BILL NUMBER: SB 821 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 23, 2007
AMENDED IN SENATE APRIL 11, 2007
INTRODUCED BY Senator Kuehl
FEBRUARY 23, 2007
An act to amend Section 66473.7 of, and to add Section
65852.10 to, the Government Code, relating to land use.
An act relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 821, as amended, Kuehl. Land use: water supplies : report
.
(1) Under existing law, the Subdivision Map Act prohibits approval
of a tentative map, or a parcel map for which a tentative map was
not required, or a development agreement for a subdivision of
property of more than 500 dwelling units, except as specified,
including the design of the subdivision or the type of improvement,
unless the legislative body of a city or county or the designated
advisory agency provides written verification from the applicable
public water system that a sufficient water supply is available or,
in addition, a specified finding is made by the local agency that
sufficient water supplies are, or will be, available prior to
completion of the project. Under these provisions, "subdivision"
means a proposed residential development of more than 500 dwelling
units, except as specified.
This bill would reduce the number of dwelling units to
250 or more. By this reduction, the bill would increase the duties of
local planning officials and, thereby, impose a state-mandated local
program require the California Research Bureau, on or
before July 1, 2008, to prepare and provide to the Legislature a
report covering the 2004, 2005, and 2006 calendar years that includes
certain information relating to adequate water supplies for proposed
residential developments .
This bill would also establish these same sufficient water supply
requirements as a condition in any entitlement for a project, as
defined.
(2) 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: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) On or before July 1, 2008, the
California Research Bureau shall prepare and provide to the
Legislature a report covering the 2004, 2005, and 2006 calendar years
that does all of the following:
(1) Determines the number of subdivisions affected by Section
66473.7 of the Government Code.
(2) Determines the number of dwelling units affected by Section
66473.7 of the Government Code.
(3) Estimates the annual amount of water, in acre feet, consumed
by the dwelling units affected by Section 66473.7 of the Government
Code.
(4) Determines the number of subdivisions that would have been
affected by Section 66473.7 of the Government Code if the definition
of "subdivision" in paragraph (1) of subdivision (a) of that section
had referenced 250 dwelling units instead of 500 dwelling units.
(5) Determines the number of dwelling units that would have been
affected by Section 66473.7 of the Government Code if the definition
of "subdivision" in paragraph (1) of subdivision (a) of that section
had referenced 250 dwelling units instead of 500 dwelling units.
(6) Estimates the annual amount of water, in acre feet, consumed
by the dwelling units that would have been affected by Section
66473.7 of the Government Code if the definition of "subdivision" in
paragraph (1) of subdivision (a) of that section had referenced 250
dwelling units instead of 500 dwelling units.
(7) Estimates the number of projects, other than proposed
residential developments of more than 500 dwelling units, affected by
Section 10910 of the Water Code.
(8) Estimates the annual amount of water, in acre feet, consumed
by the projects, other than proposed residential developments of more
than 500 dwelling units, affected by Section 10910 of the Water
Code.
(9) Presents options for legislative consideration of any
statutory changes that the California Research Bureau believes to be
necessary or useful to Section 66473.7 of the Government Code, Part
2.10 (commencing with Section 10910) of Division 6 of the Water Code,
or any other provision of law relating to water supply planning or
land use planning and development.
(b) In preparing the report required pursuant to subdivision (a),
the California Research Bureau shall consult with the State
Clearinghouse in the Governor's Office of Planning and Research. The
California Research Bureau may consult with any other federal, state,
regional, or local agency, and with any organization, institute, or
association with expertise in water supply planning or use planning
and development. All matter omitted in this version of the bill
appears in the bill as introduced|amended in Senate, April 11, 2007
(JR11)