BILL ANALYSIS �
AB 453
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Date of Hearing: April 3, 2013
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
K.H. "Katcho" Achadjian, Chair
AB 453 (Mullin) - As Introduced: February 19, 2013
SUBJECT : Sustainable communities.
SUMMARY : Adds local agency formation commissions to the list of
eligible applicants for financial assistance grants and loans
made by the Strategic Growth Council for the purpose of
developing, adopting, and implementing a regional plan or other
planning instrument to support the planning and development of
sustainable communities.
EXISTING LAW :
1)Allows local agency formation commissions (LAFCOs) to consider
regional growth goals and requires reviews of municipal
services prior to sphere of influence updates.
2)Requires Metropolitan Planning Organizations (MPOs) to
consider LAFCOs' spheres of influence while preparing their
sustainable communities strategies.
3)Requires LAFCOs, in reviewing a proposal before the LAFCO, to
also consider a regional transportation plan adopted pursuant
to Section 65080 of the Government Code.
FISCAL EFFECT : Unknown
COMMENTS :
1)SB 732 (Steinberg), Chapter 729, Statutes of 2008, created and
requires the Strategic Growth Council (SGC) to manage and
award financial assistance to Councils of Governments (COGs),
MPOs, Regional Transportation Planning Agencies (RTPAs),
cities, counties, and Joint Powers Authorities (JPAs) to
develop, adopt, or implement a regional plan or other planning
instruments consistent with a regional plan that improves air
and water quality, improves natural resource protection,
increases the availability of affordable housing, improves
transportation, meets the goals of AB 32, and encourages
sustainable land use.
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2)The objectives of the SGC and purposes of LAFCOs are
interrelated. LAFCOs were created by the Legislature to serve
as the "watchdog" on local growth and local agencies. Current
law defines among the purposes of LAFCOs to discourage urban
sprawl, preserve open-space and prime agricultural lands,
efficiently provide government services, and encourage the
orderly formation and development of local agencies.
LAFCOs are required under current law to complete a municipal
service review (MSR) prior to a sphere of influence update,
which occurs every five years or as necessary. MSRs are
comprehensive in nature and examine things like growth and
population projections, present and planned capacity of public
facilities, infrastructure needs or deficiencies related to
sewer, water, and fire protection, and the financial ability
of agencies to provide services. In some cases, MSRs may
contain critical baseline information for Regional
Transportation Plans (RTPs) and Sustainable Communities
Strategies. Because LAFCOs are funded by their own local
agencies, LAFCOs are not likely to be able to prepare an MSR
in the depth needed by the MPO or COG for their RTP or
Sustainable Communities Strategy.
3)Currently LAFCOs can only apply through an MPO or other
eligible local agencies for grants that support the
preparation of Sustainable Community Strategies. This bill
adds LAFCOs to the list of eligible applicants for financial
assistance grants and loans made by the SGC for the purpose of
developing, adopting, and implementing a regional plan or
other planning instruments to support the planning and
development of sustainable communities.
With grant funding, LAFCOs would be able to prepare much more
extensive MSRs in collaboration with MPOs to provide the data
needed to complete the RTP or Sustainable Communities
Strategy. Additionally, this bill would then avoid the need
for the MPO to have to fund studies to obtain the necessary
information and would foster a greater opportunity for
collaboration among the planning agencies and the LAFCOs.
This bill is sponsored by the California Association of Local
Agency Formation Commissions (CALAFCO).
4)CALAFCO notes that "under current law, the cost of the MSR
preparation is paid for by the cities, districts and county
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within each LAFCO. The limited availability of local funds
can restrict the level of detail in an MSR. By making LAFCOs
eligible to apply for SGC grants, LAFCO would be able to
prepare more comprehensive and data-rich MSRs and sphere of
influence studies in collaboration with the regional
transportation agency. This would reduce duplication of
effort and provide the transportation agencies with more
complete information regarding municipal services and growth
capacity for the preparation of the Sustainable Communities
Strategies."
5)Proposition 84, the Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal Protection Bond Act
of 2006, includes $90 million for planning grants and
incentives including revolving loan programs and other methods
to encourage the development of regional and local land use
plans. Of the approximately $63 million allocated
specifically for planning grants more than $50 million has
been awarded in 93 grants to cities, counties and regional
agencies. With approximately $12.5 million remaining in the
pot the SGC will reopen program guidelines before proceeding
with the third round of grants. According to the SGC, one of
the factors they will review before reopening program
guidelines is how to strengthen the connection to sustainable
community planning.
6)This bill is substantially similar to, AB 2624 (Smyth, 2012)
that was heard by this Committee and passed out on 9-0 vote.
AB 2624 was later held on the suspense file in the Senate
Appropriations Committee.
7)Support arguments : Supporters believe that this bill provides
a resource for preparing more comprehensive MSRs to better
inform both LAFCO and regional transportation agency
decisions.
Opposition arguments : None on file.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Local Agency Formation Commissions
AB 453
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[SPONSOR]
American Federation of State, County and Municipal Employees
Opposition
None on file
Analysis Prepared by : Misa Yokoi-Shelton / L. GOV. / (916)
319-3958