BILL NUMBER: SB 244 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 3, 2011
AMENDED IN SENATE APRIL 25, 2011
AMENDED IN SENATE MARCH 15, 2011
INTRODUCED BY Senator Wolk
(Coauthors: Senators Price and Rubio)
(Coauthor: Assembly Member Perea)
FEBRUARY 10, 2011
An act to amend Sections 56425 and 56430 of, and to add Sections
56033.5 and 65302.10 to, the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 244, as amended, Wolk. Land use: general plan: disadvantaged
unincorporated communities.
(1) The Planning and Zoning Law requires a city or county to adopt
a comprehensive, long-term general plan for the physical development
of the city or county and of any land outside its boundaries that
bears relation to its planning. That law also requires the general
plan to contain specified mandatory elements, including a housing
element for the preservation, improvement, and development of the
community's housing.
This bill would require, upon the next revision of its housing
element, and each revision thereafter, a city or county to review and
update one or more elements of its general plan, as necessary to
address the presence of island, fringe, or legacy unincorporated
communities, as defined, inside or near its boundaries, and would
require the updated general plan to include specified information.
This bill would also require the city or county planning agency,
after the initial revision and update of the general plan, to review,
and if necessary amend, the general plan to update the information,
goals, and program of action relating to these communities therein.
By adding to the duties of city and county officials, this bill would
impose a state-mandated local program.
(2) The Cortese-Knox-Hertzberg Act of 2000 requires a local agency
formation commission to develop and determine the sphere of
influence of each local governmental agency within the county and to
enact policies designed to promote the logical and orderly
development of areas within the sphere, and requires the commission,
in preparing and updating spheres of influence to conduct a service
review of the municipal services provided in the county or other area
designated by the commission, and to prepare a written statement of
its determinations with respect to the growth and population
projections for the affected area, the present and planned capacity
of public facilities and adequacy of public services, including
infrastructure needs or deficiencies, financial ability of agencies
to provide services, status of, and opportunities for, shared
facilities, accountability for community service needs, including
governmental structure, and operational efficiencies, as specified.
This bill would also require the agency to include in its written
statement a determination with respect to the location and
characteristics, including infrastructure needs or deficiencies, of
any disadvantaged inhabited communities within or adjacent to the
sphere of influence, thereby imposing a state-mandated local program.
The bill would also require a commission, upon the review and update
of a sphere of influence on or after July 1, 2012, to include in the
review or update of each sphere of influence of a city or special
district that provides public facilities or services related to
sewers, municipal and industrial water, or structural fire protection
to include the present and probable need for public facilities and
services of disadvantaged inhabited communities within or adjacent to
the sphere of influence, and would authorize the agency to assess
the feasibility of governmental reorganization of particular
agencies, as specified.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement shall be made
pursuant to these statutory provisions for costs mandated by the
state pursuant to this act, but would recognize that local agencies
and school districts may pursue any available remedies to seek
reimbursement for these costs.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) Hundreds of disadvantaged unincorporated communities, commonly
referred to as "colonias," exist in California. There are more than
200 of these communities in the San Joaquin Valley alone. Many of
these communities are geographically isolated islands, surrounded by
the city limits of large and medium-sized cities.
(2) Conditions within these disadvantaged unincorporated
communities evidence a distinct lack of public and private investment
that threatens the health and safety of the residents of these
communities and fosters economic, social, and educational inequality.
Many of these communities lack basic infrastructure, including, but
not limited to, streets, sidewalks, storm drainage, clean drinking
water, and adequate sewer service.
(3) The Clean Water State Revolving Fund, the Safe Drinking Water
State Revolving Fund, the Clean up and Abatement Account, and the
Community Development Block Grant are robust and continuous sources
of funding for drinking water, wastewater, and other basic
infrastructure.
(b) It is the intent of the Legislature to encourage investment in
these communities and address the complex legal, financial, and
political barriers that contribute to regional inequity and
infrastructure deficits within disadvantaged unincorporated
communities.
SEC. 2. Section 56033.5 is added to the Government Code, to read:
56033.5. "Disadvantaged inhabited community" means inhabited
territory, as defined by Section 56046, or as determined by
commission policy, that constitutes all or a portion of a
"disadvantaged community" as defined by Section 79505.5 of the Water
Code.
SEC. 3. Section 56425 of the Government Code is amended to read:
56425. (a) In order to carry out its purposes and
responsibilities for planning and shaping the logical and orderly
development and coordination of local governmental agencies to
advantageously provide for the present and future needs of the county
and its communities, the commission shall develop and determine the
sphere of influence of each local governmental agency within the
county and enact policies designed to promote the logical and orderly
development of areas within the sphere.
(b) Prior to a city submitting an application to the commission to
update its sphere of influence, representatives from the city and
representatives from the county shall meet to discuss the proposed
new boundaries of the sphere and explore methods to reach agreement
on development standards and planning and zoning requirements within
the sphere to ensure that development within the sphere occurs in a
manner that reflects the concerns of the affected city and is
accomplished in a manner that promotes the logical and orderly
development of areas within the sphere. If an agreement is reached
between the city and county, the city shall forward the agreement in
writing to the commission, along with the application to update the
sphere of influence. The commission shall consider and adopt a sphere
of influence for the city consistent with the policies adopted by
the commission pursuant to this section, and the commission shall
give great weight to the agreement to the extent that it is
consistent with commission policies in its final determination of the
city sphere.
(c) If the commission's final determination is consistent with the
agreement reached between the city and county pursuant to
subdivision (b), the agreement shall be adopted by both the city and
county after a noticed public hearing. Once the agreement has been
adopted by the affected local agencies and their respective general
plans reflect that agreement, then any development approved by the
county within the sphere shall be consistent with the terms of that
agreement.
(d) If no agreement is reached pursuant to subdivision (b), the
application may be submitted to the commission and the commission
shall consider a sphere of influence for the city consistent with the
policies adopted by the commission pursuant to this section.
(e) In determining the sphere of influence of each local agency,
the commission shall consider and prepare a written statement of its
determinations with respect to each of the following:
(1) The present and planned land uses in the area, including
agricultural and open-space lands.
(2) The present and probable need for public facilities and
services in the area. Upon the next review and update of a sphere of
influence that occurs pursuant to subdivision (g) on or after July 1,
2012, the review and update of each sphere of influence of a city or
special district that provides public facilities or services related
to sewers, municipal and industrial water, or structural fire
protection shall include the present and probable need for public
facilities and services of any disadvantaged inhabited communities
within or adjacent to its sphere of influence.
(3) The present capacity of public facilities and adequacy of
public services that the agency provides or is authorized to provide.
(4) The existence of any social or economic communities of
interest in the area if the commission determines that they are
relevant to the agency.
(f) Upon determination of a sphere of influence, the commission
shall adopt that sphere.
(g) On or before January 1, 2008, and every five years thereafter,
the commission shall, as necessary, review and update each sphere of
influence.
(h) In determining the sphere of influence, the commission may
assess the feasibility of governmental reorganization of particular
agencies and recommend reorganization of those agencies when they are
found to be feasible and if reorganization will further the goals of
orderly development as well as efficient and affordable service
delivery. The commission shall make all reasonable efforts to ensure
wide public dissemination of the recommendations.
(i) When adopting, amending, or updating a sphere of influence for
a special district, the commission shall do all of the following:
(1) Require existing districts to file written statements with the
commission specifying the functions or classes of services provided
by those districts.
(2) Establish the nature, location, and extent of any functions or
classes of services provided by existing districts.
SEC. 4. Section 56430 of the Government Code is amended to read:
56430. (a) In order to prepare and to update spheres of influence
in accordance with Section 56425, the commission shall conduct a
service review of the municipal services provided in the county or
other appropriate area designated by the commission. The commission
shall include in the area designated for service review the county,
the region, the subregion, or any other geographic area as is
appropriate for an analysis of the service or services to be
reviewed, and shall prepare a written statement of its determinations
with respect to each of the following:
(1) Growth and population projections for the affected area.
(2) The location and characteristics of any disadvantaged
inhabited communities.
(3) Present and planned capacity of public facilities and adequacy
of public services, including infrastructure needs or deficiencies,
with attention to water, wastewater, storm water drainage,
sewers, municipal and industrial water, and
structural fire protection needs or deficiencies of disadvantaged,
unincorporated communities within or adjacent to the agency's
proposed sphere of influence.
(4) Financial ability of agencies to provide services.
(5) Status of, and opportunities for, shared facilities.
(6) Accountability for community service needs, including
governmental structure and operational efficiencies.
(7) Any other matter related to effective or efficient service
delivery, as required by commission policy.
(b) In conducting a service review, the commission shall
comprehensively review all of the agencies that provide the
identified service or services within the designated geographic area.
The commission shall assess various alternatives for improving
efficiency and affordability of infrastructure and service delivery
within and adjacent to the sphere of influence, including, but not
limited to, the consolidation of governmental agencies.
(c) The commission shall conduct a service review before, or in
conjunction with, but no later than the time it is considering an
action to establish a sphere of influence in accordance with Section
56425 or Section 56426.5 or to update a sphere of influence pursuant
to Section 56425.
SEC. 5. Section 65302.10 is added to the Government Code, to read:
65302.10. (a) As used in this section, the following terms shall
have the following meanings:
(1) "Disadvantaged unincorporated community" means a fringe,
island, or legacy community in which the median household income is
80 percent or less than the statewide median household income.
(2) "Unincorporated fringe community" means any inhabited and
unincorporated territory that is within a city's sphere of influence.
(3) "Unincorporated island community" means any inhabited and
unincorporated territory that is surrounded or substantially
surrounded by one or more cities or by one or more cities and a
county boundary or the Pacific Ocean.
(4) "Unincorporated legacy community" means a geographically
isolated community that is inhabited and has existed for at least 50
years.
(b) Upon the next revision of its general plan , and
thereafter upon each revision of its housing element made
pursuant to Section 65588, the legislative body of a city or county
shall review and update one or more elements of its general plan as
necessary to include data and analysis, goals, policies, and
objectives, and feasible implementation measures ,
policies, and objectives to address the presence of
unincorporated island, fringe, or legacy communities inside or near
its boundaries. The updated general plan shall include all of the
following:
(1) In the case of a city, an identification of each
unincorporated island or fringe community, in or adjacent to the city'
s sphere of influence. In the case of a county, an identification of
each legacy community within the boundaries of the county. This
identification shall include a description of the community and a map
designating its location.
(2) For each identified community, an analysis of all of the
following:
(A) The extent to which households in the community lack access to
sanitary sewer service.
(B) The extent to which households in the community lack access to
safe drinking water.
(C) The extent to which the community lacks one or more of the
following:
(i) Paved roads.
(ii) Storm drainage.
(iii) Sidewalks.
(iv) Street lighting.
(D) The number of households within one-quarter of a mile of
public transit.
(E) The number of housing units that are in substandard condition.
(F) The number of households paying more than 30 percent of their
income toward housing.
(G) The number of households in overcrowded housing.
(3) An analysis of the city's or county's current programs and
activities to address the conditions or deficiencies described in
paragraph (2), and an identification of any constraints to addressing
those conditions or deficiencies. The analysis shall evaluate the
annexation of any identified island or fringe communities.
(4) A statement setting forth the city's or county's specific,
quantified goals for eliminating or reducing the conditions or
deficiencies described in paragraph (2) and found to be present in an
unincorporated island, fringe, or legacy community within or
proximate to the boundaries of the city or county.
(5) A set of flexible feasible
implementation measures designed to carry out the goals described in
paragraph (4), including an identification of resources and a
timeline of actions.
(c) After the initial revision of its general plan pursuant to
this section, on or before the due date for the next revision of its
housing element, the planning agency shall review, and if necessary
amend, its general plan to update the analysis, goals, and actions
required by this section.
SEC. 6. No reimbursement shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code for costs mandated by the state pursuant to this act.
It is recognized, however, that a local agency or school district
may pursue any remedies to obtain reimbursement available to it under
Part 7 (commencing with Section 17500) and any other provisions of
law.