BILL NUMBER: SB 1174 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 29, 2010
AMENDED IN SENATE APRIL 27, 2010
AMENDED IN SENATE APRIL 13, 2010
INTRODUCED BY Senator Wolk
(Principal coauthor: Senator Price)
FEBRUARY 18, 2010
An act to add Section 65302.10 to the Government Code, relating to
land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 1174, as amended, Wolk. Land use: general plan: disadvantaged
unincorporated communities.
The Planning and Zoning Law requires a city or county to adopt a
comprehensive, long-term general plan for the physical development of
the city or county and of any land outside its boundaries that bears
relation to its planning. That law also requires the general plan to
contain specified mandatory elements, including, among others, a
housing element for the preservation, improvement, and development of
the community's housing.
This bill would require, prior to January 1, 2013, and thereafter
upon each revision of its housing element, a city or county to review
and update one or more elements of its general plan, as necessary to
address the presence of island, fringe, or legacy unincorporated
communities, as defined, inside or near its boundaries, and would
require the updated general plan to include specified information.
This bill would also require the city or county to make a diligent
effort to involve all members of the public in preparing the review
and update of the general plan. By adding to the duties of city and
county officials, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement shall be made
pursuant to these statutory provisions for costs mandated by the
state pursuant to this act, but would recognize that local agencies
and school districts may pursue any available remedies to seek
reimbursement for these costs.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) Hundreds of disadvantaged unincorporated communities, commonly
referred to as "colonias," exist in California. There are more than
200 of these communities in the San Joaquin Valley alone. Many of
these communities are geographically isolated islands, surrounded by
the city limits of large and medium-sized cities.
(2) Conditions within these disadvantaged unincorporated
communities evidence a distinct lack of public and private investment
that threatens the health and safety of the residents of these
communities and fosters economic, social, and educational inequality.
Many of these communities lack basic infrastructure, including, but
not limited to, streets, sidewalks, storm drainage, clean drinking
water, and adequate sewer service.
(b) It is the intent of the Legislature to encourage investment in
these communities and address the complex legal, financial, and
political barriers that contribute to regional inequity and
infrastructure deficits within disadvantaged unincorporated
communities.
SEC. 2. Section 65302.10 is added to the Government Code, to read:
65302.10. (a) As used in this section, the following terms shall
have the following meanings:
(1) "Disadvantaged unincorporated community" means a fringe,
island, or legacy community in which the median household income is
80 percent or less than the statewide median household income.
(2) "Unincorporated fringe community" means any inhabited and
unincorporated territory that is within a city's sphere of influence.
(3) "Unincorporated island community" means any inhabited and
unincorporated territory that is surrounded or substantially
surrounded by one or more cities or by one or more cities and a
county boundary or the Pacific Ocean.
(4) "Unincorporated legacy community" means a geographically
isolated community that is inhabited and has existed for at least 50
years.
(b) Prior to January 1, 2013, and thereafter upon each revision of
its housing element made pursuant to Section 65588, the legislative
body of a city or county shall review and update one or more elements
of its general plan as necessary to include data and analysis,
goals, implementation measures, policies, and objectives to address
the presence of unincorporated island, fringe, or legacy communities
inside or near its boundaries, and the updated general plan shall
include all of the following:
(1) In the case of a city, an identification of each
unincorporated island or fringe community, or in the case of a
county, of each legacy community. This identification shall include a
description of the community and a map designating its location.
(2) For each identified community, an analysis of all of the
following:
(A) The extent to which households in the community lack access to
sanitary sewer service.
(B) The extent to which households in the community lack access to
municipal water service.
(C) The extent to which the community lacks one or more of the
following:
(i) Paved roads.
(ii) Storm drainage.
(iii) Sidewalks.
(iv) Street lighting.
(3) An analysis of the city's or county's current programs and
activities to address the conditions or deficiencies described in
paragraph (2), and an identification of any constraints to addressing
those conditions or deficiencies. The analysis shall evaluate
whether annexation of, or extension of service to, any identified
island or fringe community is appropriate.
(4) A statement setting forth the city's or county's specific,
quantified goals for eliminating or reducing the conditions or
deficiencies described in paragraph (2) and found to be present in an
unincorporated island, fringe, or legacy community within or
proximate to the boundaries of the city or county.
(5) A set of flexible implementation measures designed to carry
out the goals described in paragraph (4), including an identification
of resources and a timeline of actions.
(c) In preparing the review and update required by this section,
the city or county shall make a diligent effort to involve all
members of the public, including, but not limited to, residents of
the island, fringe, or legacy communities.
SEC. 3. No reimbursement shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2
of the Government Code for costs mandated by the state pursuant to
this act. It is recognized, however, that a local agency or school
district may pursue any remedies to obtain reimbursement available to
it under Part 7 (commencing with Section 17500) and any other
provisions of law.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.