BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 133
                                                                  Page  1

          Date of Hearing:  January 13, 2010

                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
                             Anna Marie Caballero, Chair
                    AB 133 (Smyth) - As Amended:  January 4, 2010
           
          SUBJECT  :  Subdivisions: major thoroughfares.

           SUMMARY  :  Expands the use for which a fee charged by Los Angeles  
          County (LA County) 
          in the unincorporated areas as a condition of final map approval  
          or building permit issuance to defray the cost of constructing  
          bridges or major thoroughfares to include additional costs.   
          Specifically,  this bill  :

          1)Expands the use for which a fee charged by LA County in the  
            unincorporated areas as a condition of final map approval or  
            building permit issuance to defray the cost of constructing  
            bridges or major thoroughfares to include additional costs.

          2)Defines the term "construction," for bridge or major  
            thoroughfares built with the fees charged under this section  
            for the unincorporated areas of LA County, to include 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  
            therefore.

          3)States that the term "construction," for bridge or major  
            thoroughfares built with the fees charged under this section  
            for the unincorporated areas of LA County, also includes  
            reasonable administrative expenses as defined.

          4)States that for the purposes of LA County only, the term  
            "construction" shall only include design, acquisition of  
            rights-of-way, administration of construction contracts, and  
            actual construction if the area of benefit includes both a  
            city or a portion thereof and adjacent portions of  
            unincorporated area, and if all of the bridge and major  
            thoroughfare project improvements lie within the boundaries of  
            the city.

           EXISTING LAW  :









                                                                  AB 133
                                                                  Page  2

          1)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 the purposes of defraying the  
            actual or estimated cost of constructing bridges or major  
            thoroughfares if specific conditions are met.

          2)Provides that 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 area.

          3)Defines "construction" to include design, acquisition of  
            rights-of-way, administration of construction contracts, and  
            actual construction.

          4)Defines the term "construction," for bridge or major  
            thoroughfares built with the fees charged under this section  
            for the unincorporated areas of San Diego and Orange Counties,  
            to include 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 therefore.

          5)States that the term "construction," for bridge or major  
            thoroughfares built with the fees charged under this section  
            for the unincorporated areas of San Diego and Orange Counties,  
            also includes reasonable administrative expenses as defined. 

           FISCAL EFFECT  :  None

           COMMENTS  :

          1)Exiting law limits the use of Bridge & Major Thoroughfare  
            (B&T) District fees to construction purposes.  The term  
            construction is defined to include design, acquisition of  
            right-of-way, administration of construction, and actual  
            construction.  The term for unincorporated San Diego and  
            Orange Counties also includes all direct and indirect  
            environmental, engineering, accounting, legal, administration  
            of construction contracts, and other services necessary  
            therefore.

          2)According to the sponsor, Los Angeles County, since this  
            expanded list of construction terms does not apply to LA  








                                                                  AB 133
                                                                  Page  3

            County, the general administrative accounting and legal costs  
            for 
          LA County's six B&T Districts must be financed by its Road  
            Fund's Master Plan of Highways Program.  LA County reports  
            that recent state budget issues have resulted in delays and/or  
            cuts in revenue sources that are directed to its Road Fund.   
            This has limited 
          LA County's ability to effectively manage its six B&T Districts.  
             AB 133 would allow a single fund for multiple projects in a  
            benefit area.

           REGISTERED SUPPORT / OPPOSITION  :

           Support
           
          Los Angeles County [SPONSOR]

           Opposition
           
          None on file
           
          Analysis Prepared by  :    Katie Kolitsos / L. GOV. / (916)  
          319-3958