BILL ANALYSIS �
AB 453
Page 1
ASSEMBLY THIRD READING
AB 453 (Mullin)
As Introduced February 19, 2013
Majority vote
LOCAL GOVERNMENT 8-1 APPROPRIATIONS 16-0
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|Ayes:|Achadjian, Levine, Alejo, |Ayes:|Gatto, Harkey, Bigelow, |
| |Bradford, Gordon, | |Bocanegra, Bradford, Ian |
| |Melendez, Mullin, Bonta | |Calderon, Campos, Eggman, |
| | | |Gomez, Hall, Ammiano, |
| | | |Linder, Pan, Quirk, |
| | | |Wagner, Weber |
|-----+--------------------------+-----+--------------------------|
|Nays:|Waldron | | |
| | | | |
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SUMMARY : Adds local agency formation commissions (LAFCOs) to the
list of eligible applicants for financial assistance grants and
loans made by the Strategic Growth Council (SGC) 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 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
Government Code Section 65080.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
increased cost pressures resulting from expanding eligibility for
sustainable community loans and grants (Proposition 84 bond funds
and special funds) and negligible costs for the administration of
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the grant program.
COMMENTS : SB 732 (Steinberg), Chapter 729, Statutes of 2008,
created and requires 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 (N��ez), Chapter
488, Statutes of 2006, and encourages sustainable land use.
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.
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
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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).
CALAFCO notes that "under current law, the cost of the MSR
preparation is paid for by the cities, districts and county 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."
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.
This bill is substantially similar to, AB 2624 (Smyth) of 2012 which
was held on the suspense file in the Senate Appropriations
Committee.
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.
AB 453
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Analysis Prepared by : Misa Yokoi-Shelton / L. GOV. / (916)
319-3958
FN: 0000795