BILL NUMBER: SB 194 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Florez
FEBRUARY 23, 2009
An act to add Section 65302.10 to the Government Code, to
amend Sections 43015 and 50829 of, and to add Section 50834.5 to, the
Health and Safety Code, to add Sections 75067 and 75130 to the
Public Resources Code, to amend Section 2333.5 of the Streets and
Highways Code, and to amend Section 13477.6 of the Water Code,
relating to community development.
LEGISLATIVE COUNSEL'S DIGEST
SB 194, as amended, Florez. Community development: disadvantaged
communities.
(1) Existing law requires the legislative body of each county and
city to adopt a comprehensive, long-term general plan for the
physical development of the county or city, and of specified land
outside its boundaries.
This bill would require the legislative bodies of each county and
city that elect to receive specified funds pursuant to the Safe
Drinking Water, Water Quality and Supply, Flood Control, River and
Coastal Protection Bond Act of 2006 to amend portions of its general
plan, including, among others, the land use, circulation, housing,
conservation, and open-space elements to include data and analysis,
goals, policies and objectives, and feasible implementation measures
addressing the presence of disadvantaged unincorporated communities
in or near their boundaries, as specified.
(2) Existing law requires each city or county that requests
funding pursuant to the federal State Community Development Block
Grant Program to submit a housing element to the Department of
Housing and Community Development, as specified.
This bill would, as of January 1, 2012, also require each city or
county to submit an analysis of the equity investment in
unincorporated communities, as specified. The bill would also specify
how funds received pursuant to a federal entitlement are allocated
at the local government level.
(3) Existing law requires the Strategic Growth Council to manage
and award financial assistance to specified entities for planning
activities to achieve various environmental purposes.
This bill would require the council, in awarding the financial
assistance, to ensure that those planning activities comply with the
amendments to a general plan that would be required under this bill.
(4) The Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Bond Act of 2006 (Proposition
84), an initiative bond measure, makes available $90,000,000 for
urban greening projects and $90,000,000 for planning grants and
planning incentives to encourage the development of regional and
local land use plans that are designed for various purposes.
Proposition 84 specifies that appropriation of those funds may be
made only upon enactment of implementation legislation.
This bill would require a recipient of the above funds to
incorporate the adoption of the amendments to a general plan that
would be required by this bill into the planning activities funded by
those funds. The bill would require the council to require a city,
county, or city and county to specify the date by which the
amendments to a general plan that would be required by this bill
would be adopted, which would be required to be concurrent with the
adoption of other planning activities funded by the above funds, but
in no case later than January 1, 2013.
(5) Existing law requires the Department of Transportation, in
consultation with the Department of the California Highway Patrol, to
establish and administer a "Safe Routes to School" construction
program pursuant to authority granted under specified federal law and
to use federal transportation funds for construction of bicycle and
pedestrian safety and traffic calming projects. Existing law requires
the department to make grants available to local agencies under the
program through a competitive grant process that considers various
factors in rating the proposals.
This bill would additionally require, in rating a proposal, the
consideration of the proposal's benefit to a disadvantaged community.
The bill would require that at least 50% of the grants meet the
"Safe Routes to School" needs of unincorporated disadvantaged
communities.
(6) Existing law establishes the Air Pollution Control Fund and,
upon appropriation by the Legislature, the moneys in the fund are
available to the State Air Resources Board to carry out its duties
and functions.
This bill would additionally require, upon appropriation by the
Legislature, that the moneys in the fund be available for investment
in the provision of public transit to disadvantaged communities,
accelerate greenhouse gas emission reductions, and mitigate the
health impacts of climate change.
(7) Existing law authorizes the State Water Resources Control
Board to assess a specified annual charge in connection with any
financial assistance made pursuant to the revolving State Water
Pollution Control Revolving Fund program in lieu of interest that
otherwise would be charged. Existing law requires the proceeds
generated from the imposition of the annual charge, along with other
moneys, to be deposited in the State Water Pollution Control
Revolving Fund Small Community Grant Fund. Existing law authorizes
the board to expend the money in the fund, upon appropriation by the
Legislature to the board, for grants for eligible projects under the
revolving fund program that serves small communities. For the purpose
of expending these funds, the board is required to give priority to
projects that serve severely disadvantaged communities.
This bill would make a technical nonsubstantive change to that
provision.
Existing law provides for the allocation of funds for various
economic development projects and programs administered by the
Department of Housing and Community Development.
This bill would make several findings and declarations of the
Legislature relating to disadvantaged unincorporated communities. The
bill would declare the intent of the Legislature to encourage
investment in these communities.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65302.10 is added to the
Government Code , to read:
65302.10. (a) The legislative body of each city, county, or city
and county that elects to receive funds pursuant to subdivision (a)
or (c) of Section 75065 of the Public Resources Code shall amend,
where appropriate, each element of its general plan in a manner that
meets the requirements of this section. The amendments may amend, but
are not limited to, the required elements relating to land use,
circulation, housing, conservation, and open space, to include data
and analysis, goals, policies and objectives, and feasible
implementation measures addressing the presence of disadvantaged
unincorporated communities in or near their boundaries. The
amendments to the related elements shall include all of the
following:
(1) An identification of each island, fringe, or legacy community
within or proximate to the boundaries of the locality. The
identification shall include a description of the community and a map
designating its location.
(2) For each identified community, a quantification and analysis
of each of the following:
(A) The number of homes and residents that lack access to sanitary
sewer service.
(B) The number of homes and residents that lack access to safe
drinking water service.
(C) The number of residential neighborhoods or areas that lack one
or more of the following:
(i) Paved roadways.
(ii) Storm drainage.
(iii) Sidewalks.
(iv) Lighting.
(D) The proportion of households within one-quarter of a mile of a
public park.
(E) The proportion of households living within one-quarter of a
mile of public transit.
(F) The proportion of housing units that are in a substandard
condition, or in which the household is overcrowded or paying more
than 30 percent of its income toward housing.
(3) A statement setting forth the locality's specific quantified
goals for eliminating or reducing each identified deficiency no later
than January 1, 2015.
(4) A program of actions that the locality will undertake to
achieve each goal and a timeline of when those actions will be taken.
The program shall include an identification of resources available
to achieve each goal, the feasibility of annexation of island and
fringe communities, and the development or expansion of regionalized
services and infrastructure for legacy communities.
(b) As used in this section, the following terms have the
following meanings:
(1) "Fringe" means a community within 1.5 miles of a periphery or
within the city's sphere of influence.
(2) "Island" means an unincorporated county area that is
surrounded by a city's geographical boundaries on at least 75 percent
of its sides.
(3) "Legacy community" means a geographically isolated community
that has existed for at least 50 years.
SEC. 2. Section 43015 of the Health and
Safety Code is amended to read:
43015. The Air Pollution Control Fund is continued in existence
in the State Treasury. Upon appropriation by the Legislature, the
money in the fund shall be available to the state board to
carry out its duties and functions. expended as
follows:
(a) To carry out the state board's duties and functions.
(b) To invest in the provision of public transit to the
disadvantaged communities of the state, in particular, the
unincorporated disadvantaged communities of the state, accelerate
greenhouse gas emission reductions, and mitigate the health impacts
of climate change.
SEC. 3. Section 50829 of the Health and
Safety Code is amended to read:
50829. As a condition of receiving funds pursuant to this
chapter, an eligible city or county shall submit a housing element to
the department in accordance with the requirements of Article 10.6
(commencing with Section 65580) of Chapter 3 of Division 1 of Title 7
of the Government Code and by no later than January 1, 2012, an
analysis of the equity investment in unincorporated
communities in accordance with the requirements of Section 65302.10
of the Government Code . However, except as otherwise provided
in Section 50830, no application for funds shall be denied because of
the content of the housing element or because of the findings made
by the department pursuant to Section 65585 of the Government Code.
SEC. 4. Section 50834.5 is added to the
Health and Safety Code , to read:
50834.5. (a) Consistent with federal law, where a federal
entitlement exists, a local government shall comply with the
following requirements the funds made available pursuant to this
chapter:
(1) The funds shall be allocated based on the percentage of low-
and moderate-income persons within each district.
(2) No less than 75 percent of all funds shall go to targeted
income group benefit.
(b) For the purposes of this section, "targeted income group"
means families, households, and individuals whose income does not
exceed 80 percent of the county median income, with adjustments for
family and household size.
SEC. 5. Section 75067 is added to the
Public Resources Code , to read:
75067. (a) All recipients of funds made available pursuant to
subdivisions (a) and (c) of Section 75065 shall incorporate the city
or county general plan amendments developed pursuant to Section
65302.10 of the Government Code into the planning activities funded
pursuant to those subdivisions.
(b) The Strategic Growth Council established pursuant to Section
75121 shall require the city or county to specify a date by which the
general plan amendments required by Section 65302.10 will be
adopted, which shall be concurrent with the adoption of any other
planning activities funded by Section 75065, but in no case later
than January 1, 2013.
SEC. 6. Section 75130 is added to the
Public Resources Code , to read:
75130. (a) The Strategic Growth Council shall, in awarding
financial assistance pursuant to Sections 75127 and 75129, ensure
that the planning activities funded under those sections comply with
Section 65302.10 of the Government Code.
(b) (1) The Strategic Growth Council shall, in awarding financial
assistance pursuant to Section 75128, require that the development,
adoption, or implementation of any regional plan or other planning
instrument receiving financial assistance include an assessment of
island and fringe communities and an analysis of how investment in
these communities would assist in meeting regional greenhouse gas
reduction targets by improving transit, increasing affordable
housing, and encouraging sustainable land use strategies.
(2) For the purposes of this subdivision, "island" and "fringe"
have the same meanings as those set forth in subdivision (b) of
Section 65302.10 of the Government Code.
SEC. 7. Section 2333.5 of the Streets
and Highways Code is amended to read:
2333.5. (a) The department, in consultation with the Department
of the California Highway Patrol, shall establish and administer a
"Safe Routes to School" construction program for construction of
bicycle and pedestrian safety and traffic calming projects.
(b) The department shall award grants to local governmental
agencies under the program based on the results of a statewide
competition that requires submission of proposals for funding and
rates those proposals on all of the following factors:
(1) Demonstrated needs of the applicant.
(2) Potential of the proposal for reducing child injuries and
fatalities.
(3) Potential of the proposal for encouraging increased walking
and bicycling among students.
(4) Identification of safety hazards.
(5) Identification of current and potential walking and bicycling
routes to school.
(6) Consultation and support for projects by school-based
associations, local traffic engineers, local elected officials, law
enforcement agencies, school officials, and other relevant community
stakeholders.
(7) Benefit to a disadvantaged community.
(c) Not less than 50 percent of the grants described in
subdivision (b) shall meet the "Safe Routes to School" needs of
unincorporated disadvantaged communities.
(c)
(d) Any annual budget allocation to fund
grants described in subdivision (b) shall be in addition to any
federal funding received by the state that is designated for "Safe
Routes to School" projects pursuant to Section 1404 of SAFETEA-LU or
any similar program funded through a subsequent transportation act.
(d)
(e) Any federal funding received by the
state that is designated for "Safe Routes to School" projects shall
be distributed by the department under the competitive grant process,
consistent with all applicable federal requirements.
(e)
(f) Prior to the award of any construction
grant or the department's use of those funds for a "Safe Routes to
School" construction project encompassing a freeway, state highway or
county road, the department shall consult with, and obtain approval
from, the Department of the California Highway Patrol, ensuring that
the "Safe Routes to School" proposal compliments the California
Highway Patrol's Pedestrian Corridor Safety Program and is consistent
with its statewide pedestrian safety statistical analysis.
(f)
(g) The department is encouraged to
coordinate with law enforcement agencies' community policing efforts
in establishing and maintaining the "Safe Routes to School"
construction program.
SEC. 8. Section 13477.6 of the Water
Code is amended to read:
13477.6. (a) The State Water Pollution Control Revolving Fund
Small Community Grant Fund is hereby created in the State Treasury.
(b) The following moneys shall be deposited in the grant fund:
(1) Moneys transferred to the grant fund pursuant to subdivision
(c).
(2) Notwithstanding Section 16475 of the Government Code,
any interest earned upon the moneys deposited in the grant
fund.
(c) (1) For any financing made pursuant to
Section 13480, the board may assess an annual charge to be deposited
in the grant fund in lieu of interest that would otherwise be
charged.
(2) Any amounts collected under this subdivision shall be
deposited in the grant fund, not more than fifty million dollars
($50,000,000) shall be deposited in the grant fund.
(3) The charge authorized by this subdivision may be applied at
any time during the term of the financing, and once applied, shall
remain unchanged until 2014, at which point it shall terminate and be
replaced by an identical interest rate. The charge shall not
increase the financing repayment amount as set forth in the terms and
conditions imposed pursuant to this chapter.
(d) (1) Moneys in the grant fund, upon appropriation by the
Legislature to the board, may be expended, in accordance with this
chapter, for grants for projects described in subdivision (a) of
Section 13480 that serve small communities as defined in subdivision
(a) of Section 30925 of the Public Resources Code.
(2) For the purpose of approving grants, the board shall give
priority to projects that serve severely disadvantaged communities.
SECTION 1. (a) The Legislature finds and
declares both of the following:
(1) There exist in California hundreds of disadvantaged
unincorporated communities, commonly referred to as "colonias." There
are more than 200 of these communities in the San Joaquin Valley
alone. Many of these communities are geographically isolated islands,
surrounded by the city limits of large and medium-sized cities.
(2) The conditions within these disadvantaged unincorporated
communities evidence a distinct lack of public and private investment
that presents a threat to the health and safety of the residents and
fosters economic, social, and educational inequality. Many of these
communities lack basic infrastructure, including, but not limited to,
streets, sidewalks, storm drainage, clean drinking water, and
adequate sewer service.
(b) It is the intent of the Legislature to enact legislation to
encourage investment in these communities and to address the complex
legal, financial, and political barriers that contribute to regional
inequity and infrastructure deficits within disadvantaged
unincorporated communities.