BILL NUMBER: AB 1321	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Eng

                        FEBRUARY 27, 2009

   An act to amend Section 75125 of the Public Resources Code,
relating to the environment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1321, as introduced, Eng. Environment: Strategic Growth
Council.
   The Safe Drinking Water, Water Quality and Supply, Flood Control,
River and Coastal Protection Bond Act of 2006, an initiative statute
approved by the voters at the November 7, 2006, statewide general
election makes about $5.4 billion 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
appropriates $500,000 from the funding provided by the initiative to
the Natural Resources Agency to support the council and its
activities. Existing law requires the council to take certain actions
with regard to coordinating programs of member state agencies to
improve air and water quality, improve natural resource protection,
increase the availability of affordable housing, improve
transportation, meet the goals of the California Global Warming
Solutions Act of 2006, encourage sustainable land use planning, and
revitalize urban and community centers in a sustainable manner.
   This bill would also require the council to develop strategies
that would allow for streamlined and effective mitigation of
infrastructure projects.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 75125 of the Public Resources Code is amended
to read:
   75125.  The council shall do all of the following:
   (a) Identify and review activities and funding programs of member
state agencies that may be coordinated to improve air and water
quality, improve natural resource protection, increase the
availability of affordable housing, improve transportation, meet the
goals of the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code), encourage sustainable land use planning,  develop
strategies that would allow for streamlined and effective mitigation
of infrastructure projects,  and revitalize urban and community
centers in a sustainable manner. At a minimum, the council shall
review and comment on the five-year infrastructure plan developed
pursuant to Article 2 (commencing with Section 13100) of Chapter 2 of
Part 3 of Division 3 of the Government Code and the State
Environmental Goals and Policy Report developed pursuant to Section
65041 of the Government Code.
   (b) Recommend policies and investment strategies and priorities to
the Governor, the Legislature, and to appropriate state agencies to
encourage the development of sustainable communities, such as those
communities that promote equity, strengthen the economy, protect the
environment, and promote public health and safety, and is consistent
with subdivisions (a) and (c) of Section 75065.
   (c) Provide, fund, and distribute data and information to local
governments and regional agencies that will assist in developing and
planning sustainable communities.
   (d) Manage and award grants and loans to support the planning and
development of sustainable communities, pursuant to Sections 75127,
75128, and 75129. To implement this subdivision, the council may do
all of the following:
   (1) Develop guidelines for awarding financial assistance,
including criteria for eligibility and additional consideration.
   (2) Develop criteria for determining the amount of financial
assistance to be awarded. The council shall award a revolving loan to
an applicant for a planning project, unless the council determines
that the applicant lacks the fiscal capacity to carry out the project
without a grant. The council may establish criteria that would allow
the applicant to illustrate an ongoing commitment of financial
resources to ensure the completion of the proposed plan or project.
   (3) Provide for payments of interest on loans made pursuant to
this article. The rate of interest shall not exceed the rate earned
by the Pooled Money Investment Board.
   (4) Provide for the time period for repaying a loan made pursuant
to this article.
   (5) Provide for the recovery of funds from an applicant that fails
to complete the project for which financial assistance was awarded.
The council shall direct the State Controller to recover funds by any
available means.
   (6) Provide technical assistance for application preparation.
   (7) Designate a state agency or department to administer technical
and financial assistance programs for the disbursing of grants and
loans to support the planning and development of sustainable
communities, pursuant to Sections 75127, 75128, and 75129.
   (e) No later than July 1, 2010, and every year thereafter, provide
a report to the Legislature that shall include, but is not limited
to, all of the following:
   (1) A list of applicants for financial assistance.
   (2) Identification of which applications were approved.
   (3) The amounts awarded for each approved application.
   (4) The remaining balance of available funds.
   (5) A report on the proposed or ongoing management of each funded
project.
   (6) Any additional minimum requirements and priorities for a
project or plan proposed in a grant or loan application developed and
adopted by the council pursuant to subdivision (c) of Section 75216.