BILL ANALYSIS
AB 596
Page 1
Date of Hearing: April 29, 2009
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Anna Marie Caballero, Chair
AB 596 (Evans) - As Amended: April 23, 2009
SUBJECT : Community planning grants.
SUMMARY : Establishes the Community Planning Grant and Loan
Fund and authorizes the Strategic Growth Council (Council) to
expend the revenues in the Fund, upon appropriation by the
Legislature, to carry out the Community Planning Grant and Loan
Program established under this measure. Specifically, this
bill :
1)Makes Legislative findings and declarations stating that local
planning decisions play a critical role not only in
implementing the state's climate change goals, but also goals
related to infrastructure development, open space and farmland
protection, affordable housing, ground and surface water
quality, and coastal protection.
2)Makes Legislative findings and declarations that the state has
an interest in ensuring that local planning processes are well
funded and have the opportunity to address new state goals.
3)Establishes the Community Planning Grant and Loan Fund (Fund)
in the State Treasury.
4)Provides that monies may be expended by the Council, upon
appropriation by the Legislature, to carry out the Community
Planning Grant and Loan Program (Program)
5)Requires the Council to manage and award grants and loans from
funds made available from the Program.
6)Establishes, under the Council, the Local Advisory Committee
(LAC).
7)Specifies that the LAC be comprised of two representatives
recommended by the League of California Cities, two
representatives recommended by the County Supervisors
Association of California, and the director of the Governor's
Office on Planning and Research (OPR).
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8)Requires the Council to do all of the following:
a) Receive recommendations from LAC to ensure that
achieving the goals of the program is balanced with local
needs and autonomy;
b) Develop guidelines for awarding financial assistance,
including criteria for eligibility and additional
consideration;
c) Develop criteria for determining the amount of financial
assistance to be awarded;
d) Provide for the recovery of funds from an applicant that
fails to complete the project for which financial
assistance was awarded; and,
e) Provide technical assistance for application
preparation.
9)Defines "community planning" as the adoption or improved
capacity or public engagement related to a general plan,
specific plan, zoning ordinance, or an amendment to any of
these documents by a city, county, or city and county.
10)Requires the Council, through the Program, to expend the
money in the Fund to provide competitive grants and loans for
community planning projects that would improve the
sustainability and livability of California's communities by
reducing communities' contribution to global warming,
including, but not limited to, projects for any of the
following:
a) Adopting form-based codes;
b) Using technology to improve planning capacity;
c) Increasing the supply of affordable housing;
d) Planning for public transit improvements;
e) Revitalizing urban centers; or,
f) Establishing public engagement processes, including
charettes, environmental planning, and other planning
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processes.
11)Requires the Council to provide an annual report to the
Legislature regarding the grant and loan Program.
12)Specifies that OPR may expend up to 5% of any monies
appropriated to the Fund for costs in administering the
program.
EXISTING LAW :
1)Establishes the Council that is required to take actions with
regard to coordinating programs of member state agencies to
improve air and water quality, improve natural resource
protection, increase the availability of affordable housing,
improve transportation, meet the goals of the California
Global Warming Solutions Act of 2006, encourage sustainable
land use planning, and revitalize urban and community centers
in a sustainable manner.
2)Specifies that the Council consist of the Director of OPR, the
Secretary of the Resources Agency, the Secretary for
Environmental Protection, the Secretary of Business,
Transportation, and Housing, the Secretary of California
Health and Human Services, and one member of the public to be
appointed by the Governor.
3)Requires the Council to manage and award grants and loans to
support the planning and development of sustainable
communities.
4)Directs the Council to manage and award financial assistance
to a council of governments (COGs), regional transportation
planning agency, a city, county, or joint powers agency for
preparing, adopting, and implementing a regional plan or other
planning instrument consistent with a regional plan that
improves air and water quality, improves natural resource
protection, increases the availability of affordable housing,
improves transportation, meets the goals of AB 32, and
encourages sustainable land use.
5)Specifies that financial assistance for these general and
regional plans shall be funded by the $90 million in
Proposition 84 bond funds allocated for regional and local
land use plans.
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6)Directs the Council to give first priority for financial
assistance to applications seeking to add or enhance elements
of regional plans not funded with federal moneys.
7)Directs the Council to manage and award financial assistance
to a city, county, or nonprofit organization for preparing,
planning, and implementing urban greening projects that
provide multiple benefits, as specified, and are not
mitigation actions required under existing law.
8)Specifies that this financial assistance shall be funded by
the $90 million in Proposition 84 funds allocated for urban
greening projects.
9)Allows up to 25% of the moneys allocated for urban greening by
Proposition 84 to be used to award revolving loans or grants
to a COG, countywide authority, metropolitan planning
organization, local government, or nonprofit organization for
the purpose of creating urban greening plans.
FISCAL EFFECT : Unknown
COMMENTS :
1)Last year, the Legislature passed SB 732 (Steinberg), Chapter
729, Statutes of 2008, which established the Strategic Growth
Council whose charge is to take actions with regard to
coordinating programs of member state agencies to improve air
and water quality, improve natural resource protection,
increase the availability of affordable housing, improve
transportation, meet the goals of the California Global
Warming Solutions Act of 2006, encourage sustainable land use
planning, and revitalize urban and community centers in a
sustainable manner. SB 732 also provided funding, from
Proposition 84, to local governments for the purposes of
preparing, adopting, and implementing a regional plan that
improves air and water quality, improves natural resource
protection, increases the availability of affordable housing,
improves transportation, meets the goals of AB 32, and
encourages sustainable land use. However, the planning monies
available through SB 732 are specific to the creation of
regional plans.
2)In order for a local government to stay current on the needs
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of their communities and address the state's growing planning
and infrastructure needs, an on going funding source for local
level planning is needed. AB 596 establishes the Community
Planning Grant and Loan Program to provide competitive grants
and loans for local planning projects that are consistent with
the state's infrastructure, climate, affordable housing, and
open-space goals. Oversight would be provided by the
Strategic Growth Council and an advisory committee made up of
local officials would provide guidance and recommendations to
the council to bridge the gap between state goals and the
planning and capacity needs of local agencies.
The author notes that AB 596 does not include a funding source
for this program in light of the current state budget
situation. Instead, it sets a program in place that can be
funded when the money is available.
3)TECHNICAL AMENDMENT : The Committee may wish to have the
author take the following amendment to clarify that the County
Supervisors Association of California is actually the
California State Association of Counties.
a) On Page 5 line 40 strike "the County Supervisors
Association of California," and insert:
"the California State Association of Counties,"
REGISTERED SUPPORT / OPPOSITION :
Support
American Planning Association, CA Chapter
CA State Association of Counties
League of CA Cities
Opposition
None on file
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958