BILL ANALYSIS
SB 215
Page 1
SENATE THIRD READING
SB 215 (Wiggins)
As Amended June 22, 2009
Majority vote
SENATE VOTE :21-14
LOCAL GOVERNMENT 5-2 APPROPRIATIONS 10-5
-----------------------------------------------------------------
|Ayes:|Caballero, Arambula, |Ayes:|De Leon, Ammiano, Coto, |
| |Davis, Krekorian, Skinner | |Davis, Fuentes, Hall, |
| | | |John A. Perez, Skinner, |
| | | |Solorio, Torlakson |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Duvall |Nays:|Nielsen, Duvall, Harkey, |
| | | |Miller, |
| | | |Audra Strickland |
-----------------------------------------------------------------
SUMMARY : Adds a regional transportation plan to the list of
factors that local agency formation commissions (LAFCOs) must
consider before making boundary decisions.
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 : According to the Assembly Appropriations
Committee, costs to LAFCOs to consider additional factors when
making boundary decisions would not be state-reimbursable, as
LAFCOs have authority to levy fees to cover their costs.
SB 215
Page 2
COMMENTS : 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 prepare an alternative planning
strategy (APS).
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.
The goal of this bill is to bring the 15 specified factors in
line with the recently enacted provisions of SB 375. This bill
adds an RTP adopted pursuant to Government Code Section 65080 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, this bill would
instead require a LAFCO, when reviewing proposals for a change
of organization or reorganization, to additionally consider an
RTP.
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958
FN: 0001721