BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 147| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 147 Author: Dickinson (D) Amended: 5/31/11 in Senate Vote: 21 SENATE GOVERNANCE & FINANCE COMMITTEE : 6-3, 06/08/11 AYES: Wolk, DeSaulnier, Hancock, Hernandez, Kehoe, Liu NOES: Huff, Fuller, La Malfa ASSEMBLY FLOOR : 49-23, 05/05/11 - See last page for vote SUBJECT : Subdivisions SOURCE : California State Association of Counties DIGEST : This bill authorizes counties and cities to require fees to pay for constructing transportation facilities as a condition of approving final subdivision maps and building permits. This bill defines transportation facilities as pedestrian, bicycle, transit, and transportation-calming facilities. The bill requires counties and cities to impose these transportation facilities fees subject to the Mitigation Fee Act. This bill declares that the authority in the Map Act's article on fees is in addition to other legal authority. ANALYSIS : The Subdivision Map Act controls how counties and cities review and approve property owners' requests to convert larger parcels into smaller lots. Local officials commonly attach scores of conditions when they approve CONTINUED AB 147 Page 2 tentative subdivision maps. Mainstream legal thinking holds that counties and cities have three sources of authority to impose conditions on proposed subdivisions: 1) conditions to make the subdivision consistent with the local general plan, 2) conditions to mitigate a subdivision's environmental impacts, and 3) conditions that the Map Act specifically authorizes. This bill authorizes counties and cities to require fees to pay for constructing transportation facilities as a condition of approving final subdivision maps and building permits. This bill defines transportation facilities as pedestrian, bicycle, transit, and transportation-calming facilities. The bill requires counties and cities to impose these transportation facilities fees subject to the Mitigation Fee Act. This bill also sets out procedures for charging fees to pay for transportation facilities. A county board of supervisors or city council must adopt an ordinance that refers to the circulation element of its general plan (which identifies the proposed transportation facilities), identifies the projects' costs, identifies the boundaries of the "area of benefit" where the fees will apply, and proposes a fair method of allocating the costs. The county or city must hold a noticed public hearing and measure any protests. If the owners of more than half of an area of benefit protest, the county or city must stop the proceedings. If there was a majority-protest, the county or city must wait a year before trying again. However, with the 4/5-vote of the county supervisors or city council, the county or city can try to levy these fees in a smaller area of benefit if they find that landowners who own more than half of the area are in favor. If the proceedings succeed, the county or city must record a certified copy of a resolution that describes the area of benefit, the projects' costs, and the formula for apportioning the fees. The fee revenues must go into a separate special fund for each proposed transportation facility and the county or city can spend the fee revenues only for constructing those projects. A county or city can pledge these fees as security and borrow against them. Comments CONTINUED AB 147 Page 3 Most, but not all, counties believe that the Subdivision Map Act allows local officials to charge subdivision fees, provided that they meet the nexus tests spelled out in the Mitigation Fee Act. In contrast, Contra Costa County wants the Legislature to create specific statutory authority for counties and cities to charge fees to pay for constructing transportation facilities. By making these fees explicit in the Subdivision Map Act and by linking the fees to the nexus requirements in the Mitigation Fee Act, this bill satisfies Contra Costa County's need for statutory specificity without confusing the law for other counties and cities. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 6/9/11) California State Association of Counties (source) American Lung Association California Transit Association Capitol Corridor Joint Powers Authority County of Contra Costa Environmental Defense Fund Housing California Metropolitan Transportation Commission Natural Resources Defense Fund Regional Council of Rural Counties Sacramento County Board of Supervisors Sacramento Metropolitan Air Quality Management District Santa Clara Valley Transportation Authority Sierra Club California TransForm ASSEMBLY FLOOR : AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes, Gatto, Gordon, Hall, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, Perea, V. Manuel Pérez, Portantino, CONTINUED AB 147 Page 4 Skinner, Solorio, Swanson, Torres, Wieckowski, Williams, Yamada, John A. Pérez NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly, Fletcher, Grove, Hagman, Halderman, Harkey, Jeffries, Knight, Logue, Mansoor, Miller, Morrell, Nestande, Norby, Olsen, Silva, Smyth, Valadao, Wagner NO VOTE RECORDED: Cedillo, Furutani, Galgiani, Garrick, Gorell, Jones, Nielsen, Vacancy AGB:nl 6/9/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED