Housing, Land Use and Transportation 05/04/2012
Housing
SB 1220 (DeSaulnier) – Request for Comment
As Amended on April 16, 2012
SB 1220, by Senator Mark DeSaulnier, would impose a fee of $75 on
the recording of each real-estate related document, except for
those documents recorded in connection with a transfer subject to
documentary transfer tax, and directs the money to the Housing
Opportunity and Market Stabilization (HOMeS) Trust Fund. The
HOMeS fund would be used for the development, acquisition,
rehabilitation, and preservation of homes affordable to low- and
moderate-income households, including emergency shelters,
transitional and permanent rental housing, foreclosure
mitigation, and homeownership opportunities.
SB 1220 is scheduled for a hearing in the Senate Appropriations
Committee on May 8.
Planning
AB 1897 (Campos) – Oppose Unless Amended
As Amended on May 2, 2012
AB 1897, by Assembly Member Nora Campos, would authorize the
Governor’s Office of Planning and Research to prepare and amend
the General Plan Guidelines to contain advice, developed in
consultation with the Department of Food and Agriculture, for
improving the health of Californians by increasing access to
healthy affordable food.
As introduced, the measure was much more prescriptive and would
have required counties and cities to undertake new mandates in
the general plan process. As amended on May 2, the mandate was
removed, however the measure still makes a number of legislative
findings and declarations related to the need to expedite local
development processes, ensure that local governments zone
sufficient land, and ensure that local governments make
regulatory concessions in order to improve healthy foods for
Californians.
CSAC now has an oppose unless amended position requesting that
the author remove the legislative findings and declarations which
we understand the she intends to do. We will remove opposition as
soon as the bill is amended to reflect these changes.
AB 1897 is set for hearing before the Assembly Local Government
Committee on May 9.
Public Works Administration
SB 1516 (Leno) – Request for Comment
As Amended on April 9, 2012
SB 1516, by Senator Mark Leno, would prohibit bid specifications
from requiring a bidder to provide submission of data
substantiating a request for a substitution of “an equal” item
prior to the bid or proposal submission deadline.
SB 1516 is set for hearing before the Senate Appropriations
Committee on May 14.
Transportation
AB 1915 (Alejo) – Request for Comment
As Amended on March 26, 2012
AB 1915, by Assembly Member Luis Alejo, would permit up to 10% of
the State’s Safe Routes to School program funds to be used to
assist eligible recipients in making infrastructure improvements,
other than school bus shelters, which create safe routes to bus
stops that are located outside the vicinity of schools.
AB 1915 is set for hearing before the Assembly Appropriations
Committee on May 9.
AB 2231 (Fuentes) – Oppose
As Amended on April 23, 2012
AB 2231, by Assembly Member Felipe Fuentes, would amend
long-standing statues related to sidewalk repairs, drastically
changing current law and disrupting the many successful and
orderly sidewalk repair programs in place in cities and counties
throughout the state.
Current law provides that property owners are responsible for
repairs on sidewalks adjacent to their property. However, AB 2231
would effect a major change in California law by making cities
and counties responsible for the repair of any sidewalks they
“own” or that have been damaged by any plant or tree.
As introduced the bill would also have made cities and counties
liable for any injury resulting from the failure to repair and
prohibits cities and counties from imposing an assessment on the
adjacent property owner for the repair of the sidewalk. However,
the April 23 amendments appear to remove the liability issue CSAC
was concerned about. We still have concerns with the new mandate
associated with making counties and cities responsible for
sidewalk repairs damaged by plants or trees and as such remain
opposed to the measure.
AB 2231 is set for hearing before the Assembly Appropriations
Committee on May 9.
SB 1149 (DeSaulnier) – Request for Comment
As Amended on May 1, 2012
SB 1149, by Senator Mark DeSaulnier, would reform the regional
governance process in the nine-county San Francisco Bay Area. The
bill would create the Bay Area Regional Commission (BARC or
Commission) to coordinate regional planning and policy decisions
dealing with transportation, housing, air quality, sustainable
community strategies, economic development, and other regional
issues.
According to the author, SB 1149 would require the Commission to
prepare a 20-year regional economic development strategy. The
strategy would be updated every four-years and its goals must be
reflected in other regional plans. Currently, neither state nor
federal law incorporates economic development into the regional
planning process.
The goal of the economic development strategy is to ensure that
the regional economy is capable of adapting to changes in
technology, market demand, and direction of the national and
international economy. The strategy would include recognition of
unique environmental, social and cultural amenities that are
found in and, in part, define the region.
BARC would be required to adopt goals for integrating the
regional planning policies of the four bay area regional agencies
with the economic development aspirations contained in the
economic development strategy. The economic development plan
would identify sectors of the economy characterized by under
investment and limited employment opportunities, and recommend
public and private investments that would enhance the probability
of increasing employment opportunities.
In addition, BARC would be required to ensure that all the
regional plans are consistent with the Sustainable Communities
Strategy and the regional economic development
strategy.
SB 1149 is set for hearing before the Senate Transportation and
Housing Committee on May 8 and the Senate Governance and Finance
Committee on May 9.
SB 1396 (Dutton) – Oppose
As Amended on April 11, 2012
SB 1396, by Senator Robert Dutton, would cap the state excise tax
on gasoline at 35.7-cents and limit the sales tax to the first
$4.00 per gallon of gasoline. Diesel taxes would also be capped
at their current rate.
CSAC sent a letter of opposition on the measure highlighting the
fact that California’s transportation network is currently facing
significant funding shortfalls just to maintain the existing
system and that legislation to reduce funding for transportation
would be counterproductive.
SB 1396 was set for hearing a before the Senate Transportation
and Housing Committee on May 8 however we were informed by the
Senator that he is not going to be pursuing the bill at this
time.
Indian Gaming
AB 517 (Hall) – Support
As Amended on April 26, 2012
AB 517, by Assembly Member Isadore Hall, would ratify the
Tribal-State Gaming Compact executed on March 27, 2012 between
the State of California and the Federated Indians of Graton
Rancheria.
CSAC has been involved in Tribal gaming issues since 1999 when
then Governor Gray Davis entered into Tribal-State Gaming
Compacts with approximately 65 Tribes for the operation of
casinos in California. While Tribal gaming policy is largely
directed at the federal and state levels, the most significant
impacts from casinos are borne by local communities and
governments. Since the first compacts were entered into, and
after working with Tribes across the state, counties have
collectively developed a wealth of experience and knowledge,
specifically with respect to implementation of
compacts.
It is based on this experience that CSAC has developed the
following policy and overall compact objectives in which to
analyze current and future new and renegotiated compacts: 1)
promote local government-tribal judicially enforceable
agreements; 2) improve the integrity of tribal environmental
review analysis; 3) ensure that off-reservation impacts of tribal
casinos are fully mitigated; and 4) provide adequate time for
both comment on environmental documents and meaningful
negotiations.
Equally important is CSAC’s policy that recognizes and respects
the tribal right of self-governance to provide for the welfare of
its tribal members and to preserve traditional tribal culture and
heritage. In similar fashion, CSAC recognizes and respects the
counties’ legal responsibility to provide for the health, safety,
environment, infrastructure, and general welfare of all members
of their communities.
The Graton Tribal-State Gaming Compact as proposed for
ratification in AB 517 is an important and significant step in
appropriately balancing the needs of Tribes and local government.
We appreciate the Governor and Tribe’s willingness to work
together to address these issues in a manner which CSAC hopes
will become a template for future agreements.
AB 517 was not specifically scheduled for a policy committee
hearing although the Senate and Assembly did hold informational
hearings on the Graton Compact this week to hear from the Tribe,
cities and county, and the public at large. Currently, the
measure is awaiting action on the Senate Floor.