AB 453, as amended, Mullin. Sustainable communities.
The
end deletebegin insert(1)end insertbegin insert end insertbegin insertTheend insert Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, an initiative measure approved by the voters at the November 7, 2006, statewide general election, makes about $5,400,000,000 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 appropriated $500,000 from the funding provided by the initiative to the Natural Resources Agency to support the council and its activities. The council is required to manage and award grants and loans to a council of governments, metropolitan planning organization, regional transportation planning agency, city, county, or joint powers authority for the purpose of developing, adopting, and implementing a regional plan or other planning instrument to support the planning and development of sustainable communities.
This bill would make a local agency formation commission eligible for the award of financial assistance for those planning purposes.
begin insert(2) Existing law, the Cortese-Knox-Hertzberg Act, specifies the factors that a local agency formation commission is required to consider in the review of a proposal for a change of organization or reorganization, including a regional transportation plan, as specified, and its consistency with city or county general and specific plans.
end insertbegin insertThis bill would additionally require the regional transportation plan factor to include the effect development in the area is likely to have on meeting the region’s greenhouse gas emissions reduction targets established by the State Air Resources Board in adopted and future plans.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 56668 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert
Factors to be considered in the review of a proposal
4shall include, but not be limited to, all of the following:
5(a) Population and population density; land area and land use;
6per capita assessed valuation; topography, natural boundaries, and
7drainage basins; proximity to other populated areas; the likelihood
8of significant growth in the area, and in adjacent incorporated and
9unincorporated areas, during the next 10 years.
10(b) The need for organized community services; the present
11cost and adequacy of governmental services and controls in the
12area; probable future needs for those services and controls; probable
13effect of the proposed incorporation, formation, annexation, or
14exclusion and of alternative courses of action
on the cost and
15adequacy of services and controls in the area and adjacent areas.
16“Services,” as used in this subdivision, refers to governmental
17services whether or not the services are services which would be
18provided by local agencies subject to this division, and includes
19the public facilities necessary to provide those services.
P3 1(c) The effect of the proposed action and of alternative actions,
2on adjacent areas, on mutual social and economic interests, and
3on the local governmental structure of the county.
4(d) The conformity of both the proposal and its anticipated
5effects with both the adopted commission policies on providing
6planned, orderly, efficient patterns of urban development, and the
7policies and priorities in Section 56377.
8(e) The effect of the proposal on
maintaining the physical and
9economic integrity of agricultural lands, as defined by Section
1056016.
11(f) The definiteness and certainty of the boundaries of the
12territory, the nonconformance of proposed boundaries with lines
13of assessment or ownership, the creation of islands or corridors of
14unincorporated territory, and other similar matters affecting the
15proposed boundaries.
16(g) A regional transportation plan adopted pursuant to Section
1765080,begin insert including the effect development in the area is likely to
18have on meeting the region’s greenhouse gas emissions reduction
19targets established by the State Air Resources Board in adopted
20and future plans,end insert and its consistency with city or county general
21and specific plans.
22(h) The sphere of influence of any local agency which may be
23applicable to the proposal being reviewed.
24(i) The comments of any affected local agency or other public
25agency.
26(j) The ability of the newly formed or receiving entity to provide
27the services which are the subject of the application to the area,
28including the sufficiency of revenues for those services following
29the proposed boundary change.
30(k) Timely availability of water supplies adequate for projected
31needs as specified in Section 65352.5.
32(l) The extent to which the proposal will affect a city or cities
33and the county in achieving their respective fair shares of the
34regional housing needs as determined by the appropriate council
35of governments consistent with Article
10.6 (commencing with
36Section 65580) of Chapter 3 of Division 1 of Title 7.
37(m) Any information or comments from the landowner or
38owners, voters, or residents of the affected territory.
39(n) Any information relating to existing land use designations.
P4 1(o) The extent to which the proposal will promote environmental
2justice. As used in this subdivision, “environmental justice” means
3the fair treatment of people of all races, cultures, and incomes with
4respect to the location of public facilities and the provision of
5public services.
Section 75128 of the Public Resources Code is
8amended to read:
(a) To support the planning and development of
10sustainable communities, the council shall manage and award
11financial assistance to a council of governments, metropolitan
12planning organization, regional transportation planning agency,
13city, county, local agency formation commission, or joint powers
14authority, to develop, adoptbegin insert,end insert or implement a regional plan or other
15planning instrument consistent with a regional plan that improves
16air and water quality, improves natural resource protection,
17increases the availability of affordable housing, improves
18transportation, meets the goals of the California Global Warming
19Solutions
Act of 2006 (Division 25.5 (commencing with Section
2038500) of the Health and Safety Code), and encourages sustainable
21land use. The financial assistance provided pursuant to this section
22shall be funded from moneys made available pursuant to
23subdivision (c) of Section 75065.
24(b) In awarding financial assistance pursuant to this section, the
25council shall give first priority to an application seeking funding
26to add or enhance elements of a regional plan that are not funded
27with federal moneys.
No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution because
30a local agency or school district has the authority to levy service
31charges, fees, or assessments sufficient to pay for the program or
32level of service mandated by this act, within the meaning of Section
3317556 of the Government Code.
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