Bill Text: CA AB453 | 2013-2014 | Regular Session | Amended
Bill Title: Sustainable communities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2013-08-30 - In committee: Held under submission. [AB453 Detail]
Download: California-2013-AB453-Amended.html
BILL NUMBER: AB 453 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 3, 2013
INTRODUCED BY Assembly Member Mullin
FEBRUARY 19, 2013
An act to amend Section 56668 of the Government Code, and to
amend Section 75128 of the Public Resources Code, relating to
sustainable communities.
LEGISLATIVE COUNSEL'S DIGEST
AB 453, as amended, Mullin. Sustainable communities.
The
(1) The Safe Drinking Water,
Water Quality and Supply, Flood Control, River and Coastal Protection
Bond Act of 2006, an initiative measure approved by the voters at
the November 7, 2006, statewide general election, makes about
$5,400,000,000 in bond funds available for safe drinking water, water
quality and supply, flood control, natural resource protection, and
park improvements. Existing law establishes the Strategic Growth
Council and appropriated $500,000 from the funding provided by the
initiative to the Natural Resources Agency to support the council and
its activities. The council is required to manage and award grants
and loans to a council of governments, metropolitan planning
organization, regional transportation planning agency, city, county,
or joint powers authority for the purpose of developing, adopting,
and implementing a regional plan or other planning instrument to
support the planning and development of sustainable communities.
This bill would make a local agency formation commission eligible
for the award of financial assistance for those planning purposes.
(2) Existing law, the Cortese-Knox-Hertzberg Act, specifies the
factors that a local agency formation commission is required to
consider in the review of a proposal for a change of organization or
reorganization, including a regional transportation plan, as
specified, and its consistency with city or county general and
specific plans.
This bill would additionally require the regional transportation
plan factor to include the effect development in the area is likely
to have on meeting the region's greenhouse gas emissions reduction
targets established by the State Air Resources Board in adopted and
future plans.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 56668 of the
Government Code is amended to read:
56668. Factors to be considered in the review of a proposal shall
include, but not be limited to, all of the following:
(a) Population and population density; land area and land use; per
capita assessed valuation; topography, natural boundaries, and
drainage basins; proximity to other populated areas; the likelihood
of significant growth in the area, and in adjacent incorporated and
unincorporated areas, during the next 10 years.
(b) The need for organized community services; the present cost
and adequacy of governmental services and controls in the area;
probable future needs for those services and controls; probable
effect of the proposed incorporation, formation, annexation, or
exclusion and of alternative courses of action on the cost and
adequacy of services and controls in the area and adjacent areas.
"Services," as used in this subdivision, refers to governmental
services whether or not the services are services which would be
provided by local agencies subject to this division, and includes the
public facilities necessary to provide those services.
(c) The effect of the proposed action and of alternative actions,
on adjacent areas, on mutual social and economic interests, and on
the local governmental structure of the county.
(d) The conformity of both the proposal and its anticipated
effects with both the adopted commission policies on providing
planned, orderly, efficient patterns of urban development, and the
policies and priorities in Section 56377.
(e) The effect of the proposal on maintaining the physical and
economic integrity of agricultural lands, as defined by Section
56016.
(f) The definiteness and certainty of the boundaries of the
territory, the nonconformance of proposed boundaries with lines of
assessment or ownership, the creation of islands or corridors of
unincorporated territory, and other similar matters affecting the
proposed boundaries.
(g) A regional transportation plan adopted pursuant to Section
65080, including the effect development in the area is likely to
have on meeting the region's greenhouse gas emissions reduction
targets established by the State Air Resources Board in adopted and
future plans, and its consistency with city or county general
and specific plans.
(h) The sphere of influence of any local agency which may be
applicable to the proposal being reviewed.
(i) The comments of any affected local agency or other public
agency.
(j) The ability of the newly formed or receiving entity to provide
the services which are the subject of the application to the area,
including the sufficiency of revenues for those services following
the proposed boundary change.
(k) Timely availability of water supplies adequate for projected
needs as specified in Section 65352.5.
( l ) The extent to which the proposal will affect a
city or cities and the county in achieving their respective fair
shares of the regional housing needs as determined by the appropriate
council of governments consistent with Article 10.6 (commencing with
Section 65580) of Chapter 3 of Division 1 of Title 7.
(m) Any information or comments from the landowner or owners,
voters, or residents of the affected territory.
(n) Any information relating to existing land use designations.
(o) The extent to which the proposal will promote environmental
justice. As used in this subdivision, "environmental justice" means
the fair treatment of people of all races, cultures, and incomes with
respect to the location of public facilities and the provision of
public services.
SECTION 1. SEC. 2. Section 75128 of
the Public Resources Code is amended to read:
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, local agency
formation commission, 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) 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.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.
