BILL NUMBER: AB 842 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 23, 2007
AMENDED IN ASSEMBLY MARCH 29, 2007
INTRODUCED BY Assembly Member Jones
(Principal coauthors: Assembly Members DeSaulnier and Lieu)
FEBRUARY 22, 2007
An act to add Section 14522.5 to the Government Code, to amend
Sections 53545 and 53563 of, and to add Section 53545.2 to, the
Health and Safety Code, and to add Section 75066.5 to the
Public Resources Code, relating to local planning.
LEGISLATIVE COUNSEL'S DIGEST
AB 842, as amended, Jones. Regional plans: traffic reduction.
(1) Existing law authorizes the California Transportation
Commission to establish guidelines for the preparation of regional
transportation plans.
This bill would require the commission to update its guidelines
for the preparation of regional transportation plans, including a
requirement that each regional transportation plan provide for a 10%
reduction in the growth increment of vehicle miles traveled.
(2) Existing law, the Housing and Emergency Shelter Trust Fund Act
of 2006, authorizes the issuance of bonds in the amount of
$2,850,000,000 pursuant to the State General Obligation Bond Law.
Proceeds from the sale of these bonds are required to be used to
finance various existing housing programs, capital outlay related to
infill development, brownfield cleanup that promotes infill
development, and housing-related parks. The act establishes the
Housing and Emergency Shelter Trust Fund of 2006 in the State
Treasury, requires the sum of $850,000,000 to be deposited in the
Regional Planning, Housing, and Infill Incentive Account, which the
act establishes in the fund, and makes the money in the account
available, upon appropriation, for infill incentive grants for
capital outlay related to infill housing development and other
related infill development, and for brownfield cleanup that promotes
infill housing development and other related infill development
consistent with regional and local plans, subject to the conditions
and criteria that the Legislature may provide in statute. The act
requires the amount of $300,000,000 to be deposited in the
Transit-Oriented Development Account, which the act establishes in
the fund, for transfer to the Transit-Oriented Development
Implementation Fund, for expenditure, upon appropriation by the
Legislature, pursuant to the Transit-Oriented Development
Implementation Program established under the act.
This bill would require the sum of $300,000,000
an unspecified sum to be made available, upon
appropriation, from the Regional Planning, Housing, and Infill
Incentive Account to the Department of Housing and Community
Development to fund grants to assist agencies of local government in
the planning and production of infill housing. The bill
would limit the grants to councils of governments that provide the
department with a regional land use and transportation planning
document that includes a reduction of the growth increment of vehicle
miles traveled by not less than 10% for the region, and to counties
not within the region of a council of governments that provide the
department with a countywide land use and transportation planning
document that includes a reduction of the growth increment of vehicle
miles traveled by not less than 10% for the county.
The bill would a lso require the
sum of $150,000,000 an unspecified sum to be
allocated from the Transit-Oriented Development Account to the
Transit-Oriented Development Implementation Program, in the amount of
$100,000,000 an unspecified sum for
loans and $50,000,000 an unspecified sum
for grants.
The bill would require the department to limit grants and loans
under the Transit-Oriented Development Implementation Program to
councils of governments and counties that provide the department with
a regional or countywide land use and transportation planning
document that includes a reduction of the growth increment of vehicle
miles traveled by notless than a specified percentage for the region
or county.
(3) The Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Bond Act of 2006 authorizes the
issuance of bonds in the amount of $5,388,000,000 pursuant to the
State General Obligation Bond Law. Proceeds from the sale of these
bonds are required to be used to fund various public resources
projects. Among other things, the act makes available the sum of
$90,000,000 for planning grants and planning incentives, including
revolving loan programs and other methods to encourage the
development of regional and local land use plans that are designed to
promote water conservation, reduce automobile use and fuel
consumption, encourage greater infill and compact development,
protect natural resources and agricultural lands, and revitalize
urban and community centers.
This bill would require the sum of $30,000,000 to be made
available, upon appropriation, pursuant to certain provisions of the
act to councils of governments and counties to fund grants to assist
in the development of regional and countywide land use and
transportation planning documents. The bill would limit the grants to
councils of governments that commit to development of a regional
land use and transportation planning document that includes a
reduction of the growth increment of vehicle miles traveled by not
less than 10% for the region, and to counties not within the region
of a council of governments that commit to development of a
countywide land use and transportation planning document that
includes a reduction of the growth increment of vehicle miles
traveled by not less than 10% for the county.
The bill would require he sum of $60,000,000 to be made available,
upon appropriation, pursuant to certain provisions of the act to the
department to provide loans to cities, counties, and cities and
counties to assist in conforming general plans, zoning ordinances,
and specific project plans to a regional or countywide land use and
transportation planning document that includes a reduction of the
growth increment of vehicle miles traveled by not less than 10% for
the region or county.
The bill would also require the department, in ranking
applications received for infill housing and the Transit-Oriented
Development Implementation Program, to award a substantial preference
to applications for projects that meet specified criteria.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14522.5 is added to the Government Code, to
read:
14522.5. The commission shall update its guidelines for the
preparation of regional transportation plans, including, but not
limited to, a requirement that each regional transportation plan
provide for a 10 percent reduction in the growth increment of vehicle
miles traveled.
SEC. 2. Section 53545 of the Health and Safety Code is amended to
read:
53545. The Housing and Emergency Shelter Trust Fund of 2006 is
hereby created in the State Treasury. The Legislature intends that
the proceeds of bonds deposited in the fund shall be used to fund the
housing-related programs described in this chapter over the course
of the next decade. The proceeds of bonds issued and sold pursuant to
this part for the purposes specified in this chapter shall be
allocated in the following manner:
(a) (1) One billion five hundred million dollars ($1,500,000,000)
to be deposited in the Affordable Housing Account, which is hereby
created in the fund. Notwithstanding Section 13340 of the Government
Code, the money in the account shall be continuously appropriated in
accordance with the following schedule:
(A) (i) Three hundred forty-five million dollars ($345,000,000)
shall be transferred to the Housing Rehabilitation Loan Fund to be
expended for the Multifamily Housing Program authorized by Chapter
6.7 (commencing with Section 50675) of Part 2. The priorities
specified in Section 50675.13 shall apply to the expenditure of funds
pursuant to this clause.
(ii) Fifty million dollars ($50,000,000) shall be transferred to
the Housing Rehabilitation Loan Fund to be expended under the
Multifamily Housing Program authorized by Chapter 6.7 (commencing
with Section 50675) of Part 2 for housing meeting the definitions in
paragraphs (2) and (3) of subdivision (e) of Section 11139.3 of the
Government Code. The department may provide higher per-unit loan
limits as necessary to achieve affordable housing costs to the target
population. Any funds not encumbered for the purposes of this clause
within 30 months of availability shall revert for general use in the
Multifamily Housing Program.
(B) One hundred ninety-five million dollars ($195,000,000) shall
be transferred to the Housing Rehabilitation Loan Fund to be expended
for the Multifamily Housing Program authorized by Chapter 6.7
(commencing with Section 50675) of Part 2, to be used for supportive
housing for individuals and households moving from emergency shelters
or transitional housing or those at risk of homelessness. The
Department of Housing and Community Development shall provide for
higher per-unit loan limits as reasonably necessary to achieve
housing costs affordable to those individuals and households. For
purposes of this subparagraph, "supportive housing" means housing
with no limit on length of stay, that is occupied by the target
population, as defined in subdivision (d) of Section 53260, and that
is linked to onsite or offsite services that assist the tenant to
retain the housing, improve his or her health status, maximize his or
her ability to live, and, when possible, work in the community. The
criteria for selecting projects shall give priority to the following:
(i) Supportive housing for people with disabilities who would
otherwise be at high risk of homelessness where the applications
represent collaboration with programs that meet the needs of the
person's disabilities.
(ii) Projects that demonstrate funding commitments from local
governments for operating subsidies or services funding, or both, for
five years or longer.
(C) One hundred thirty-five million dollars ($135,000,000) shall
be transferred to the fund created by subdivision (b) of Section
50517.5 to be expended for the programs authorized by Chapter 3.2
(commencing with Section 50517.5) of Part 2.
(D) Three hundred million dollars ($300,000,000) shall be
transferred to the Self-Help Housing Fund created by Section 50697.1.
These funds shall be available to the Department of Housing and
Community Development, to be expended for the purposes of enabling
households to become or remain homeowners pursuant to the CalHome
Program authorized by Chapter 6 (commencing with Section 50650) of
Part 2, except ten million dollars ($10,000,000) shall be expended
for construction management under the California Self-Help Housing
Program pursuant to subdivision (b) of Section 50696.
(E) Two hundred million dollars ($200,000,000) shall be
transferred to the Self-Help Housing Fund created by Section 50697.1.
These funds shall be available to the California Housing Finance
Agency, to be expended for the purposes of the California Homebuyer's
Downpayment Assistance Program authorized by Chapter 11 (commencing
with Section 51500) of Part 3. Up to one hundred million dollars
($100,000,000) of these funds may be expended pursuant to subdivision
(b) of Section 51504.
(F) One hundred million dollars ($100,000,000) shall be
transferred to the Affordable Housing Innovation Fund, which is
hereby created in the State Treasury, to be administered by the
Department of Housing and Community Development. Funds shall be
expended for competitive grants or loans to sponsoring entities that
develop, own, lend, or invest in affordable housing and used to
create pilot programs to demonstrate innovative, cost-saving
approaches to creating or preserving affordable housing. Specific
criteria establishing eligibility for and use of the funds shall be
established in statute as approved by a two-thirds vote of each house
of the Legislature. Any funds not encumbered for the purposes set
forth in this subparagraph within 30 months of availability shall
revert to the Self-Help Housing Fund created by Section 50697.1 and
shall be available for the purposes described in subparagraph (D).
(G) One hundred twenty-five million dollars ($125,000,000) shall
be transferred to the Building Equity and Growth in Neighborhoods
Fund to be used for the Building Equity and Growth in Neighborhoods
(BEGIN) Program pursuant to Chapter 14.5 (commencing with Section
50860) of Part 1. Any funds not encumbered for the purposes set forth
in this subparagraph within 30 months of availability shall revert
for general use in the CalHome Program.
(H) Fifty million dollars ($50,000,000) shall be transferred to
the Emergency Housing and Assistance Fund to be distributed in the
form of capital development grants under the Emergency Housing and
Assistance Program authorized by Chapter 11.5 (commencing with
Section 50800) of Part 2 of Division 31. The funds shall be
administered by the Department of Housing and Community Development
in a manner consistent with the restrictions and authorizations
contained in Provision 3 of Item 2240-105-0001 of the Budget Act of
2000, except that any appropriations in that item shall not apply.
The competitive system used by the department shall incorporate
priorities set by the designated local boards and their input as to
the relative merits of submitted applications from within the
designated local board's county in relation to those priorities. In
addition, the funding limitations contained in this section shall not
apply to the appropriation in that budget item.
(2) The Legislature may, from time to time, amend the provisions
of law related to programs to which funds are, or have been,
allocated pursuant to this subdivision for the purpose of improving
the efficiency and effectiveness of the program, or for the purpose
of furthering the goals of the program.
(3) The Bureau of State Audits shall conduct periodic audits to
ensure that bond proceeds are awarded in a timely fashion and in a
manner consistent with the requirements of this subdivision, and that
awardees of bond proceeds are using funds in compliance with
applicable provisions of this subdivision. The first audit shall be
conducted no later than one year from voter approval of this part.
(4) In its annual report to the Legislature, the Department of
Housing and Community Development shall report how funds that were
made available pursuant to this subdivision and allocated in the
prior year were expended. The department shall make the report
available to the public on its Internet Web site.
(b) Eight hundred fifty million dollars ($850,000,000) shall be
deposited in the Regional Planning, Housing, and Infill Incentive
Account, which is hereby created in the fund. Funds in the account
shall be available, upon appropriation by the Legislature, and
subject to such other conditions and criteria as the Legislature may
provide in statute, for the following purposes:
(1) For infill incentive grants for capital outlay related to
infill housing development and other related infill development,
including, but not limited to, all of the following:
(A) No more than two hundred million dollars ($200,000,000) for
park creation, development, or rehabilitation to encourage infill
development.
(B) Water, sewer, or other public infrastructure costs associated
with infill development.
(C) Transportation improvements related to infill development
projects.
(D) Traffic mitigation.
(2) For brownfield cleanup that promotes infill housing
development and other related infill development consistent with
regional and local plans.
(c) Three hundred million dollars ($300,000,000) to be deposited
in the Transit-Oriented Development Account, which is hereby created
in the fund, for transfer to the Transit-Oriented Development
Implementation Fund, for expenditure, upon appropriation by the
Legislature, pursuant to the Transit-Oriented Development
Implementation Program authorized by Part 13 (commencing with Section
53560).
(d) Two hundred million dollars ($200,000,000) shall be deposited
in the Housing Urban-Suburban-and-Rural Parks Account, which is
hereby created in the fund. Funds in the account shall be available
upon appropriation by the Legislature for housing-related parks
grants in urban, suburban, and rural areas, subject to the conditions
and criteria that the Legislature may provide in statute.
SEC. 3. Section 53545.2 is added to the Health and Safety Code, to
read:
53545.2. (a) Upon appropriation, the sum of three
hundred million dollars ($300,000,000) ____ dollars
($____) shall be made available from the Regional Planning,
Housing, and Infill Incentive Account established under subdivision
(b) of Section 53545 to the department to fund grants to assist
agencies of local government in the planning and production of infill
housing. The grants shall be limited to the following:
In ranking applications received pursuant to this
section, the department shall award a substantial
preference to both of the following:
(1) Councils of governments that provide the department with a
regional land use and transportation planning document that includes
a reduction of the growth increment of vehicle miles traveled by not
less than 10 percent for the region.
(2) Counties not within the region of a council of governments
that provide the department with a countywide land use and
transportation planning document that includes a reduction of the
growth increment of vehicle miles traveled by not less than 10
percent for the county.
(1) Applications for projects that are located in a city, county,
or city and county that has adopted a general plan that will reduce
the amount of vehicle miles traveled by at least 10 percent and the
project is consistent with the plan.
(2) Applications for projects that are located in a region covered
by a council of governments that has adopted a transportation plan,
a regional transportation plan, a regional blueprint, or similar
document that will reduce the amount of vehicle miles traveled by at
least 10 percent and the project is consistent with the plan,
blueprint, or similar document.
(b) Upon appropriation, the sum of one hundred fifty
million dollars ($150,000,000) ____ dollars ($____)
shall be allocated from the Transit-Oriented Development
Account established under subdivision (c) of Section 53545 to the
Transit-Oriented Development Implementation Program authorized under
Part 13 (commencing with Section 53560), in the following amounts,
for the following purposes:
(1) One hundred million dollars ($100,000,000)
____ dollars ($____) for loans.
(2) Fifty million dollars ($50,000,000)
____ dollars ($____) for grants.
SEC. 4. Section 53563 of the Health and Safety Code is amended to
read:
53563. (a) In ranking applications pursuant to this part, the
department shall, among other criteria, consider the extent to which
the project or development will increase public transit ridership and
minimize automobile trips.
(b) The department shall also grant bonus points to projects or
developments that are in an area designated by the appropriate
council of governments for infill development as part of a regional
plan.
(c) The department shall limit grants under this part to the
following:
(1) Councils of governments that demonstrate to the department
that the proposed project is consistent with a regional land use and
transportation planning document and will reduce the growth increment
of vehicle miles traveled by not less than 15 percent for the
region.
(2) Counties not within the region of a council of governments
that demonstrate to the department that the proposed project is
consistent with a countywide land use and transportation planning
document and will reduce the growth increment of vehicle miles
traveled by not less than 15 percent for the county.
(d) The department shall limit loans under this part to the
following:
(1) Councils of governments that demonstrate to the department
that the proposed project is consistent with a regional land use and
transportation planning document and will reduce the growth increment
of vehicle miles traveled by not less than 10 percent for the
region.
(2) Counties not within the region of a council of governments
that demonstrate to the department that the proposed project is
consistent with a countywide land use and transportation planning
document and will reduce the growth increment of vehicle miles
traveled by not less than 10 percent for the county.
SEC. 5. Section 75066.5 is added to the Public Resources Code, to
read:
75066.5. (a) Upon appropriation, the sum of thirty million
dollars ($30,000,000) shall be made available pursuant to subdivision
(c) of Section 75065 to councils of governments and counties to fund
grants to assist in the development of regional and countywide land
use and transportation planning documents. The grants shall be
limited to the following:
(1) Councils of governments that commit to development of a
regional land use and transportation planning document that includes
a reduction of the growth increment of vehicle miles traveled by not
less than 10 percent for the region.
(2) Counties not within the region of a council of governments
that commit to development of a countywide land use and
transportation planning document that includes a reduction of the
growth increment of vehicle miles traveled by not less than 10
percent for the county.
(b) Upon appropriation, the sum of sixty million dollars
($60,000,000) shall be made available pursuant to subdivision (c) of
Section 75065 to the Department of Housing and Community Development
to provide loans to cities, counties, and cities and counties to
assist in conforming general plans, zoning ordinances, and specific
project plans to a regional or countywide land use and transportation
planning document that includes a reduction of the growth increment
of vehicle miles traveled by not less than 10 percent for the region
or county.
(c) In ranking applications received pursuant to this section, the
department shall award a substantial preference to both of the
following:
(1) Applications for projects that are located in a city, county,
or city and county that has adopted a general plan that will reduce
the amount of vehicle miles traveled by at least 10 percent and the
project is consistent with the plan.
(2) Applications for projects that are located in a region covered
by a council of governments that has adopted a transportation plan,
a regional transportation plan, a regional blueprint, or similar
document that will reduce the amount of vehicle miles traveled by at
least 10 percent and the project is consistent with the plan,
blueprint, or similar document.
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11. ____