BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 184 (Committee on Governance and Finance) - Local government:
omnibus bill.
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|Version: April 16, 2015 |Policy Vote: GOV. & F. 6 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: May 11, 2015 |Consultant: Mark McKenzie |
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This bill does not meet the criteria for referral to the
Suspense File.
Bill
Summary: SB 184, the Local Government Omnibus Bill of 2014,
would make numerous non-controversial changes to the laws
governing the powers and duties of local agencies.
Fiscal
Impact:
Potential minor reimbursable mandate costs related to
provisions that eliminate the sunset on releasing subdivision
performance securities. Staff notes that no mandate claims
have been filed in the 10 years that these provisions have
been in statute, so it is unlikely that local agencies would
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submit a reimbursement claim in the future.
The remaining provisions of this bill are expected to have
negligible fiscal impacts.
Background: This bill combines non-controversial changes to seven parts of
state law that affect local agencies and land use. All of the
items have been vetted by interested parties and legislative
staff prior to inclusion in this omnibus measure, and if
opposition arises to any provision at any time, it will be
removed. This can be an efficient approach to enacting numerous
minor, technical, and consensus statutory changes in a single
policy area.
Proposed Law:
SB 184 would make the following changes to local government
laws:
Make seven changes to statutes governing the activities of
county recorders to clean up the codes and to conform state
law to current document recording practices.
Authorize a local legislative body to designate a public
officer or employee (rather than the legislative body itself)
to release or reduce deposits to pay engineers and surveyors
for setting final survey monuments, as specified.
Repeal the January 1, 2016 sunset date on provisions that
require cities and counties to establish uniform procedures
regarding the timing and requirements for releasing
developers' performance security. (see staff comments)
Clarify that the term "auditor" refers to county auditors in
statutes related to the collection of sanitation and sewage
system service and facility fees and charges.
Make eight consensus changes to the California Uniform Public
Construction Cost Accounting Act to clarify provisions and
improve the Act's functionality.
Authorize California Water Districts' governing boards to
delegate the power to sign contracts on the district's behalf
to district officers and employees. Under current law only
the district's president and secretary may execute contracts.
Staff
Comments: Cities and counties often require a developer to
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provide specified types of security, such as bonds or other
credit instruments, to ensure performance of conditions related
to a developer project, such as the installation of street
lighting, sidewalks, and sewer lines. Local governments are
required to release a developer's performance security upon
final completion and acceptance of the work. Until 2006, cities
and counties followed their own policies and procedures for
determining when a project is completed and accepted, whether
there should be a partial release of the performance security,
and the timing of the release. AB 1460 (Umberg), Chapter 411 of
2005, established uniform procedures and time limits for
notification of completion and acceptance of the work, release
of performance security, and partial release of security and
notification in the case of incomplete or unsatisfactory work.
The requirements established by AB 1460 were extended in 2010
and are scheduled to sunset on January 1, 2016.
SB 184 would repeal the sunset date, thereby permanently
extending the uniform procedures and requirements that cities
and counties must follow related to the release of performance
security.
Staff notes that no mandate reimbursement claims have been filed
by local agencies subject to the requirements imposed by AB
1460. It would seem that any costs associated with the
establishment of procedures related to release of performance
security would have occurred nearly ten years ago, making a
future claim for reimbursement highly unlikely.
None of the remaining provisions are expected to have state
fiscal impacts.
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