BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          AB 716 (Quirk-Silva) - Five-year infrastructure plan: housing.
          
          Amended: June 18, 2013          Policy Vote: GO 7-4; NR&W 7-2
          Urgency: No                     Mandate: No
          Hearing Date: August 12, 2013                           
          Consultant: Mark McKenzie       
          
          This bill meets the criteria for referral to the Suspense File. 

          
          Bill Summary: AB 716 would require the Strategic Growth Council  
          (SGC) to assist the Governor in submitting the annual five-year  
          infrastructure plan to the Legislature, add housing to the  
          definition of infrastructure for purposes of the plan, and  
          require the proposals for funding infrastructure identified in  
          the plan to include investment coordination opportunities  
          related to infill and transit-oriented development (TOD).

          Fiscal Impact: 
              Unknown staffing costs to the SGC, likely hundreds of  
              thousands annually, to participate in the development and  
              submittal of the infrastructure plan to the Legislature  
              (General Fund).

              Potential cost pressures to finance more state-funded  
              housing, infill, and transit-oriented development as a  
              result of the inclusion of housing as infrastructure that  
              must be identified in the plan, and the inclusion of  
              proposals for coordinated investment in infill and TOD  
              (General Fund, general obligation bond funds).

          Background: Existing law, for purposes of the State  
          Infrastructure Act, defines "infrastructure" as 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.

          Existing law requires the Governor to submit an annual five-year  
          infrastructure plan to the Legislature in conjunction with the  
          proposed budget.  The infrastructure plan must identify  
          infrastructure requested by state agencies, infrastructure needs  








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          for K-12 public schools, facilities needs for public  
          postsecondary education institutions, and aggregate funding for  
          transportation identified in the State Transportation  
          Improvement Program (STIP).  The infrastructure plan must also  
          include estimated funding to provide the identified  
          infrastructure and a proposal for funding that infrastructure,  
          including sources of funding and the impacts on the state's  
          overall debt position.  The criteria and priorities for funding  
          infrastructure identified by state agencies must be consistent  
          with the state planning priorities.  DOF issued a California  
          Five-Year Infrastructure Plan in 2002, 2003, 2006, 2007, and  
          2008.  An infrastructure plan has not been issued under the  
          current Administration.

          The Strategic Growth Council was created in 2008 by SB 732  
          (Steinberg), Chap 729/2008, and currently consists of the  
          Director of the Governor's Office of Planning and Research  
          (OPR), a public member appointed by the Governor, and the  
          Secretaries of the following agencies: Natural Resources;  
          Environmental Protection; Transportation; Health and Human  
          Services; and Business, Consumer Services, and Housing.   
          Existing law requires the SGC to identify and review activities  
          and funding programs of member state agencies that may be  
          coordinated to achieve specified sustainability goals.   
          Specifically, the SGC is directed to review and comment on the  
          Governor's five-year infrastructure plan and the State  
          Environmental Goals and Policy Report, which is supposed to be  
          prepared by OPR every four years.  

          Proposed Law: AB 716 would add housing to the statutory  
          definition of "infrastructure," and require the Governor's  
          five-year infrastructure plan to be submitted with the  
          assistance of the SGC.  The bill would also require proposals  
          for funding infrastructure identified in the plan to include  
          investment coordination opportunities for capital outlay related  
          to infill and transit-oriented development and associated public  
          infrastructure.

          Related Legislation: AB 1081 (Medina), which is also on the  
          agenda for today's hearing, would require the Governor's annual  
          five-year infrastructure plan to address infrastructure needs  
          related to goods movement in the state, including  
          recommendations for private sector financing, as specified.   
          Staff notes that the authors of both bills will need to address  








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          chaptering conflicts prior to final action by the Legislature.

          Staff Comments: It has been five years since a Governor has  
          submitted a five-year infrastructure plan to the Legislature and  
          there is no assurance that one will be provided in the  
          foreseeable future, despite the statutory requirements.  As  
          such, the practical benefits of adding new requirements in the  
          plan and new coordination responsibilities on the SGC are  
          unclear.  

          The SGC's published Strategic Plan 2012-2014, includes an Action  
          Plan comprised of strategies to implement SB 732's  
          sustainability objectives.  In order to successfully incorporate  
          these objectives into infrastructure investment decisions, the  
          Strategic Plan suggests that a working group be developed to  
          review the capital outlay budget proposal process to make  
          recommendations on how planning priorities and sustainability  
          objectives can be more fully integrated into the development of  
          the five-year infrastructure plan administered by the Department  
          of Finance.  The provisions of AB 716 are consistent with the  
          recommendations in the SGC's Strategic Plan.