BILL ANALYSIS
AB 133
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Date of Hearing: January 13, 2010
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Anna Marie Caballero, Chair
AB 133 (Smyth) - As Amended: January 4, 2010
SUBJECT : Subdivisions: major thoroughfares.
SUMMARY : Expands the use for which a fee charged by Los Angeles
County (LA County)
in the unincorporated areas as a condition of final map approval
or building permit issuance to defray the cost of constructing
bridges or major thoroughfares to include additional costs.
Specifically, this bill :
1)Expands the use for which a fee charged by LA County in the
unincorporated areas as a condition of final map approval or
building permit issuance to defray the cost of constructing
bridges or major thoroughfares to include additional costs.
2)Defines the term "construction," for bridge or major
thoroughfares built with the fees charged under this section
for the unincorporated areas of LA County, to include design,
acquisition, of rights-of-way, and actual construction,
including, but not limited to, all direct and indirect
environmental, engineering, accounting, legal, administration
of construction contracts, and other services necessary
therefore.
3)States that the term "construction," for bridge or major
thoroughfares built with the fees charged under this section
for the unincorporated areas of LA County, also includes
reasonable administrative expenses as defined.
4)States that for the purposes of LA County only, the term
"construction" shall only include design, acquisition of
rights-of-way, administration of construction contracts, and
actual construction if the area of benefit includes both a
city or a portion thereof and adjacent portions of
unincorporated area, and if all of the bridge and major
thoroughfare project improvements lie within the boundaries of
the city.
EXISTING LAW :
AB 133
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1)Authorizes a local agency to require the payment of a fee as a
condition of approval of a final map or as a condition of
issuing a building permit for the purposes of defraying the
actual or estimated cost of constructing bridges or major
thoroughfares if specific conditions are met.
2)Provides that if the benefit area of a bridge fund is one in
which more than one bridge is required to be constructed, a
fund may be established that covers all of the bridge projects
in that area.
3)Defines "construction" to include design, acquisition of
rights-of-way, administration of construction contracts, and
actual construction.
4)Defines the term "construction," for bridge or major
thoroughfares built with the fees charged under this section
for the unincorporated areas of San Diego and Orange Counties,
to include design, acquisition, of rights-of-way, and actual
construction, including, but not limited to, all direct and
indirect environmental, engineering, accounting, legal,
administration of construction contracts, and other services
necessary therefore.
5)States that the term "construction," for bridge or major
thoroughfares built with the fees charged under this section
for the unincorporated areas of San Diego and Orange Counties,
also includes reasonable administrative expenses as defined.
FISCAL EFFECT : None
COMMENTS :
1)Exiting law limits the use of Bridge & Major Thoroughfare
(B&T) District fees to construction purposes. The term
construction is defined to include design, acquisition of
right-of-way, administration of construction, and actual
construction. The term for unincorporated San Diego and
Orange Counties also includes all direct and indirect
environmental, engineering, accounting, legal, administration
of construction contracts, and other services necessary
therefore.
2)According to the sponsor, Los Angeles County, since this
expanded list of construction terms does not apply to LA
AB 133
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County, the general administrative accounting and legal costs
for
LA County's six B&T Districts must be financed by its Road
Fund's Master Plan of Highways Program. LA County reports
that recent state budget issues have resulted in delays and/or
cuts in revenue sources that are directed to its Road Fund.
This has limited
LA County's ability to effectively manage its six B&T Districts.
AB 133 would allow a single fund for multiple projects in a
benefit area.
REGISTERED SUPPORT / OPPOSITION :
Support
Los Angeles County [SPONSOR]
Opposition
None on file
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958