BILL NUMBER: SB 974 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Governance and Finance (Senators
Hertzberg (Chair), Beall, Hernandez, Lara, Moorlach, Nguyen, and
Pavley)
FEBRUARY 8, 2016
An act to amend Section 65302 of the Government Code, to amend
Section 13822 of the Health and Safety Code, to amend Section 22161
of the Public Contract Code, to amend Section 11005.3 of the Revenue
and Taxation Code, and to amend Section 2105 of the Streets and
Highways Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 974, as introduced, Committee on Governance and Finance. Local
government: omnibus.
(1) The Planning and Zoning Law requires the legislative body of a
city or county to adopt a comprehensive, long-term general plan that
includes various elements, including, among others, a safety element
for the protection of the community from unreasonable risks
associated with the effects of various geologic hazards, flooding,
wildland and urban fires, and climate adaptation and resilience
strategies. That law requires that the safety element be reviewed and
updated, in the case of flooding and fire hazards, upon the next
revision of the housing element after specified dates or, in the case
of climate adaptation and resilience strategies, upon either the
next revision of a local hazard mitigation plan after a specified
date or on or before January 1, 2022, as applicable. That law also
requires, after the initial revision of the safety element to address
flooding, fires, and climate adaptation and resilience strategies,
that for each subsequent revision the planning agency review and, if
necessary, revise the safety element to identify new information that
was not available during the previous revision of the safety
element.
This bill would instead require a planning agency to review and
revise the safety element to identify new information, as described
above, only after to address flooding and fires.
(2) The Fire Protection District Law of 1987 establishes a
procedure for the formation of fire protection districts, as
specified. That law provides that a district may be formed by
adoption of a resolution of application by the legislative body of
any county or city which contains territory proposed to be included
in the district.
This bill would make a technical change to these provisions.
(3) Existing law, until January 1, 2025, authorizes the Department
of General Services, the Department of Corrections and
Rehabilitation, and certain local agencies to use the design-build
procurement process for specified public works. Existing law defines
"best value" design-build procurement by local-agencies purposes to
mean a value determined by evaluation of objective criteria that may
include, but are not limited to, price, features, functions,
life-cycle costs, experience, and past performance.
This bill would modify that definition to have the objective
criteria evaluation, instead relate to those specific criteria
(4) The Vehicle License Fee Law establishes, in lieu of any ad
valorem property tax upon vehicles, an annual license fee for any
vehicle subject to registration in this state. Under existing law,
the Controller was, untilnJuly 1, 2011, required to allocate vehicle
license fee revenues in the Motor Vehicle License Fee Account in a
specified order to, among others, each city that was incorporated
before August 5, 2004. Existing law required the Controller to
allocate these revenues in accordance with a specified formula based
on, among other factors, the actual population, as defined, of the
city. In the case of a city that incorporated on or after January 1,
1987, and before August 5, 2004, existing law also requires the
Controller to determine the population of the city as provided based
on, among other factors, the actual population, as defined, of the
city.
This bill would make technical changes to these provisions.
(5) Existing law appropriates moneys in the Highway Users Tax
Account for specified transportation purposes and provides for
apportionment by the Controller of certain moneys, including revenues
derived from taxes imposed by the Use Fuel Tax Law on the use of
fuel, to cities and counties.
This bill would additionally specify that apportionment according
to the above-described formula includes revenues derived from taxes
imposed on the use of liquefied petroleum and natural gas pursuant to
the Use Fuel Tax Law.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) This act shall be known, and may be cited, as the
Local Government Omnibus Act of 2016.
(b) The Legislature finds and declares that Californians want
their governments to be run efficiently and economically and that
public officials should avoid waste and duplication whenever
possible. The Legislature further finds and declares that it desires
to control its own costs by reducing the number of separate bills.
Therefore, it is the intent of the Legislature in enacting this act
to combine several minor, noncontroversial statutory changes relating
to the common theme, purpose, and subject of local government into a
single measure.
SEC. 2. Section 65302 of the Government Code, as amended by
Section 1 of Chapter 608 of the Statutes of 2015, is amended to read:
65302. The general plan shall consist of a statement of
development policies and shall include a diagram or diagrams and text
setting forth objectives, principles, standards, and plan proposals.
The plan shall include the following elements:
(a) A land use element that designates the proposed general
distribution and general location and extent of the uses of the land
for housing, business, industry, open space, including agriculture,
natural resources, recreation, and enjoyment of scenic beauty,
education, public buildings and grounds, solid and liquid waste
disposal facilities, and other categories of public and private uses
of land. The location and designation of the extent of the uses of
the land for public and private uses shall consider the
identification of land and natural resources pursuant to paragraph
(3) of subdivision (d). The land use element shall include a
statement of the standards of population density and building
intensity recommended for the various districts and other territory
covered by the plan. The land use element shall identify and annually
review those areas covered by the plan that are subject to flooding
identified by flood plain mapping prepared by the Federal Emergency
Management Agency (FEMA) or the Department of Water Resources. The
land use element shall also do both of the following:
(1) Designate in a land use category that provides for timber
production those parcels of real property zoned for timberland
production pursuant to the California Timberland Productivity Act of
1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of
Division 1 of Title 5).
(2) Consider the impact of new growth on military readiness
activities carried out on military bases, installations, and
operating and training areas, when proposing zoning ordinances or
designating land uses covered by the general plan for land, or other
territory adjacent to military facilities, or underlying designated
military aviation routes and airspace.
(A) In determining the impact of new growth on military readiness
activities, information provided by military facilities shall be
considered. Cities and counties shall address military impacts based
on information from the military and other sources.
(B) The following definitions govern this paragraph:
(i) "Military readiness activities" mean all of the following:
(I) Training, support, and operations that prepare the men and
women of the military for combat.
(II) Operation, maintenance, and security of any military
installation.
(III) Testing of military equipment, vehicles, weapons, and
sensors for proper operation or suitability for combat use.
(ii) "Military installation" means a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity under
the jurisdiction of the United States Department of Defense as
defined in paragraph (1) of subsection (g) of Section 2687 of Title
10 of the United States Code.
(b) (1) A circulation element consisting of the general location
and extent of existing and proposed major thoroughfares,
transportation routes, terminals, any military airports and ports,
and other local public utilities and facilities, all correlated with
the land use element of the plan.
(2) (A) Commencing January 1, 2011, upon any substantive revision
of the circulation element, the legislative body shall modify the
circulation element to plan for a balanced, multimodal transportation
network that meets the needs of all users of streets, roads, and
highways for safe and convenient travel in a manner that is suitable
to the rural, suburban, or urban context of the general plan.
(B) For purposes of this paragraph, "users of streets, roads, and
highways" mean bicyclists, children, persons with disabilities,
motorists, movers of commercial goods, pedestrians, users of public
transportation, and seniors.
(c) A housing element as provided in Article 10.6 (commencing with
Section 65580).
(d) (1) A conservation element for the conservation, development,
and utilization of natural resources including water and its
hydraulic force, forests, soils, rivers and other waters, harbors,
fisheries, wildlife, minerals, and other natural resources. The
conservation element shall consider the effect of development within
the jurisdiction, as described in the land use element, on natural
resources located on public lands, including military installations.
That portion of the conservation element including waters shall be
developed in coordination with any countywide water agency and with
all district and city agencies, including flood management, water
conservation, or groundwater agencies that have developed, served,
controlled, managed, or conserved water of any type for any purpose
in the county or city for which the plan is prepared. Coordination
shall include the discussion and evaluation of any water supply and
demand information described in Section 65352.5, if that information
has been submitted by the water agency to the city or county.
(2) The conservation element may also cover all of the following:
(A) The reclamation of land and waters.
(B) Prevention and control of the pollution of streams and other
waters.
(C) Regulation of the use of land in stream channels and other
areas required for the accomplishment of the conservation plan.
(D) Prevention, control, and correction of the erosion of soils,
beaches, and shores.
(E) Protection of watersheds.
(F) The location, quantity and quality of the rock, sand, and
gravel resources.
(3) Upon the next revision of the housing element on or after
January 1, 2009, the conservation element shall identify rivers,
creeks, streams, flood corridors, riparian habitats, and land that
may accommodate floodwater for purposes of groundwater recharge and
stormwater management.
(e) An open-space element as provided in Article 10.5 (commencing
with Section 65560).
(f) (1) A noise element that shall identify and appraise noise
problems in the community. The noise element shall analyze and
quantify, to the extent practicable, as determined by the legislative
body, current and projected noise levels for all of the following
sources:
(A) Highways and freeways.
(B) Primary arterials and major local streets.
(C) Passenger and freight online railroad operations and ground
rapid transit systems.
(D) Commercial, general aviation, heliport, helistop, and military
airport operations, aircraft overflights, jet engine test stands,
and all other ground facilities and maintenance functions related to
airport operation.
(E) Local industrial plants, including, but not limited to,
railroad classification yards.
(F) Other ground stationary noise sources, including, but not
limited to, military installations, identified by local agencies as
contributing to the community noise environment.
(2) Noise contours shall be shown for all of these sources and
stated in terms of community noise equivalent level (CNEL) or
day-night average sound level (Ldn). The noise contours shall be
prepared on the basis of noise monitoring or following generally
accepted noise modeling techniques for the various sources identified
in paragraphs (1) to (6), inclusive.
(3) The noise contours shall be used as a guide for establishing a
pattern of land uses in the land use element that minimizes the
exposure of community residents to excessive noise.
(4) The noise element shall include implementation measures and
possible solutions that address existing and foreseeable noise
problems, if any. The adopted noise element shall serve as a
guideline for compliance with the state's noise insulation standards.
(g) (1) A safety element for the protection of the community from
any unreasonable risks associated with the effects of seismically
induced surface rupture, ground shaking, ground failure, tsunami,
seiche, and dam failure; slope instability leading to mudslides and
landslides; subsidence; liquefaction; and other seismic hazards
identified pursuant to Chapter 7.8 (commencing with Section 2690) of
Division 2 of the Public Resources Code, and other geologic hazards
known to the legislative body; flooding; and wildland and urban
fires. The safety element shall include mapping of known seismic and
other geologic hazards. It shall also address evacuation routes,
military installations, peakload water supply requirements, and
minimum road widths and clearances around structures, as those items
relate to identified fire and geologic hazards.
(2) The safety element, upon the next revision of the housing
element on or after January 1, 2009, shall also do the following:
(A) Identify information regarding flood hazards, including, but
not limited to, the following:
(i) Flood hazard zones. As used in this subdivision, "flood hazard
zone" means an area subject to flooding that is delineated as either
a special hazard area or an area of moderate or minimal hazard on an
official flood insurance rate map issued by the Federal Emergency
Management Agency (FEMA). The identification of a flood hazard zone
does not imply that areas outside the flood hazard zones or uses
permitted within flood hazard zones will be free from flooding or
flood damage.
(ii) National Flood Insurance Program maps published by FEMA.
(iii) Information about flood hazards that is available from the
United States Army Corps of Engineers.
(iv) Designated floodway maps that are available from the Central
Valley Flood Protection Board.
(v) Dam failure inundation maps prepared pursuant to Section
8589.5 that are available from the Office of Emergency Services.
(vi) Awareness Floodplain Mapping Program maps and 200-year flood
plain maps that are or may be available from, or accepted by, the
Department of Water Resources.
(vii) Maps of levee protection zones.
(viii) Areas subject to inundation in the event of the failure of
project or nonproject levees or floodwalls.
(ix) Historical data on flooding, including locally prepared maps
of areas that are subject to flooding, areas that are vulnerable to
flooding after wildfires, and sites that have been repeatedly damaged
by flooding.
(x) Existing and planned development in flood hazard zones,
including structures, roads, utilities, and essential public
facilities.
(xi) Local, state, and federal agencies with responsibility for
flood protection, including special districts and local offices of
emergency services.
(B) Establish a set of comprehensive goals, policies, and
objectives based on the information identified pursuant to
subparagraph (A), for the protection of the community from the
unreasonable risks of flooding, including, but not limited to:
(i) Avoiding or minimizing the risks of flooding to new
development.
(ii) Evaluating whether new development should be located in flood
hazard zones, and identifying construction methods or other methods
to minimize damage if new development is located in flood hazard
zones.
(iii) Maintaining the structural and operational integrity of
essential public facilities during flooding.
(iv) Locating, when feasible, new essential public facilities
outside of flood hazard zones, including hospitals and health care
facilities, emergency shelters, fire stations, emergency command
centers, and emergency communications facilities or identifying
construction methods or other methods to minimize damage if these
facilities are located in flood hazard zones.
(v) Establishing cooperative working relationships among public
agencies with responsibility for flood protection.
(C) Establish a set of feasible implementation measures designed
to carry out the goals, policies, and objectives established pursuant
to subparagraph (B).
(3) Upon the next revision of the housing element on or after
January 1, 2014, the safety element shall be reviewed and updated as
necessary to address the risk of fire for land classified as state
responsibility areas, as defined in Section 4102 of the Public
Resources Code, and land classified as very high fire hazard severity
zones, as defined in Section 51177. This review shall consider the
advice included in the Office of Planning and Research's most recent
publication of "Fire Hazard Planning, General Plan Technical Advice
Series" and shall also include all of the following:
(A) Information regarding fire hazards, including, but not limited
to, all of the following:
(i) Fire hazard severity zone maps available from the Department
of Forestry and Fire Protection.
(ii) Any historical data on wildfires available from local
agencies or a reference to where the data can be found.
(iii) Information about wildfire hazard areas that may be
available from the United States Geological Survey.
(iv) General location and distribution of existing and planned
uses of land in very high fire hazard severity zones and in state
responsibility areas, including structures, roads, utilities, and
essential public facilities. The location and distribution of planned
uses of land shall not require defensible space compliance measures
required by state law or local ordinance to occur on publicly owned
lands or open space designations of homeowner associations.
(v) Local, state, and federal agencies with responsibility for
fire protection, including special districts and local offices of
emergency services.
(B) A set of goals, policies, and objectives based on the
information identified pursuant to subparagraph (A) for the
protection of the community from the unreasonable risk of wildfire.
(C) A set of feasible implementation measures designed to carry
out the goals, policies, and objectives based on the information
identified pursuant to subparagraph (B) including, but not limited
to, all of the following:
(i) Avoiding or minimizing the wildfire hazards associated with
new uses of land.
(ii) Locating, when feasible, new essential public facilities
outside of high fire risk areas, including, but not limited to,
hospitals and health care facilities, emergency shelters, emergency
command centers, and emergency communications facilities, or
identifying construction methods or other methods to minimize damage
if these facilities are located in a state responsibility area or
very high fire hazard severity zone.
(iii) Designing adequate infrastructure if a new development is
located in a state responsibility area or in a very high fire hazard
severity zone, including safe access for emergency response vehicles,
visible street signs, and water supplies for structural fire
suppression.
(iv) Working cooperatively with public agencies with
responsibility for fire protection.
(D) If a city or county has adopted a fire safety plan or document
separate from the general plan, an attachment of, or reference to, a
city or county's adopted fire safety plan or document that fulfills
commensurate goals and objectives and contains information required
pursuant to this paragraph.
(4) Upon the next revision of a local hazard mitigation plan,
adopted in accordance with the federal Disaster Mitigation Act of
2000 (Public Law 106-390), on or after January 1, 2017, or, if a
local jurisdiction has not adopted a local hazard mitigation plan,
beginning on or before January 1, 2022, the safety element shall be
reviewed and updated as necessary to address climate adaptation and
resiliency strategies applicable to the city or county. This review
shall consider advice provided in the Office of Planning and Research'
s General Plan Guidelines and shall include all of the following:
(A) (i) A vulnerability assessment that identifies the risks that
climate change poses to the local jurisdiction and the geographic
areas at risk from climate change impacts, including, but not limited
to, an assessment of how climate change may affect the risks
addressed pursuant to paragraphs (2) and (3).
(ii) Information that may be available from federal, state,
regional, and local agencies that will assist in developing the
vulnerability assessment and the adaptation policies and strategies
required pursuant to subparagraph (B), including, but not limited to,
all of the following:
(I) Information from the Internet-based Cal-Adapt tool.
(II) Information from the most recent version of the California
Adaptation Planning Guide.
(III) Information from local agencies on the types of assets,
resources, and populations that will be sensitive to various climate
change exposures.
(IV) Information from local agencies on their current ability to
deal with the impacts of climate change.
(V) Historical data on natural events and hazards, including
locally prepared maps of areas subject to previous risk, areas that
are vulnerable, and sites that have been repeatedly damaged.
(VI) Existing and planned development in identified at-risk areas,
including structures, roads, utilities, and essential public
facilities.
(VII) Federal, state, regional, and local agencies with
responsibility for the protection of public health and safety and the
environment, including special districts and local offices of
emergency services.
(B) A set of adaptation and resilience goals, policies, and
objectives based on the information specified in subparagraph (A) for
the protection of the community.
(C) A set of feasible implementation measures designed to carry
out the goals, policies, and objectives identified pursuant to
subparagraph (B) including, but not limited to, all of the following:
(i) Feasible methods to avoid or minimize climate change impacts
associated with new uses of land.
(ii) The location, when feasible, of new essential public
facilities outside of at-risk areas, including, but not limited to,
hospitals and health care facilities, emergency shelters, emergency
command centers, and emergency communications facilities, or
identifying construction methods or other methods to minimize damage
if these facilities are located in at-risk areas.
(iii) The designation of adequate and feasible infrastructure
located in an at-risk area.
(iv) Guidelines for working cooperatively with relevant local,
regional, state, and federal agencies.
(v) The identification of natural infrastructure that may be used
in adaptation projects, where feasible. Where feasible, the plan
shall use existing natural features and ecosystem processes, or the
restoration of natural features and ecosystem processes, when
developing alternatives for consideration. For the purposes of this
clause, "natural infrastructure" means the preservation or
restoration of ecological systems, or utilization of engineered
systems that use ecological processes, to increase resiliency to
climate change, manage other environmental hazards, or both. This may
include, but is not limited to, floodplain and wetlands restoration
or preservation, combining levees with restored natural systems to
reduce flood risk, and urban tree planting to mitigate high heat
days.
(D) (i) If a city or county has adopted the local hazard
mitigation plan, or other climate adaptation plan or document that
fulfills commensurate goals and objectives and contains the
information required pursuant to this paragraph, separate from the
general plan, an attachment of, or reference to, the local hazard
mitigation plan or other climate adaptation plan or document.
(ii) Cities or counties that have an adopted hazard mitigation
plan, or other climate adaptation plan or document that substantially
complies with this section, or have substantially equivalent
provisions to this subdivision in their general plans, may use that
information in the safety element to comply with this subdivision,
and shall summarize and incorporate by reference into the safety
element the other general plan provisions, climate adaptation plan or
document, specifically showing how each requirement of this
subdivision has been met.
(5) After the initial revision of the safety element pursuant to
paragraphs (2), (3), and (4) (2) and (3),
upon each revision of the housing element, the planning agency
shall review and, if necessary, revise the safety element to identify
new information that was not available during the previous revision
of the safety element.
(6) Cities and counties that have flood plain management
ordinances that have been approved by FEMA that substantially comply
with this section, or have substantially equivalent provisions to
this subdivision in their general plans, may use that information in
the safety element to comply with this subdivision, and shall
summarize and incorporate by reference into the safety element the
other general plan provisions or the flood plain ordinance,
specifically showing how each requirement of this subdivision has
been met.
(7) Prior to the periodic review of its general plan and prior to
preparing or revising its safety element, each city and county shall
consult the California Geological Survey of the Department of
Conservation, the Central Valley Flood Protection Board, if the city
or county is located within the boundaries of the Sacramento and San
Joaquin Drainage District, as set forth in Section 8501 of the Water
Code, and the Office of Emergency Services for the purpose of
including information known by and available to the department, the
agency, and the board required by this subdivision.
(8) To the extent that a county's safety element is sufficiently
detailed and contains appropriate policies and programs for adoption
by a city, a city may adopt that portion of the county's safety
element that pertains to the city's planning area in satisfaction of
the requirement imposed by this subdivision.
SEC. 3. Section 13822 of the Health and Safety Code is amended to
read:
13822. Once the chief petitioners have filed a sufficient
petition or a legislative body has filed a resolution or
of application, the local agency formation
commission shall proceed pursuant to Chapter 5 (commencing with
Section 56825) of Part 3 of Division 3 of Title 5 of the Government
Code.
SEC. 4. Section 22161 of the Public Contract Code, as amended by
Section 2 of Chapter 715 of the Statutes of 2015, is amended to read:
22161. For purposes of this chapter, the following definitions
apply:
(a) "Best value" means a value determined by evaluation of
objective criteria that may include, but not be limited
relate to price, features, functions, life-cycle
costs, experience, and past performance. A best value determination
may involve the selection of the lowest cost proposal meeting the
interests of the local agency and meeting the objectives of the
project, selection of the best proposal for a stipulated sum
established by the procuring agency, or a tradeoff between price and
other specified factors.
(b) "Construction subcontract" means each subcontract awarded by
the design-build entity to a subcontractor that will perform work or
labor or render service to the design-build entity in or about the
construction of the work or improvement, or a subcontractor licensed
by the State of California that, under subcontract to the
design-build entity, specially fabricates and installs a portion of
the work or improvement according to detailed drawings contained in
the plans and specifications produced by the design-build team.
(c) "Design-build" means a project delivery process in which both
the design and construction of a project are procured from a single
entity.
(d) "Design-build entity" means a corporation, limited liability
company, partnership, joint venture, or other legal entity that is
able to provide appropriately licensed contracting, architectural,
and engineering services as needed pursuant to a design-build
contract.
(e) "Design-build team" means the design-build entity itself and
the individuals and other entities identified by the design-build
entity as members of its team. Members shall include the general
contractor and, if utilized in the design of the project, all
electrical, mechanical, and plumbing contractors.
(f) "Local agency" means the following:
(1) A city, county, or city and county.
(2) A special district that operates wastewater facilities, solid
waste management facilities, water recycling facilities, or fire
protection facilities.
(3) Any transit district, included transit district, municipal
operator, included municipal operator, any consolidated agency, as
described in Section 132353.1 of the Public Utilities Code, any joint
powers authority formed to provide transit service, any county
transportation commission created pursuant to Section 130050 of the
Public Utilities Code, or any other local or regional agency,
responsible for the construction of transit projects.
(4) The San Diego Association of Governments, as referenced in the
San Diego Regional Transportation Consolidation Act (Chapter 3
(commencing with Section 132350) of Division 12.7 of the Public
Utilities Code).
(g) (1) For a local agency defined in paragraph (1) of subdivision
(f), "project" means the construction of a building or buildings and
improvements directly related to the construction of a building or
buildings, county sanitation wastewater treatment facilities, and
park and recreational facilities, but does not include the
construction of other infrastructure, including, but not limited to,
streets and highways, public rail transit, or water resources
facilities and infrastructure. For a local agency defined in
paragraph (1) of subdivision (f) that operates wastewater facilities,
solid waste management facilities, or water recycling facilities,
"project" also means the construction of regional and local
wastewater treatment facilities, regional and local solid waste
facilities, or regional and local water recycling facilities.
(2) For a local agency defined in paragraph (2) of subdivision
(f), "project" means the construction of regional and local
wastewater treatment facilities, regional and local solid waste
facilities, regional
and local water recycling facilities, or fire protection facilities.
(3) For a local agency defined in paragraph (3) of subdivision
(f), "project" means a transit capital project that begins a project
solicitation on or after January 1, 2015. A "project," as defined by
this paragraph, that begins the solicitation process before January
1, 2015, is subject to Article 6.8 (commencing with Section 20209.5)
of Chapter 1. "Project," as defined by this paragraph, does not
include state highway construction or local street and road projects.
(4) For a local agency defined in paragraph (4) of subdivision
(f), "project" has the same meaning as in paragraph (3), and in
addition shall include development projects adjacent, or physically
or functionally related, to transit facilities developed or jointly
developed by the local agency.
SEC. 5. Section 11005.3 of the Revenue and Taxation Code is
amended to read:
11005.3. (a) In the case of a city that incorporated on or after
January 1, 1987, and before August 5, 2004, the Controller shall
determine that the population of the city for its first 10 full
fiscal years, and any portion of the first year in which the
incorporation is effective if less than a full fiscal year, is the
greater of either:
(1) The number of registered voters in the city multiplied by
three. The number of registered voters shall be calculated as of the
effective date of the incorporation of the city.
(2) The actual population, as defined in subdivision (e)
(d) .
(b) In the case of a city that incorporated on or after January 1,
1987, and before August 5, 2004, and for which the application for
incorporation was filed with the executive officer of the local
agency formation commission pursuant to subdivision (a) of Section
56828 of the Government Code on or after January 1, 1991, the
Controller shall determine that the population of the city for its
first seven full fiscal years, and any portion of the first year in
which the incorporation is effective if less than a full fiscal year,
is the greater of either:
(1) The number of registered voters in the city multiplied by
three. The number of registered voters shall be calculated as of the
effective date of the incorporation of the city.
(2) The actual population, as defined in subdivision (e).
(d).
(c) In the case of a city that was incorporated from
unincorporated territory after August 5, 2004, the Controller shall
determine the population of the city as follows:
(1) For its first 12 months, 150 percent of the city's actual
population.
(2) For its 13th through 24th months, 140 percent of the city's
actual population.
(3) For its 25th through 36th months, 130 percent of the city's
actual population.
(4) For its 37th through 48th months, 120 percent of the city's
actual population.
(5) For its 49th through 60th months, 110 percent of the city's
actual population.
(6) After its 60th month, the city's actual population.
(d) For purposes of this section, "actual population" means the
population determined by the last federal decennial or special
census, or a subsequent census validated by the Demographic Research
Unit of the Department of Finance or subsequent estimate prepared
pursuant to Section 2107.2 of the Streets and Highways Code.
(e) In the case of unincorporated territory being annexed to a
city, during the 10-year, seven-year, or five-year period following
incorporation, as the case may be, subsequent to the last federal
census, or a subsequent census validated by the Demographic Research
Unit of the Department of Finance, the unit shall determine the
population of the annexed territory by the use of any federal
decennial or special census or any estimate prepared pursuant to
Section 2107.2 of the Streets and Highways Code. The population of
the annexed territory as determined by the Demographic Research Unit
shall be added to the city's population as previously determined by
the Controller pursuant to paragraph (1) or (2) of subdivision (a),
paragraph (1) or (2) of subdivision (b), or subdivision (c), as
applicable.
(f) After the 10-year, seven-year, or five-year period following
incorporation, as the case may be, the Controller shall determine the
population of the city as the city's actual population, as defined
in subdivision (d).
(g) The amendments made to this section by the act adding this
subdivision shall not apply with respect to either of the following:
(1) Any city that has adopted an ordinance or resolution, approved
a ballot measure, or is subject to a consent decree or court order,
that annually limits the number of housing units that may be
constructed within the city.
(2) Any city that has not prepared and adopted a housing element
in compliance with Section 65585 of the Government Code.
(h) This section shall become operative July 1, 1991.
SEC. 6. Section 2105 of the Streets and Highways Code is amended
to read:
2105. Notwithstanding Section 13340 of the Government Code, in
addition to the apportionments prescribed by Sections 2104, 2106, and
2107, from the revenues derived from a per gallon tax imposed
pursuant to Section 7360 of the Revenue and Taxation Code, and a per
gallon tax imposed pursuant to Section 8651
Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation
Code, and a per gallon tax imposed pursuant to Sections 60050 and
60115 of the Revenue and Taxation Code, the following apportionments
shall be made:
(a) A sum equal to 1.035 cents ($0.01035) per gallon from the tax
under Section 7360 of the Revenue and Taxation Code, 11.5 percent of
any per gallon tax in excess of nine cents ($0.09) per gallon under
Section 8651 Sections 8651, 8651.5, and
8651.6 of the Revenue and Taxation Code, and 1.035 cents
($0.01035) per gallon from the tax under Sections 60050 and 60115 of
the Revenue and Taxation Code, shall be apportioned among the
counties, including a city and county.
The amount of apportionment to each county, including a city and
county, during a fiscal year shall be calculated as follows:
(1) One million dollars ($1,000,000) for apportionment to all
counties, including a city and county, in proportion to each county's
receipts during the prior fiscal year under Sections 2104 and 2106.
(2) One million dollars ($1,000,000) for apportionment to all
counties, including a city and county, as follows:
(A) Seventy-five percent in the proportion that the number of
fee-paid and exempt vehicles which are registered in the county bears
to the number of fee-paid and exempt vehicles registered in the
state.
(B) Twenty-five percent in the proportion that the number of miles
of maintained county roads in the county bears to the miles of
maintained county roads in the state.
(3) For each county, determine its factor which is the higher
amount calculated pursuant to paragraph (1) or (2) divided by the sum
of the higher amounts for all of the counties.
(4) The amount to be apportioned to each county is equal to its
factor multiplied by the amount available for apportionment.
(b) A sum equal to 1.035 cents ($0.01035) per gallon from the tax
under Section 7360 of the Revenue and Taxation Code, 11.5 percent of
any per gallon tax in excess of nine cents ($0.09) per gallon under
Section 8651 of the Revenue and Taxation Code, and 1.035 cents
($0.01035) per gallon from the tax under Sections 60050 and 60115 of
the Revenue and Taxation Code, shall be apportioned to cities,
including a city and county, in the proportion that the total
population of the city bears to the total population of all the
cities in the state.
(c) (1) Transfers of revenues from the Highway Users Tax Account
to counties or cities pursuant to this section collected during the
months of March, April, May, June, and July of 2008, shall be made
with the transfer of August 2008 revenues in September of 2008. This
suspension shall not apply to a county with a population of less than
40,000.
(2) For the purpose of meeting the cash obligations associated
with ongoing budgeted costs, a city or county may make use of any
cash balance in the city account that is designated for the receipt
of state funds allocated for local streets and roads or the county
road fund, including that resulting from the receipt of funds
pursuant to the Highway Safety, Traffic Reduction, Air Quality, and
Port Security Bond Act of 2006 (Chapter 12.49 (commencing with
Section 8879.20) of Division 1 of Title 2 of the Government Code
(hereafter bond act)) for local streets and roads maintenance, during
the period of this suspension, without the use of this cash being
reflected as an expenditure of bond act funds, provided the cash is
replaced once this suspension is repaid in September of 2008.
Counties and cities may accrue the revenue received in September 2008
as repayment of these suspensions for the months of April, May, and
June of 2008 back to the 2007-08 fiscal year. Nothing in this
paragraph shall change the fact that expenditures must be accrued and
reflected from the appropriate funding sources for which the moneys
were received and meet all the requirements of those funding sources.
(d) (1) The transfer of revenues from the Highway Users Tax
Account to counties or cities pursuant to this section collected
during the months of January, February, and March 2009 shall be made
with the transfer of April 2009 revenues in May 2009.
(2) For the purpose of meeting the cash obligations associated
with ongoing budgeted costs, a city or county may make use of any
cash balance in the city account that is designated for the receipt
of state funds allocated for local streets and roads or the county
road fund, including that resulting from the receipt of funds
pursuant to the Highway Safety, Traffic Reduction, Air Quality, and
Port Security Bond Act of 2006 (Chapter 12.49 (commencing with
Section 8879.20) of Division 1 of Title 2 of the Government Code
(bond act)) for local streets and roads maintenance, during the
period of this suspension, and the use of this cash shall not be
considered as an expenditure of bond act funds, if the cash is
replaced when the payments that are suspended pursuant to this
subdivision are repaid in May 2009.
(3) This subdivision shall not affect any requirement that an
expenditure is required to be accrued and reflected from the
appropriate funding source for which the money was received and to
meet all the requirements of its funding source.