BILL ANALYSIS
AB 133
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 133 (Smyth)
As Amended May 20, 2010
Majority vote
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|ASSEMBLY: |71-0 |(January 19, |SENATE: |33-0 |(June 17, |
| | |2010) | | |2010) |
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Original Committee Reference: L. GOV.
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.
The Senate amendments clarify that for the purposes of LA County
only, the term "construction" includes 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 in either of the following
circumstances:
1)The area of benefit includes, and all of the bridge and major
thoroughfare project improvements lie within, both a city or a
portion of a city and adjacent portions of unincorporated
area; or,
2)All of the area of benefit and all of the bridge and major
thoroughfare project improvements lie completely within the
boundaries of a city.
EXISTING LAW :
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.
AB 133
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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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Expanded 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)Defined 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)Stated 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)Stated 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
AB 133
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thoroughfare project improvements lie within the boundaries of
the city.
FISCAL EFFECT : None
COMMENTS : 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. This bill
allows LA County and the City of Santa Clarita to use this same
definition for construction to pay for some its administrative
costs with bridge and major thoroughfare fees.
According to the sponsor, LA County, since this expanded list of
construction terms does not apply to LA 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.
This bill would allow a single fund for multiple projects in a
benefit area.
Support arguments: By segregating these costs to projects that
benefit from administrative spending, this bill shifts some of
the cost burden away from countywide and citywide gas tax
revenues.
Opposition arguments: None at this time.
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958 FN:
0004914