Amended in Senate June 18, 2013

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 Sections 13100, 13101, and 13102 of the Government Code, relating to infrastructure planning.

LEGISLATIVE COUNSEL’S DIGEST

AB 716, as amended, Quirk-Silva. Infrastructurebegin delete planend delete: 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 investmentbegin insert and include an analysis of investment coordination opportunities for capital outlay related to infill and transit-end insertbegin insertoriented developmentend insert. The bill would expand the definition of infrastructure to include housing.

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.

This bill would requirebegin delete the council to hold a public hearing and submit its comments on the plan to the Legislature prior to submission of the plan byend delete the Governorbegin delete. 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.end deletebegin insert to submit the plan with the assistance of the Strategic Growth Council.end insert

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
14infrastructure 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:

P3    1

13101.  

As used in this article, “infrastructure” means real
2property, including land and improvements to the land, structures
3and equipment integral to the operation of structures, easements,
4rights-of-way and other forms of interest in property, roadways,
5housing, and water conveyances.

6

SEC. 3.  

Section 13102 of the Government Code is amended
7to read:

8

13102.  

begin delete(a)end deletebegin deleteend deleteIn conjunction with the Governor’s Budget
9submitted pursuant to Section 13337, the Governorbegin insert, with the
10assistance of the Strategic Growth Council,end insert
shall submit annually
11a proposed five-year infrastructure plan to the Legislature. This
12plan shall cover a five-fiscal-year period beginning with the fiscal
13year that is the same as that covered by the Governor’s Budget
14with which it is being submitted.

15The infrastructure plan shall contain the following information
16for the five years that it covers:

begin delete

17(1) (A) 

end delete

18begin insert(a)end insertbegin insertend insertbegin insert(1)end insertbegin insertend insert Identification of new, rehabilitated, modernized,
19improved, or renovated infrastructure requested by state agencies.

begin delete

20(B)

end delete

21begin insert(end insertbegin insert2)end insert Aggregate funding for transportation as identified in the
22four-year State Transportation Improvement Program Fund
23Estimate prepared pursuant to Sections 14524 and 14525.

begin delete

24(C)

end delete

25begin insert(end insertbegin insert3)end insert Infrastructure needs for kindergarten through grade 12 public
26schools necessary to accommodate increased enrollment, class
27size reduction, and school modernization.

begin delete

28(D)

end delete

29begin insert(end insertbegin insert4)end insert The instructional and instructional support facilities needs
30for the University of California, the California State University,
31and the California Community Colleges.

begin delete

32(2)

end delete

33begin insert(b)end insert The estimated cost of providing the infrastructure identified
34inbegin delete paragraph (1).end deletebegin insert subdivision (a).end insert

begin delete

35(3)

end delete

36begin insert(c)end insert A proposal for funding the infrastructure identified in
37begin delete paragraph (1)end deletebegin insert subdivision (a)end insert, that includes all of the following:

begin delete

38(A)

end delete

39begin insert(end insertbegin insert1)end insert Criteria and priorities used to identify and select the
40infrastructure it does propose to fund, including criteria used to
P4    1identify and select infrastructure that by January 1, 2005, shall
2begin delete demonstrate consistencyend deletebegin insert be consistentend insert with the state planning
3priorities specified pursuant to Section 65041.1 for infrastructure
4requested by state agencies pursuant tobegin delete subparagraph (A) of
5paragraph (1).end delete
begin insert paragraph (1) of subdivision (a).end insert

begin delete

6(B)

end delete

7begin insert(end insertbegin insert2)end insert Sources of funding, including, but not limited to, General
8Fund, state special funds, federal funds, general obligation bonds,
9lease-revenue bonds, and installment purchases.

begin delete

10(C)

end delete

11begin insert(3)end insert An evaluation of the impact of the new state debt on the
12state’s existing overall debt position if the plan proposes the
13issuance of new state debt.

begin delete

14(D) (i)

end delete

15begin insert(4)end insertbegin insertend insertbegin insert(A)end insertbegin insertend insert Recommended specific projects for funding or the
16recommended type and amount of infrastructure to be funded in
17order to meet programmatic objectives that shall be identified in
18the proposal.

begin delete

19(ii)

end delete

20begin insert(B)end insert Any capital outlay or local assistance appropriations intended
21to fund infrastructure included in the Governor’s Budget shall
22derive from, and be encompassed by, the funding proposal
23contained in the plan.

begin insert

24(5) Investment coordination opportunities for capital outlay
25 related to infill and transit-oriented development, including, but
26not limited to, development or rehabilitation of infill and
27transit-oriented development, water, sewer, or other associated
28public infrastructure costs, including, but not limited to,
29transportation improvements.

end insert
begin delete

30(b) Prior to the Governor’s submitting the plan, the Strategic
31Growth Council shall hold a public hearing on the plan and submit
32to the Legislature any comments pursuant to its duty to review and
33comment under Section 75125 of the Public Resources Code. In
34its comments, the council shall identify how the plan components
35improve air and water quality, improve natural resource protection,
36increase the availability of affordable housing, improve
37transportation, meet the goals of the California Global Warming
38Solutions Act of 2006 (Division 25.5 (commencing with Section
3938500) of the Health and Safety Code), encourage sustainable land
P5    1use planning, and revitalize urban and community centers in a
2sustainable manner.

end delete


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