BILL NUMBER: AB 133	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Smyth

                        JANUARY 20, 2009

   An act to amend Section 66484 of the Government Code, relating to
subdivisions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 133, as introduced, Smyth. Subdivisions: major thoroughfares.
   The Subdivision Map Act authorizes a local agency 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 cost of constructing bridges or major
thoroughfares if specified conditions are met. The fees collected are
deposited in a planned bridge or major thoroughfare fund. If the
benefit area of a bridge fund is one in which more than one bridge is
required to be constructed, a fund may be established that covers
all of the bridge projects in that benefit area. For the
unincorporated area of San Diego County only, "construction" is
defined to include design, acquisition of rights-of-way, actual
construction, and reasonable administrative expenses, as specified.
   This bill would authorize a local agency to establish a fund for a
benefit area that covers all of the bridge and major thoroughfare
projects in that benefit area when that benefit area is one in which
more than one bridge or major thoroughfare is required to be
constructed. The definition of "construction" would be expanded to
include the unincorporated area of Los Angeles County for purposes of
design, acquisition of rights-of-way, actual construction, and
reasonable administrative expenses, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 66484 of the Government Code is amended to
read:
   66484.  (a) 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. The ordinance may
require payment of fees pursuant to this section if all of the
following requirements are satisfied:
   (1) 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   that 
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   that  identify those major
thoroughfares whose primary purpose is to carry through traffic and
provide a network connecting to the state highway system, if the
circulation element, transportation or flood control provisions have
been adopted by the local agency 30 days prior to the filing of a map
or application for a building permit.
   (2) The ordinance provides that there will be a public hearing
held by the governing body for each area benefited. Notice shall be
given pursuant to Section 65091 and shall include preliminary
information related to the boundaries of the area of benefit,
estimated cost, and the method of fee apportionment. The area of
benefit may include land or improvements in addition to the land or
improvements  which   that  are the subject
of any map or building permit application considered at the
proceedings.
   (3) 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. The method of fee
apportionment, in the case of major thoroughfares, shall not provide
for higher fees on land  which   that 
abuts the proposed improvement except where the abutting property is
provided direct usable access to the major thoroughfare. A
description of the boundaries of the area of benefit, the costs,
whether actual or estimated, and the method of fee apportionment
established at the hearing shall be incorporated in a resolution of
the governing body, a certified copy of which shall be recorded by
the governing body conducting the hearing with the recorder of the
county in which the area of benefit is located. The apportioned fees
shall be applicable to all property within the area of benefit and
shall be payable as a condition of approval of a final map or as a
condition of issuing a building permit for the property or portions
of the property. Where the area of benefit includes lands not subject
to the payment of fees pursuant to this section, the governing
agency shall make provision for payment of the share of improvement
costs apportioned to those lands from other sources.
   (4) 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.

   (5) 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 fees shall not be expended to reimburse the
cost of existing bridge facility construction.
   (6) 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 under the provisions of this
section.
   (b) Any protest may be withdrawn by the owner protesting, in
writing, at any time prior to the conclusion of a public hearing held
pursuant to the ordinance.
   (c) If any majority protest is directed against only a portion of
the improvement  ,  then all further proceedings under the
provisions of this section to construct that portion of the
improvement so protested against shall be barred for a period of one
year, but the legislative body may commence new proceedings not
including any part of the improvement or acquisition so protested
against. Nothing in this section prohibits a legislative body, within
that one-year period, from commencing and carrying on new
proceedings for the construction of a portion of the improvement so
protested against if it finds, by the affirmative vote of four-fifths
of its members, that the owners of more than one-half of the area of
the property to be benefited are in favor of going forward with that
portion of the improvement or acquisition.
   (d) Nothing in this section precludes the processing and
recordation of maps in accordance with other provisions of this
division if the proceedings are abandoned.
   (e) Fees paid pursuant to an ordinance adopted pursuant to this
section shall be deposited in a planned bridge facility or major
thoroughfare fund. A fund shall be established for each planned
bridge facility project or each planned major thoroughfare project.
If the benefit area is one in which more than one bridge  or
major thoroughfare  is required to be constructed, a fund may be
so established covering all of the bridge  and major
thoroughfare  projects in the benefit area. Money in the fund
shall be expended solely for the construction or reimbursement for
construction of the improvement  or improvements  serving
the area to be benefited and from which the fees comprising the fund
were collected, or to reimburse the local agency for the cost of
constructing the improvement  or improvements  .
   (f) An ordinance adopted pursuant to this section may provide for
the acceptance of considerations in lieu of the payment of fees.
   (g) A local agency imposing fees pursuant to this section 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.
   (h) A local agency imposing fees pursuant to this section may
incur an interest-bearing indebtedness for the construction of bridge
facilities or major thoroughfares. However, the sole security for
repayment of that indebtedness shall be moneys in planned bridge
facility or major thoroughfares funds.
   (i) The term "construction" as used in this section includes
design, acquisition of right-of-way, administration of construction
contracts, and actual construction.
   (j) The term "construction," as used in this section, with respect
to the unincorporated  area   areas  of
San Diego County  and Los Angeles County  only, includes
design, acquisition of rights-of-way, and actual construction,
including, but not limited to, all direct and indirect environmental,
engineering, accounting, legal, administration of construction
contracts, and other services necessary therefor. The term
"construction," with respect to the unincorporated  area
  areas  of San Diego County  and Los Angeles
County  only, also includes reasonable administrative expenses,
not exceeding three hundred thousand dollars ($300,000) in any
calendar year after January 1, 1986, as adjusted annually for any
increase or decrease in the Consumer Price Index of the Bureau of
Labor Statistics of the United States Department of Labor for all
Urban Consumers, San Diego, California (1967 = 100)  , and Los
Angeles-Long Beach-Anaheim, California (1967 = 100), respectively
 , as published by the United States Department of Commerce for
the purpose of constructing bridges and major thoroughfares.
"Administrative expenses" means those office, personnel, and other
customary and normal expenses associated with the direct management
and administration of the agency, but not including costs of
construction.
   (k) Nothing in this section precludes a county or city from
providing funds for the construction of bridge facilities or major
thoroughfares to defray costs not allocated to the area of benefit.