BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 147|
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                                 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 
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          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

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          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, 

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            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

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