BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 215|
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                                 THIRD READING


          Bill No:  SB 215
          Author:   Wiggins (D)
          Amended:  3/26/09
          Vote:     21

           
           SENATE LOCAL GOVERNMENT COMMITTEE  :  3-2, 4/1/09
          AYES:  Wiggins, Kehoe, Wolk
          NOES:  Cox, Aanestad

          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Local government:  organization

           SOURCE  :     Author


          DIGEST  :    This bill adds regional transportation plans,  
          including sustainable communities strategies and alternate  
          planning strategies, to the list of factors that local  
          agency formation commissions must consider before making  
          boundary decisions.  This bill also repeals the  
          authorization for local agency formation commissions to  
          consider regional growth goals and policies.

           ANALYSIS  :   Existing law requires the California Air  
          Resources Board to assign each metropolitan planning  
          organizations (MPO) a greenhouse gas (GHG) emissions  
          reduction target; and then requires each MPO to prepare a  
          "sustainable communities strategy" as a component of its  
          regional transportation plan (RTP) (SB 375, [Steinberg],  
          Chapter 728, Statutes of 2008).  This strategy serves as a  
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          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.  

          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.  

          This bill adds regional transportation plans, including  
          sustainable communities strategies and alternate planning  
          strategies, to the list of factors that local agency  
          formation commissions must consider before making boundary  
          decisions.  This bill also repeals the authorization for  
          local agency formation commissions to consider regional  
          growth goals and policies.

           Comments
           
          Efforts to reduce GHG emissions will require regional  







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          cooperation in making land use decisions that promote less  
          driving, which is why last year's SB 375 (Steinberg),  
          Chapter 378, Statutes of 2008, required MPOs to include a  
          sustainable community's 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.

          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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  4/21/09)

          California Association of Local Agency Formation  
          Commissions
          Mendocino LAFCO
          Planning and Conservation League
          Sonoma LAFCO
          Trust for Public Land


          AGB:do  4/21/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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