BILL ANALYSIS
SB 215
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Date of Hearing: June 17, 2009
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Anna Marie Caballero, Chair
SB 215 (Wiggins) - As Amended: May 12, 2009
SENATE VOTE : 21-14
SUBJECT : Local government: organization.
SUMMARY : Adds an applicable regional transportation plan,
including a sustainable communities strategy or alternate
planning strategy, to the list of factors that local agency
formation commissions (LAFCOs) must consider before making
boundary decisions, and repeals the authorization permitting
LAFCOs to consider regional growth goals and policies.
EXISTING LAW :
1)Establishes the procedures for the organization and
reorganization of cities, counties, and special districts
under the Cortese-Knox-Hertzberg Local Reorganization Act of
2000.
2)Provides for factors to be considered in the review of a
proposal for a change of organization or reorganization.
3)Allows a LAFCO to consider the regional growth goals and
policies established by a collaboration of elected officials
only, formally representing their local jurisdictions in an
official capacity on a regional or subregional basis.
FISCAL EFFECT : None
COMMENTS :
1)Existing law requires the California Air Resources Board to
assign each metropolitan planning organization (MPO) a
greenhouse gas (GHG) emissions reduction target, and then
requires each MPO to prepare a "sustainable communities
strategy," or SCS, as a component of its regional
transportation plan (RTP) [SB 375, Steinberg, Chapter 728,
Statutes of 2008]. The SCS serves as a blueprint for
communities to achieve the region's GHG emissions reduction
target. If the SCS does not achieve the target, the MPO must
SB 215
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prepare an alternative planning strategy (APS).
2)LAFCOs control the boundaries of cities and special districts,
operating under the Cortese-Knox-Hertzberg Act. The courts
call LAFCOs the Legislature's "watchdog" over these boundary
changes. To guide their boundary decisions, LAFCOs must adopt
spheres of influence for cities and districts, designating
their future service areas and boundaries, and LAFCOs'
boundary decisions must be consistent with these spheres of
influence. As LAFCOs prepare to make decisions about proposed
boundary changes, they must consider 15 specified factors,
including local general plans and specific plans.
3)The goal of SB 215 is to bring the 15 specified factors in
line with the recently enacted provisions of SB 375. SB 215
adds an applicable RTP, including an SCS or APS, to the list
of specified factors that a LAFCO must consider before making
a boundary decision. Another section of existing law already
permits a LAFCO to consider regional growth goals and polices
[AB 2838 (Hertzberg), Chapter 761, Statutes of 2000]. While
this existing statute is permissive, SB 215 would instead
require a LAFCO, when reviewing proposals for a change of
organization or reorganization, to additionally consider any
applicable RTP, including an SCS or APS.
4)COMMITTEE AMENDMENTS :
a) SB 215 would repeal Government Code Section 56668.5.
Repealing this section is not necessary, given that it
applies to "regional growth goals and policies," which has
a broader application than to just regional transportation
plans. The Committee may wish to consider removing Section
2 of the bill and leaving the existing Section 56668.5
intact.
b) Pursuant to SB 375, the MPO's adoption of an RTP will
inherently include an SCS, which is adopted as a component
of the RTP. To avoid redundancy in terminology, the
Committee may wish to consider striking and replacing
subdivision (g) of Section 56668 with the following
language:
(g) A regional transportation plan adopted pursuant to
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Section 65080, and consistency with city or county general
and specific plans.
REGISTERED SUPPORT / OPPOSITION :
Support
CA Association of Local Agency Formation Commissions
Mendocino LAFCO
Sonoma LAFCO
The Trust for Public Land
Planning and Conservation League
Opposition
None on file
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958