BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Patricia Wiggins, Chair
BILL NO: SB 215 HEARING: 4/1/09
AUTHOR: Wiggins FISCAL: Yes
VERSION: 3/26/09 CONSULTANT: Ho
LAFCOs AND SUSTAINABLE COMMUNITIES
Background and Existing Law
Metropolitan planning organizations (MPOs) are regional
transportation planning agencies that serve the state's
most urbanized areas. Sacramento Area Council of
Governments (SACOG) and San Diego Association of
Governments (SANDAG) are two of the state's 17 MPOs.
Federal and state laws require each MPO to develop a
regional transportation plan (RTP), which is a set of
long-term, regional transportation policies and goals.
There is increasing legislative and public support for
linking land use decisions to transportation policy to help
reduce greenhouse gas (GHG) emissions from vehicles. A new
state law requires the California Air Resources Board to
assign each MPO a GHG emissions reduction target; and then
requires each MPO to prepare a "sustainable communities
strategy" as a component of its RTP (SB 375, Steinberg,
2008). This strategy will serve as a blueprint for
communities to achieve the region's GHG emissions reduction
target. If the sustainable communities strategy does not
achieve the reduction target, the MPO must prepare an
alternative planning strategy.
Local agency formation commissions (LAFCOs) control the
boundaries of cities and special districts, including
annexations, detachments, city incorporations, and district
formations. When preparing to make boundary decisions,
LAFCOs must consider 15 specified factors, such as
population density, regional housing needs, local general
plans, and environmental justice. Furthermore, LAFCOs are
encouraged, but are not required, to consider regional
goals and policies. By controlling the boundaries of local
governments, LAFCOs can influence the time, location, and
character of land development. For example, when a
subdivision needs sewer service, a LAFCO's approval of an
annexation of the territory to a sanitation district makes
the development feasible.
SB 215 - 3/26/09 -- Page 2
To plan for orderly development, LAFCOs adopt "spheres of
influence" for every city and special district. Spheres of
influence are planning documents that show a city or
special district's future boundary and service area.
LAFCOs' boundary decisions must be consistent with these
spheres of influence.
Existing law requires MPOs to consider LAFCOs' spheres of
influence while preparing their sustainable communities
strategies. However, there is no reciprocal requirement
for LAFCOs to consider MPOs' regional transportation plans
or sustainable communities strategies.
Proposed Law
Senate Bill 215 adds regional transportation plans,
including sustainable communities strategies and alternate
planning strategies, to the list of factors that local
agency formation commissions (LAFCOs) must consider before
making boundary decisions. SB 215 also repeals the
authorization for LAFCOs to consider regional growth goals
and policies.
Comments
1. It makes sense . Efforts to reduce GHG emissions will
require regional cooperation in making land use decisions
that promote less driving, which is why last year's SB 375
(2008, Steinberg) required metropolitan planning
organizations (MPOs) to include a sustainable communities
strategy in their regional transportation plans. The
success of implementing SB 375 depends on the degree to
which cities and counties conform their land use decisions
to the sustainable communities strategies. Unfortunately,
the state lacks a formal, comprehensive regional planning
mechanism. To prevent MPOs from ignoring the planning
realities of local governments, SB 375 requires MPOs to
consider LAFCOs' spheres of influence when preparing its
sustainable communities strategy. SB 215's reciprocal
requirement for LAFCOs to consider sustainable communities
strategies before making a boundary decision is another
step toward aligning the state's fragmented planning
processes.
SB 215 - 3/26/09 -- Page 3
2. Jumping the gun ? Although SB 375 has been celebrated
as the most significant land use bill passed in the past
ten years, there has been widespread confusion among local
officials about how to implement the new law. No one
really knows what a sustainable communities strategy will
look like because the first one won't be adopted for
another five or six years. The Committee may wish to
consider if it is premature to add a new requirement to an
already complicated planning scheme.
3. Think about it . SB 215 doesn't declare a new state
policy for LAFCOs to carry out. The bill doesn't add
another item to the three purposes that the
Cortese-Knox-Hertzberg Act already lists for LAFCOs. The
measure doesn't require LAFCOs to make formal findings when
they approve boundary changes. It merely requires LAFCOs
to "consider" regional transportation plans as one factor
they think about before they vote. Sustainable communities
strategies are tied to transportation funds and other
incentives; a LAFCO would be doing its county a disfavor by
not acknowledging its regional sustainable communities
strategy. Moreover, no LAFCO has ever lost an appellate
case for failing to properly consider the 15 statutory
factors. It is unlikely that SB 215 will result in more
legal challenges against LAFCOs. To implement SB 215, most
LAFCO executive officers will probably add one or two
paragraphs to their required staff reports.
4. State mandate, local fees . The California Constitution
requires the state to pay for new or increased
state-mandated local programs. By adding more items to the
list of factors that LAFCOs must consider before acting, SB
215 results in a state mandate. The bill, however,
disclaims state payment because LAFCOs can recover their
costs by charging processing fees to those who apply for
boundary changes.
Support and Opposition (3/26/09)
Support : California Association of Local Agency Formation
Commissions.
Opposition : Unknown.