BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          AB 2624 (Smyth) - Sustainable Communities
          
          Amended: As introduced          Policy Vote: NR&W 8-1
          Urgency: No                     Mandate: No
          Hearing Date: June 25, 2012                       Consultant: 
          Marie Liu     
          
          This bill meets the criteria for referral to the Suspense File.
          
          
          Bill Summary: AB 2624 would make local agency formation 
          commissions (LAFCOs) eligible for financial assistance from 
          Proposition 84 for the development or implementation of a 
          regional plan that supports "sustainable communities and land 
          use."

          Fiscal Impact: Ongoing cost pressures in the tens to hundreds of 
          thousands to Proposition 84 (General Fund) beginning in 2013-14.

          Background: LAFCOs are required under current law to complete a 
          municipal service review (MSR) prior to a sphere of influence 
          update at least every five years. The MSR assess the ability of 
          local government agencies to effectively and efficiently provide 
          services to residents and users and provides the LAFCO with 
          information in updating the sphere of influence for each local 
          agency. Factors including growth and population projects, 
          capacity of public facilities, and infrastructure needs related 
          to public services such as police, fire, and water may be used 
          in the MSR. 
          
          Proposition 84 included $90 million for planning grants and 
          planning incentives that encourage the development of regional 
          and local use plans that are designed to "promote water 
          conservation, reduce automobile use and fuel consumption, 
          encourage greater infill and compact development, protect 
          natural resources and agricultural lands, and revitalize urban 
          and community centers." The Strategic Growth Council (SGC), a 
          multi-cabinet level agency in part to implement grants, was 
          created by SB 732 (Steinberg) Chapter 729/2008 in part to 
          implement these grants. Eligible entities for these planning 
          grants was set by SB 732 to include council of governments, 
          metropolitan planning organizations, regional transportation 








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          planning agencies, or joint powers authorities.

          Proposed Law: This bill would add LAFCOs to the list of entities 
          eligible to receive financial assistance from Proposition 84 
          monies for the development or implementation of a regional plan 
          or planning instrument consistent with a regional plan that 
          "improves air and water quality, improves natural resource 
          protection, increases the availability of affordable housing, 
          improves transportation, meets the goals of the California 
          Global Warming Solutions Act, and encourages sustainable land 
          use"
          
          Staff Comments: The author's intent of this bill is to allow 
          LAFCOs to be eligible for grant dollars for completion of more 
          extensive MSRs in collaboration with metropolitan planning 
          organizations. The author argues that the preparation of more 
          extensive MSRs would provide more data to complete regional 
          transportation plans or sustainable communities strategies, 
          plans which are currently eligible for Proposition 84 grants. 

          Staff notes that it is unclear how LAFCOs could receive funds 
          for MSRs in a manner that is consistent with the terms of 
          Proposition 84 and the terms of this bill. Under the bill's 
          current language, eligible entities, which would be expanded to 
          LAFCOs, could receive grants to "adopt or implement a regional 
          plan or other planning instrument consistent with a regional 
          plan" that meets certain conditions. MSRs are not regional 
          plans. A MSR also cannot be a planning instrument consistent 
          with a regional plan that meets specified conditions, unless the 
          regional plan had already been completed, defeating the need for 
          a more extensive MSR.  

          To date, the SGC has awarded two rounds of grant awards for 
          planning documents with one round remaining before the 
          Proposition 84 funds are exhausted. There have not been other 
          resources, including another bond, with funds for this purpose. 
          In the past grant cycles, applications for funding outpace 
          available funds by at least 3:1 and perhaps 4:1 according to the 
          SGC. Adding another eligible use for these grant dollars adds 
          significant cost pressures to an already oversubscribed funding 
          source. Assuming that MSRs cost LAFCOs somewhere in the range of 
          the thousands to tens of thousands of dollars depending on the 
          size of the LAFCO, staff estimates cost pressures to Proposition 
          84 in the tens to hundreds of thousands of dollars.








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