BILL ANALYSIS                                                                                                                                                                                                    



                                        
                       SENATE LOCAL GOVERNMENT COMMITTEE
                            Senator Dave Cox, Chair


          BILL NO:  AB 2509                     HEARING:  6/9/10
          AUTHOR:  Hayashi                      FISCAL:  No
          VERSION:  4/8/10                      CONSULTANT:  Detwiler
          
                          TRANSIT VILLAGE DEVELOPMENT

                           Background and Existing Law  

          Public officials have invested billions of dollars in  
          transit projects and programs.  However, this public  
          investment won't pay off if local officials fail to promote  
          private development around transit stations.

          The Transit Village Development Act allows cities and  
          counties to plan for more intense development around  
          transit stations: rail or light-rail stations, ferry  
          terminals, bus hubs, or bus transfer stations.  Transit  
          village plans identify areas where local officials want to  
          encourage transit-oriented development and grant density  
          bonuses (AB 3152, Bates, 1994).  A transit village plan for  
          a transit village development district must address seven  
          characteristics:
                 A neighborhood centered on a transit station.
                 A mix of housing types.
                 Other land uses, including retail and civic uses.
                 Pedestrian and bicycle access.
                 Intermodal transit service.
                 Public benefits beyond increasing transit use,  
               identifying at least five benefits from a statutory  
               list of 13 items (AB 1320, Dutra, 2004):  
                 Traffic congestion relief          Infill and  
                 resource preservation
                 Air quality improvements Pedestrian safety
                 Increased transit revenuesNearby retail sales
                 More affordable housing  Job opportunities
                 Neighborhood redevelopmentCost-effective  
                 infrastructure
                 Live-work options             Increased local tax  
                 revenues
                                             Reduced energy  
                                        consumption 
                 Sites for awarding a land use density bonus.






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                                   Proposed Law  

          Assembly Bill 2509 adds, as an eighth characteristic that  
          cities and counties must include in their transit village  
          plans, other land uses that provide direct linkages for  
          traveling to and from educational facilities.

           B 2509 also adds economic development and job creation as  
          the 14th item in the list of public benefits that a transit  
          village plan may demonstrate.
                                     Comments  

          1.   Common sense  .  By concentrating a mix of housing,  
          businesses, and community services around transit stations,  
          transit villages provide convenient access to the places  
          that residents and visitors need to go.  Current law  
          already lists retail and civic land uses among the types of  
          other land uses that a transit village plan must include.   
          There's no reason why these plans should be silent about  
          providing access to schools, community colleges, and  
          universities.  AB 2509 reflects this common sense approach  
          to community development by adding access to educational  
          facilities to transit village plans' required contents.

          2.   Nice, but not necessary  .  Local officials already know  
          the importance of linking schools to transit villages.   
          That's why Lancaster officials provided a location for a  
          school when they adopted the North Downtown Transit Village  
          Plan.  West Sacramento worked with the Los Rios Community  
          College District to locate a satellite facility next to the  
          bus transit hub as part of the civic center campus  
          development.  Just because the statute doesn't mention a  
          land use doesn't exclude it from transit village planning.   
          For example, Oakland's Fruitvale Transit Village includes a  
          community health clinic even though state law doesn't  
          require transit village plans to show health facilities.   
          In other words, adding access to schools in the transit  
          village planning law is nice, but not necessary.

          3.   Almost identical  .  AB 2509 is almost identical to AB  
          1158 (Hayashi, 2009) which the Senate Local Government  
          Committee passed, but the Governor vetoed.  The veto  
          message called last year's bill "unnecessary" and said that  
          "not all local governments have a need to include  
          educational facilities in a transit village plan."  This  
          year's Hayashi bill differs from AB 1158 by including  





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          economic development and job creation as one of transit  
          village planning's benefits.  The Committee may wish to  
          consider whether that additional language will persuade the  
          Governor to sign AB 2509.

          4.   Double-jointing needed  .  On June 9, the Committee will  
          also consider AB 987 (Ma).  Both AB 2509 and AB 987 amend  
          Government Code 65460.2, but in different ways.  To avoid  
          one bill chaptering-out the changes made by the other bill,  
          the authors should include double-jointing amendments.


                                 Assembly Actions  

          Assembly Local Government Committee:   6-3
          Assembly Floor:                    49-27



































          AB 2509 -- 4/8/10 -- Page 4




                         Support and Opposition (6/3/10)

           Support  :  California Transit Association, Chabot-Las  
          Positas Community College District, Santa Clara Valley  
          Transportation Authority, State Building and Construction  
          Trades Council of California.

           Opposition  :  Unknown.