BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2971
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          ASSEMBLY THIRD READING
          AB 2971 (DeSaulnier)
          As Amended May 23, 2008
          Majority vote

           LOCAL GOVERNMENT    5-1         TRANSPORTATION      8-4         
           
           ----------------------------------------------------------------- 
          |Ayes:|Caballero, De La Torre,   |Ayes:|DeSaulnier, Carter,       |
          |     |Lieber, Saldana, Evans    |     |Furutani, Karnette, Nava, |
          |     |                          |     |Portantino, Ruskin,       |
          |     |                          |     |Solorio                   |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Houston                   |Nays:|Duvall, Garrick, Horton,  |
          |     |                          |     |Huff                      |
           ----------------------------------------------------------------- 

           APPROPRIATIONS      12-5                                        
           
           ----------------------------------------------------------------- 
          |Ayes:|Leno, Caballero, Davis,   |     |                          |
          |     |DeSaulnier, Eng, Huffman, |     |                          |
          |     |Berg, Krekorian, Lieu,    |     |                          |
          |     |Ma, Nava, Solorio         |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Walters, Emmerson, La     |     |                          |
          |     |Malfa, Nakanishi, Sharon  |     |                          |
          |     |Runner                    |     |                          |
           ----------------------------------------------------------------- 
           
          SUMMARY  :  Authorizes a local agency to require the payment of a  
          fee as a condition of issuing a building permit for purposes of  
          defraying the actual or estimated cost of constructing  
          transportation facilities, including pedestrian, bicycle,  
          transit and traffic-calming facilities and creates the Fair  
          Share for Safety program.  Specifically,  this bill  :

          1)Authorizes a local ordinance to require the payment of a fee  
            as a condition of approval of a final map or as a condition of  
            issuing a building permit for purposes of defraying the actual  
            or estimated costs of constructing other transportation  
            facilities, including pedestrian, bicycle, transit, and  
            traffic-calming facilities.








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          2)States that the ordinance may require the payment of the fees  
            if the ordinance refers to the circulation element of the  
            general plan to the provisions in that plan that identify the  
            pedestrian, bicycle, transit, and traffic-calming facilities  
            that are required to minimize the use of automobiles and  
            minimize the traffic impacts of new developments on existing  
            roads.

          3)States that the ordinance may require the payment of the fees  
            if the ordinance provides that the payment of fees shall not  
            be required unless the other transportation facilities are in  
            addition to, or a reconstruction of, any existing pedestrian  
            facilities, bicycle facilities, transit facilities, or  
            traffic-calming devices serving the area at the time of the  
            adoption of the boundaries of the area of benefit.

          4)Requires that fees collected pursuant to the ordinance for  
            pedestrian, bicycle, transit, and traffic-calming facilities  
            be deposited in a multimodal fund.

          5)States that a local agency imposing the fee may advance money  
            from its general fund or road fund to pay the cost of  
            constructing the improvements and may reimburse these funds  
            for any advances from the multimodal fund.

          6)States that a local agency imposing the fee may incur an  
            interest-bearing indebtedness for the construction of the  
            transportation facilities and the sole security for repayment  
            shall come from moneys in the multimodal fund.

          7)Establishes the Fair Share for Safety program.

          8)Requires the Department of Transportation (Caltrans) to  
            periodically conduct an annual analysis for fatality rates of  
            all modes of travel.

          9)Encourages Caltrans to apportion federal transportation safety  
            funds in a manner that is proportionate to the rate of  
            fatalities for each mode of travel.

          10)States that in apportioning funds pursuant to this measure,  
            Caltrans shall, to the extent possible, fund projects that  
            provide safety benefits to both bicycle and pedestrian travel.








                                                                  AB 2971
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           EXISTING LAW  :

          1)Provides that a local ordinance may require the payment of a  
            fee as a condition of approval of a final map or as a  
            condition of issuing a building permit for purposes of  
            defraying the actual or estimated cost of constructing bridges  
            over waterways, railways, freeways, and canyons, or  
            constructing major thoroughfares.

          2)States that the ordinance may require payment of the fees if  
            all of the following requirements are satisfied:

             a)   The ordinance refers to the circulation element of the  
               general plan and, in the case of bridges, to the  
               transportation or flood control provisions thereof which  
               identify railways, freeways, streams, or canyons for which  
               bridge crossings are required on the general plan or local  
               roads and in the case of major thoroughfares, to the  
               provisions of the circulation element which identify those  
               major thoroughfares whose primary purpose is to carry  
               through traffic and provide a network connecting to the  
               state highway system;

             b)   The ordinance provides that there will be a public  
               hearing held by the governing body for each area benefited;

             c)   The ordinance provides that at the public hearing, the  
               boundaries of the area of benefit, the costs, whether  
               actual or estimated, and a fair method of allocation of  
               costs to the area of benefit and fee apportionment are  
               established;

             d)   The ordinance provides that payment of fees shall not be  
               required unless the major thoroughfares are in addition to,  
               or a reconstruction of, any existing major thoroughfares  
               serving the area at the time of the adoption of the  
               boundaries of the area of benefit;

             e)   The ordinance provides that payment of fees shall not be  
               required unless the planned bridge facility is an original  
               bridge serving the area or an addition to any existing  
               bridge facility serving the area at the time of the  
               adoption of the boundaries of the area of benefit.  The  








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               fees shall not be expended to reimburse the cost of  
               existing bridge facility construction; and,

             f)   The ordinance provides that if, within the time when  
               protests may be filed under the provisions of the  
               ordinance, there is a written protest, filed with the clerk  
               of the legislative body, by the owners of more than  
               one-half of the area of the property to be benefited by the  
               improvement, and sufficient protests are not withdrawn so  
               as to reduce 
             the area represented to less than one-half of that to be  
               benefited, then the proposed proceedings shall be  
               abandoned, and the legislative body shall not, for one year  
               from the filing of that written protest, commence or carry  
               on any proceedings for the same improvement or acquisition.

          3)States that fees paid pursuant to an ordinance adopted shall  
            be deposited in a planned bridge facility or major  
            thoroughfare fund.

          4)Requires a fund to be established for each planned bridge  
            facility project or each planned major thoroughfare project.

          5)States that a local agency imposing the fees may advance money  
            from its general fund or road fund to pay the cost of  
            constructing the improvements and may reimburse the general  
            fund or road fund for any advances from planned bridge  
            facility or major thoroughfares funds established to finance  
            the construction of those improvements.

          6)States that a local agency imposing the fee may incur an  
            interest-bearing indebtedness for the construction of bridge  
            facilities or major thoroughfares and the sole security for  
            repayment shall come from moneys in planned bridge facility or  
            major thoroughfares funds.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee:

          1)Although Caltrans already collects some fatality data, the  
            analyses required by the bill would likely result in minor  
            additional costs.

          2)The allocation of $100 million in federal safety funds could  








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            be affected, to the extent that the bill results in Caltrans  
            giving greater priority to projects related to bicycle and  
            pedestrian safety.

          3)Potential fee-supported increases in local spending on  
            bicycle, transit, and traffic-calming facilities.

           COMMENTS  :  According to the sponsor, Contra Costa County  
          (County), the circulation element in its general plan provides  
          for a balanced transportation system that helps to reduce  
          cumulative traffic impacts, harmful air emissions and  
          single-occupant commuting, and encourages use of transit.  For  
          some time the County has wanted to update its transportation  
          fees for new development to fund off-site pedestrian, bicycle,  
          transit and traffic calming facilities.  However, existing law  
          authorizing local agencies to adopt ordinances to require the  
          payment of fees for transportation facilities is limited to  
          bridges and major thoroughfares.

          According to the author's office, the public's concern over  
          greenhouse gas emissions and the impact of auto-oriented  
          development on public health has spurred Contra Costa County's  
          efforts to secure additional funding for transportation  
          facilities that can help encourage more walking, bicycling and  
          transit use.  In addition, the County's successful efforts to  
          reduce sprawl through infill development has increased the need  
          for traffic calming devices to help minimize the traffic impacts  
          from new development on existing roads.  The author believes  
          that revising the Subdivision Map Act to allow fees for these  
          transportation facilities would support the County's public  
          policy goals, consistent with its general plan circulation  
          element.

          According to the author, "this bill seeks to address the  
          imbalance that exists between the number of pedestrian and  
          bicycle related fatalities and the funding available to address  
          these types of fatalities.  The funding directed by this bill  
          will not only improve bicycle and pedestrian safety, but also  
          assist in underwriting projects that reduce greenhouse gas  
          emission through an expanded state non-motorized transportation  
          network that will serve to increase the "walkability" and  
          "bikability" of communities throughout the state."

          Projects in the Strategic Highway Safety Implementation Plan  








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          (SHSIP) are supposed to be strategically prioritized - that is,  
          the SHSIP directs priority to funding projects that deliver the  
          greatest safety for the price.  Consequently, provisions in this  
          bill intended to direct safety funds proportional to the needs  
          may already be consistent with the existing SHSIP process.


           Analysis Prepared by  :    Katie Kolitsos / L. GOV. / (916)  
          319-3958


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