BILL NUMBER: SB 194 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 5, 2009
AMENDED IN SENATE APRIL 22, 2009
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 Equity Investment Act of
2009.
(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 enact the Community Equity Investment Act of 2009
and 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 also require each city or county, for applications
submitted on or after January 1, 2013, to certify that it has
amended its general plan in accordance with specified law. The bill
would also specify how funds received pursuant to a federal
entitlement are expended 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.
(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 unincorporated
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.
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. (a) This act shall be known and may be cited as the
Community Equity Investment Act of 2009.
(b) The Legislature finds and declares both of the following:
(1) There exists 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.
SEC. 2. 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 disadvantaged unincorporated
community within or proximate to the boundaries of the
locality city or county . The identification
shall include a description of the community and a map designating
its location.
(2) For each disadvantaged unincorporated 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 living more than one-quarter of a
mile from a public park.
(E) The proportion of households living more than one-quarter of a
mile from 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 city or county's specific
quantified goals, policies, and objectives for eliminating or
reducing each identified deficiency no
later than January 1, 2015. The statement shall include an
analysis of the feasibility of annexation of island and fringe
communities, and the development or expansion of regionalized
services and infrastructure for legacy communities.
(4) A program of actions necessary to achieve each goal,
including, but not limited to, activities the city or county will
undertake, and a timeline of when those actions will be taken. The
program shall include an identification of resources available to
achieve each goal.
(b) As used in this section, the following terms have the
following meanings:
(1) "Disadvantaged unincorporated community" means a fringe,
island, or legacy community in which the median household income is
80 percent or less than the statewide median household income.
(2) "Fringe community" means any settled, unincorporated
area that is within 1.5 miles of a municipality or within or adjacent
to a municipality's inhabited unincorporated
territory that is within a city's sphere of influence.
(3) "Island" means an unincorporated county area that is
surrounded by a city's geographical boundaries on at least 75 percent
of its sides.
(3) "Island community" means any inhabited unincorporated
territory that is surrounded or substantially surrounded by one or
more cities or by one or more cities and a county boundary or the
Pacific Ocean.
(4) "Legacy community" means a geographically isolated community
that has existed for at least 50 years.
SEC. 3. 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 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
disadvantaged unincorporated communities of the state, as defined in
Section 65302.10 of the Government Code, accelerate greenhouse gas
emission reductions, and mitigate the health impacts of climate
change.
SEC. 4. 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 for applications submitted on or after
January 1, 2013, certify that the city or county has amended its
general plan 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. 5. Section 50834.5 is added to the Health and Safety Code, to
read:
50834.5. (a) Unless prohibited by federal law, where a federal
entitlement exists under the Community Development Block Grant
Program (24 C.F.R. Part 570), a local government
city or county shall comply with the following
requirements the funds made available pursuant to this chapter:
(1) The funds shall be expended within each supervisorial or city
council district, to the extent those districts exist, based on the
percentage of low- and moderate-income persons within each district.
(2) No less than 75 percent of all funds shall benefit targeted
income groups.
(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. 6. 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
adopted 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. 7. 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. 8. 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, as defined in Section
79505.5 of the Water Code.
(c) 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) 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) 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) 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. 9. 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, interest
earned upon the moneys deposited in the grant fund.
(c) (1) For 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.