BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                   SB 215|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                              UNFINISHED BUSINESS


          Bill No:  SB 215
          Author:   Wiggins (D)
          Amended:  6/22/09
          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

           SENATE FLOOR :  21-14, 4/23/09
          AYES:  Alquist, Calderon, Cedillo, Corbett, Correa,  
            DeSaulnier, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal,  
            Negrete McLeod, Oropeza, Padilla, Pavley, Romero,  
            Simitian, Steinberg, Wiggins, Wolk
          NOES:  Aanestad, Ashburn, Benoit, Cogdill, Cox, Denham,  
            Dutton, Hollingsworth, Huff, Maldonado, Runner,  
            Strickland, Walters, Wyland
          NO VOTE RECORDED:  Ducheny, Harman, Wright, Yee, Vacancy

           ASSEMBLY FLOOR  :  50-26, 8/17/09 - See last page for vote


           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  
                                                           CONTINUED





                                                                SB 215
                                                                Page  
          2

          agency formation commissions must consider before making  
          boundary decisions.  

           Assembly Amendments  delete the section of the bill that  
          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  
          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  







                                                                SB 215
                                                                Page  
          3

          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.  

           Comments
           
          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 (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  8/18/09)

          California Association of Local Agency Formation  
          Commissions







                                                                SB 215
                                                                Page  
          4

          Mendocino LAFCO
          Planning and Conservation League
          Sonoma LAFCO
          Trust for Public Land

           OPPOSITION  :    (Verified  8/18/09)

          County of Madera Board of Supervisors


           ASSEMBLY FLOOR  : 
          AYES:  Ammiano, Arambula, Beall, Block, Blumenfield,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Coto, Davis, De La Torre, De Leon, Eng, Evans,  
            Feuer, Fong, Fuentes, Furutani, Galgiani, Hall, Hayashi,  
            Hernandez, Hill, Huber, Huffman, Jones, Krekorian, Lieu,  
            Bonnie Lowenthal, Ma, Mendoza, Monning, Nava, Nestande,  
            John A. Perez, V. Manuel Perez, Portantino, Ruskin,  
            Salas, Saldana, Skinner, Solorio, Swanson, Torlakson,  
            Torrico, Yamada, Bass
          NOES:  Adams, Anderson, Bill Berryhill, Tom Berryhill,  
            Blakeslee, Conway, DeVore, Duvall, Emmerson, Fletcher,  
            Fuller, Gaines, Garrick, Gilmore, Hagman, Harkey,  
            Jeffries, Knight, Logue, Miller, Niello, Nielsen, Silva,  
            Audra Strickland, Tran, Villines
          NO VOTE RECORDED:  Cook, Smyth, Torres, Vacancy


          AGB:do  8/18/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****