BILL NUMBER: SB 1174 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 21, 2010
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. Future
Sustainable Communities Pilot Project.
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.
Existing law requires the Strategic Growth Council to manage and
award financial assistance to specified regional and local
governments to support the planning and development of sustainable
communities, as specified, from bond funds made available through the
Safe Drinking Water, Water Quality and Supply, Flood Control, River
and Coastal Protection Bond Act of 2006.
This bill would require, prior to January 1, 2013, and
thereafter upon each revision of its housing element,
establish the Future Sustainable Communities Pilot Project. The bill
would require a city or county to review and update
one or more elements of its general plan, as necessary
with a disadvantaged unincorporated community, as defined, inside or
near its boundaries to apply to the Strategic Growth Council, as
specified, to receive the financial assistance necessary to update
its general plan to facilitate the transformation of the
disadvantaged unincorporated community into a sustainable community.
The bill would require, upon receipt of the financial assistance from
the council, the city or county to review, prepare, and adopt
amendments to 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 island,
fringe, or legacy unincorporated communities, respectively
as defined, inside or near its boundaries, and to incorporate
into the general plan specified purposes relating to the
establishment of sustainable communities. The bill would
also require the updated general plan to include specified
information. This bill would also further
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 a city or county with a disadvantaged
unincorporated community inside or near its boundaries , 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 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.
(3) Proposition 84, as implemented by Chapter 729 of the Statutes
of 2008, provides bond funds to support the planning and development
of sustainable communities, and requires the Strategic Growth Council
to manage and award financial assistance from those funds for
planning that (A) improves air and water quality, (B) improves
natural resource protection, (C) increases the availability of
affordable housing, (D) improves transportation, (E) reduces
greenhouse gas emissions, and (F) encourages sustainable land use.
(4) Given the need for investment in infrastructure in California'
s disadvantaged unincorporated communities, and the need to plan for,
and to invest in the creation of, sustainable communities, a policy
that unites those goals to address them concurrently is in the best
interest of the people of California.
(b) It is the intent of the Legislature to encourage each city and
county, through participation in the Future Sustainable Communities
Pilot Project or otherwise, to identify disadvantaged communities and
ways to improve the conditions that exist within them, and to review
and update its general plan to address and improve those conditions,
while concurrently implementing the purposes set forth in
Proposition 84 and Chapter 729 of the Statutes of 2008.
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
(b) There is hereby established the
Future Sustainable Communities Pilot Project. Pursuant to the
project, a city or county with a disadvantaged unincorporated
community inside or near its boundaries shall apply to the
Strategic Growth Council, pursuant to subdivision (a) of Section
75128 of the Public Resources Code, to receive the financial
assistance necessary to update the city's or county's general plan in
order to facilitate the transformation of the disadvantaged
unincorporated community into a sustainable community. Upon receipt
of financial assistance from the Strategic Growth Council, the
planning agency of the city or county shall review and prepare, and
the legislative body of the city or county shall adopt, amendments to
one or more elements of the city or county 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
the city's or county's boundaries,
and the to incorporate in the general plan
the purposes set forth in subdivision (a) of Section 75128 of the
Public Resources Code, in order to facilitate the transformation of
the disadvantaged unincorporated communities into sustainable
communities. 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 , the extent to which improved sanitary
sewer service would improve water quality, water conservation, and
natural resource protection, and the extent to which it would
encourage sustainable land use, allow for greater infill and compact
development, and revitalize urban community centers .
(B) The extent to which households in the community lack access to
municipal water service , the extent to which municipal water
service would improve water quality, water conservation, and natural
resource protection, and the extent to which it would encourage
sustainable land use, allow for greater infill and compact
development, and revitalize urban community centers .
(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. paved roads, storm drainage, sidewalks, and
street lighting, and the extent to which improvement in those areas
would encourage sustainable land use, allow for greater infill and
compact development, and revitalize urban community centers.
(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 in a manner consistent with
the purposes set forth in subdivision (a) of Section 75128 of the
Public Resources Code . 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 , taking into consideration, and giving maximum
effect to, the purposes set forth in subdivision (a) of Section
75128 of the Public Resources Code, 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 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.