BILL ANALYSIS                                                                                                                                                                                                    �



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          ASSEMBLY THIRD READING
          AB 716 (Quirk-Silva)
          As Amended  April 2, 2013
          Majority vote 

           HOUSING             5-2         BUDGET              16-9        
           
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          |Ayes:|Torres, Atkins, Brown,    |Ayes:|Blumenfield, Bloom,       |
          |     |Chau, Mullin              |     |Bonilla, Campos, Chesbro, |
          |     |                          |     |Daly, Dickinson, Gordon,  |
          |     |                          |     |Jones-Sawyer, Mitchell,   |
          |     |                          |     |Mullin, Muratsuchi,       |
          |     |                          |     |Nazarian, Skinner, Stone, |
          |     |                          |     |Ting                      |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Beth Gaines, Maienschein  |Nays:|Gorell, Ch�vez, Harkey,   |
          |     |                          |     |Mansoor, Melendez,        |
          |     |                          |     |Morrell, Nestande,        |
          |     |                          |     |Patterson, Wagner         |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Expands the Five-Year Infrastructure plan that is  
          submitted as part of the budget to include housing and  
          priorities for the coordination of investment and requires the  
          Strategic Growth Council to hold a public hearing on the bill  
          prior to its submission to the Legislature.  Specifically,  this  
          bill :  

          1)Expands the definition of infrastructure for the purposes of  
            the state's five-year infrastructure plan to include housing.

          2)Requires the five-year infrastructure plan to set out  
            priorities for coordination of investment. 

          3)Requires the Strategic Growth Council (SGC) to hold a public  
            hearing on the five-year infrastructure plan and submit  
            comments to the Legislature prior to the Governor submitting  
            the plan to the Legislature. 

          4)Requires the SGC's comments to identify how the plan  
            components improve air and water quality, improve natural  
            resource protection, increase the availability of affordable  








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            housing, improve transportation, meet the goals of the  
            California Global Warming Solutions Act of 2006 (AB 32  
            (N��ez), Chapter 488), encourage sustainable land use  
            planning, and revitalize urban and community centers in a  
            sustainable manner.

           FISCAL EFFECT  :  Possibly small, absorbable costs associated with  
          the SGC's role in reviewing, hearing, and commenting on this  
          bill. 

           COMMENTS  :  In the 14 years since AB 1473 (Hertzberg), Chapter  
          606, Statutes of 1999, was chaptered, the Five-Year  
          Infrastructure Plan has only been produced five times, the last  
          time in 2008.  The Department of Finance reports that it expects  
          to release a 2013 edition as part of the May Revision budget  
          package.

          The Five-Year Infrastructure Plan's title implies that the  
          document is a comprehensive vision for the State's priorities,  
          but the document itself is more of an overall infrastructure  
          needs assessment, which aggregates the State's needs in every  
          policy area.  Most of the content in the 2008 Five-Year  
          infrastructure plan was devoted to two distinct sections.   
          First, the plan contained a litany of various infrastructure  
          needs for every state department, with a heavy emphasis on state  
          properties.  This section was followed by a discussion about  
          various options to finance and program maintenance and  
          infrastructure needs, including a comparison of bond financing  
          versus pay-as-you-go funding.  Second, due to the passage of  
          several bonds propositions in 2006, the 2008 plan placed a heavy  
          emphasis on how the projected needs matched with the newly  
          approved bond funds.

          In recent years, the budget discussions have evolved to include  
          a longer-term outlook on the State's fiscal health.  One of the  
          central themes of the Governor Brown's budget is the "Wall of  
          Debt," a framework in which the Governor describes various debts  
          and liabilities.  In addition, in 2011 the Legislature adopted  
          SB 15 (DeSaulnier), Chapter 737, to require both the budget and  
          the May Revision to contain a five-year projection of revenues  
          and expenditures.  Finally, the 2012 budget focused upon solving  
          the structural deficit that had historically persisted in the  
          State. While there has been a great deal of discussion about  
          State liabilities in the last few years, there has not been much  








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          discussion about State assets, which is essentially our  
          infrastructure and property.  Thus, the 2013 edition of the  
          Five-Year Infrastructure plan will be important in informing the  
          budget process and planning for future years.  Due to the  
          State's prolonged period of poor fiscal health, the maintenance  
          on State properties has been deferred and it is anticipated that  
          this plan will provide an updated picture of the overall  
          condition of State properties.  Additionally, with the  
          exhaustion of various infrastructure bonds balances projected in  
          the near-future, this plan will provide some ideas regarding the  
          Administration's approach for future infrastructure financing.

          This bill attempts to align future five-year infrastructure  
          plans with the State's stated priorities for land-use, carbon  
          emission reduction, and other priorities involving State  
          infrastructure.  The bill also expands the definition of  
          infrastructure to include housing needs.  Previous legislation,  
          AB 857 (Wiggins), Chapter 1016, Statutes of 2002, (Government  
          Code Section 13102) attempted to use the infrastructure plan as  
          a mechanism to align state planning and priorities for funding  
          projects. 

          This previous attempt to align the State's vision for  
          macro-level planning in the Five-Year Infrastructure Plan was  
          not successful.  In the 2008, the Department of Finance complied  
          with the provisions of AB 857 by including a paragraph under  
          each department that explained how the department's needs  
          matched the priorities outlined in the plan.  For example, under  
          the $4.2 billion of deficiencies for California Department of  
          Corrections and Rehabilitation (CDCR), the report stated, "The  
          CDCR plan is consistent with the state's planning priorities and  
          is focused on rehabilitating and improving existing  
          infrastructure and promoting infill development.  The CDCR's  
          individual projects are evaluated for their effect on the  
          environment and projects are modified to minimize negative  
          effects on a case-by-case basis."

          Such responses became essentially a boilerplate field that was  
          filled in for every department, rather than the focused  
          discussion envisioned by AB 857 when it was passed in 2002.   
          This bill could end up setting up a similar requirement, which  
          would undermine its value.  

          One alternative would be to request the SGC provide a separate  








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          report that outlines the goals of State infrastructure.  For  
          example, in 2007 and 2008, the Schwarzenegger Administration  
          issued a separate report, the "Strategic Growth Plan" which  
          reflected the administration's vision for infrastructure  
          planning at a more macroscopic level.  During these years, the  
          introduction to the Five-Year Infrastructure stated this plan  
          was part of the "larger vision" of the Strategic Growth Plan.  A  
          "larger vision" document might be more appropriate in achieving  
          the analysis and useful comments envisioned by this bill.
           

          Analysis Prepared by  :    Christian Griffith / BUDGET / (916)  
          319-2099 


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