Amended in Assembly April 2, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 716


Introduced by Assembly Member Quirk-Silva

February 21, 2013


An act to amend Sectionsbegin delete 13100 andend deletebegin insert 13100,end insert 13101begin insert, and 13102end insert of the Government Code, relating tobegin delete capital financingend deletebegin insert infrastructure planningend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 716, as amended, Quirk-Silva. Infrastructure plan: state planning and funding.

The California Infrastructure Planning Act requires the Governor to submit annually to the Legislature, in conjunction with the Governor’s Budget, a proposed 5-year infrastructure plan containing prescribed information. Existing law requires the plan to identify state infrastructure needs and set out priorities for funding. The plan defines the term “infrastructure” to mean real property, including land and improvements to the land, structures, and equipment integral to the operation of structures, easements, rights-of-way, and other forms of interest in property, roadways, and water conveyances.

This bill would additionally require the plan to set out priorities for coordination of investment. The bill would expand the definition of infrastructure to include housing.

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Existing law creates the Strategic Growth Council consisting of various state agencies, with certain powers and duties relative to the identification and review of activities and funding programs of those agencies in order to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, meet the goals of the California Global Warming Solutions Act of 2006, encourage sustainable land use planning, and revitalize urban and community centers in a sustainable manner. Existing law requires the council to review and comment on the infrastructure plan submitted by the Governor.

end insert
begin insert

This bill would require the council to hold a public hearing and submit its comments on the plan to the Legislature prior to submission of the plan by the Governor. The bill would require the council to identify how the plan components improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, meet the goals of the California Global Warming Solutions Act of 2006, encourage sustainable land use planning, and revitalize urban and community centers in a sustainable manner.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 13100 of the Government Code is
2amended to read:

3

13100.  

It is the intent of the Legislature in enacting this article
4that the state shall establish and annually update a five-year plan
5for funding infrastructure. The plan shall include input by the
6Legislature as provided in Section 13104. The plan shall identify
7state infrastructure needs and set out priorities for funding and
8coordination of investment. The plan need not identify specific
9infrastructure projects to be funded, but it shall be sufficiently
10detailed to provide a clear understanding of the type and amount
11of infrastructure to be funded and the programmatic objectives to
12be achieved by this funding. The plan is intended to complement
13the existing state budget process for appropriating funds for
14 infrastructure by providing a comprehensive guideline for the types
15of projects to be funded through that process.

16

SEC. 2.  

Section 13101 of the Government Code is amended
17to read:

18

13101.  

As used in this article, “infrastructure” means real
19property, including land and improvements to the land, structures
20and equipment integral to the operation of structures, easements,
P3    1rights-of-way and other forms of interest in property, roadways,
2housing, and water conveyances.

3begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 13102 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
4read:end insert

5

13102.  

begin insert(a)end insertbegin insertend insert In conjunction with the Governor’s Budget
6submitted pursuant to Section 13337, the Governor shall submit
7annually a proposed five-year infrastructure plan to the Legislature.
8This plan shall cover a five-fiscal-year period beginning with the
9fiscal year that is the same as that covered by the Governor’s
10Budget with which it is being submitted.

11The infrastructure plan shall contain the following information
12for the five years that it covers:

begin delete

13(a) (1)

end delete

14begin insert(1)end insertbegin insertend insertbegin insert(A)end insert Identification of new, rehabilitated, modernized,
15improved, or renovated infrastructure requested by state agencies.

begin delete

16(2)

end delete

17begin insert(B)end insert Aggregate funding for transportation as identified in the
18four-year State Transportation Improvement Program Fund
19Estimate prepared pursuant to Sections 14524 and 14525.

begin delete

20(3)

end delete

21begin insert(C)end insert Infrastructure needs for Kindergarten through grade 12
22public schools necessary to accommodate increased enrollment,
23class size reduction, and school modernization.

begin delete

24(4)

end delete

25begin insert(D)end insert The instructional and instructional support facilities needs
26for the University of California, the California State University,
27and the California Community Colleges.

begin delete

28(b)

end delete

29begin insert(2)end insert The estimated cost of providing the infrastructure identified
30inbegin delete subdivision (a)end deletebegin insert paragraph (1)end insert.

begin delete

31(c)

end delete

32begin insert(3)end insert A proposal for funding the infrastructure identified in
33begin delete subdivision (a)end deletebegin insert paragraph (1)end insert, that includes all of the following:

begin delete

34(1)

end delete

35begin insert(A)end insert Criteria and priorities used to identify and select the
36infrastructure it does propose to fund, including criteria used to
37identify and select infrastructure that by January 1, 2005, shallbegin delete be
38consistentend delete
begin insert demonstrate consistencyend insert with the state planning priorities
39specified pursuant to Section 65041.1 for infrastructure requested
P4    1by state agencies pursuant tobegin delete paragraph (1) of subdivision (a)end delete
2begin insert subparagraph (A) of paragraph (1)end insert.

begin delete

3(2)

end delete

4begin insert(B)end insert Sources of funding, including, but not limited to, General
5Fund, state special funds, federal funds, general obligation bonds,
6lease revenue bonds, and installment purchases.

begin delete

7(3)

end delete

8begin insert(end insertbegin insertC)end insert An evaluation of the impact of the new state debt on the
9state’s existing overall debt position if the plan proposes the
10issuance of new state debt.

begin delete

11(4) (A)

end delete

12begin insert(D)end insertbegin insertend insertbegin insert(i)end insert Recommended specific projects for funding or the
13recommended type and amount of infrastructure to be funded in
14order to meet programmatic objectives that shall be identified in
15the proposal.

begin delete

16(B)

end delete

17begin insert(ii)end insert Any capital outlay or local assistance appropriations intended
18to fund infrastructure included in the Governor’s Budget shall
19derive from, and be encompassed by, the funding proposal
20contained in the plan.

begin insert

21(b) Prior to the Governor’s submitting the plan, the Strategic
22Growth Council shall hold a public hearing on the plan and submit
23to the Legislature any comments pursuant to its duty to review and
24comment under Section 75125 of the Public Resources Code. In
25its comments, the council shall identify how the plan components
26improve air and water quality, improve natural resource
27protection, increase the availability of affordable housing, improve
28transportation, meet the goals of the California Global Warming
29Solutions Act of 2006 (Division 25.5 (commencing with Section
3038500) of the Health and Safety Code), encourage sustainable
31land use planning, and revitalize urban and community centers in
32a sustainable manner.

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