Housing, Land Use, and Transportation 10/03/2012
California Environmental Quality Act
AB 890 (Olsen) – Support
Chapter No. 528, Statutes of 2012
AB 890, by Assembly Member Kristin Olsen, exempts from the
California Environmental Quality Act (CEQA) repair, maintenance,
and minor alterations of existing roadways, provided the project
is initiated by a city or county to improve public safety, does
not cross a waterway, and involves negligible or no expansion of
an existing use. The exemption applies to a city or county with a
population of less than 100,000 persons and will sunset January
1, 2016.
AB 890 was signed by the Governor on September 25,
2012.
SB 984 (Simitian) – Pending
Failed Passage
SB 984, by Senator Joe Simitian, would have, under the California
Environmental Quality Act, required the lead agency, at the
request of a project applicant, to prepare a record of
proceedings concurrently with the preparation and certification
of an EIR. The lead agency would have been required to certify
the record of proceedings within five days of its approval of the
project.
The measure failed passage during the 2012 legislative
session.
Housing
AB 542 (Allen) – Support if Amended
Failed Passage
AB 542, by Assembly Member Michael Allen, would have replace
existing housing element law that allows a county or city to use
densities less than the statutorily defined default densities to
accommodate lower-income households in order to accommodate the
jurisdiction’s share of the regional housing need. The measure
would have replaced existing law with two different
options/requirements in order to use less than the default
densities. The new analysis would have be based on substantial
evidence and include one or both of the following: 1) an analysis
demonstrating the financial feasibility of newly constructing
unsubsidized, market-rate housing that is affordable to
low-income and very low-income households at the adopted
densities, 2) an analysis demonstrating that the total
development cost per unit of newly constructing housing
affordable to lower-income households at the adopted densities
does not exceed the total development cost per unit of newly
constructing housing affordable to lower-income households at the
default densities and that the adopted densities do not reduce
the ability of housing developments affordable to lower-income
households to obtain subsidies to meet all anticipated funding
gaps.
The measure failed passage during the 2012 legislative
session.
AB 2314 (Carter) – Support
Chapter No. 201, Statutes of 2012
AB 2314, by Wilmer Amina Carter, provides local governments
additional tools to fight neighborhood blight. Specifically, the
measure eliminates the sunset date on existing statutory
authority that allows counties to impose civil penalties of up to
$1,000 for failure to maintain vacant residential property. The
measure also provides new owners of blighted property a sixty-day
grace period in which enforcement actions are prohibited as long
as repairs are being made to the property. The measure further
requires banks to notify local agencies when they release liens
on foreclosed properties so that demolition of blighted
properties can proceed. Finally, the measure provides that a
property owner is liable for all unrecovered costs associated
with a receivership in addition to other remedies provided for in
the law.
The Governor signed AB 2314 on August 27, 2012.
AB 2447 (Skinner) – Support
Failed Passage
AB 2447, by Assembly Member Nancy Skinner, the California
Neighborhood Revitalization Partnership Act of 2012, would have
created a competitive grant program for financing the purchase of
foreclosed homes, the demolition of blighted structures that are
foreclosed or abandoned, and the redevelopment of demolished or
vacant properties.
The measure failed passage during the 2012 legislative
session.
SB 1220 (DeSaulnier) – Pending
Failed Passage
SB 1220, by Senator Mark DeSaulnier, would have imposed 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 directed the money to
the Housing Opportunity and Market Stabilization (HOMeS) Trust
Fund. The HOMeS fund would have been 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.
The measure failed passage during the 2012 legislative
session.
Land Use/Planning
AB 1549 (Gatto) – Watch
Failed Passage
AB 1549, by Assembly Member Mike Gatto, would have required the
Office of Permit Assistance (Office) to provide information to
developers explaining the permit approval process at the state
and local levels, or assist them in meeting statutory
environmental quality requirements. This bill would have also
require the Office to develop guidelines providing technical
assistance to local agencies for the establishment and operation
of an expedited development permit process and provided grants
and technical assistance to cities and counties for the
establishment of an expedited development permit process.
Finally, the bill would have required a city or county with a
population of 100,000 or more, upon the request of an applicant,
to designate an administrative entity to serve as the applicant’s
single point of contact with the local agency with respect to all
applications and permits required by the local agency for the
applicant’s commercial or industrial development
project.
The measure failed passage during the 2012 legislative
session.
AB 1627 (Dickinson) – Pending
Failed Passage
AB 1627, by Assembly Member Roger Dickinson, would have enacted
the Healthy Neighborhoods Act of 2012 and would have: 1) required
the California Energy Commission (CEC) to prescribe, by
regulation, standards for reducing vehicle miles traveled by
occupants of a building that would be applicable to new
residential and nonresidential buildings and modification of
existing residential and nonresidential buildings, 2) required
the CEC to publish the standards, upon adoption, in the energy
conservation manual, 3) prohibited a local building department
from issuing a building permit for a residential or
nonresidential building unless the department confirmed that the
building plan complies with the standards, 4) authorized a city,
county, or city and county to prescribe, by ordinance or
resolution, a schedule of fees sufficient to cover the costs
incurred in the enforcement of these standards, and 5) prohibited
a local building department from issuing a building permit for a
residential or nonresidential building unless the department
confirms that the building plan complies with the CEC’s building
design and construction standards and energy and water
conservation design standards for new residential and
nonresidential buildings.
The measure failed passage during the 2012 legislative
session.
AB 1897 (Campos) – Neutral
Failed Passage
AB 1897, by Assembly Member Nora Campos, would have required 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.
The measure failed passage during the 2012 legislative
session.
SB 214 (Wolk) – Support
Vetoed
SB 214, by Senator Lois Wolk, would have updated state law
governing Infrastructure Financing Districts (IFDs) to provide an
improved mechanism to deliver much-needed infrastructure projects
and create jobs in California. Specifically, the measure would
have eliminated the two-thirds vote requirement to establish an
IFD, removed the two-thirds vote requirement to issue
IFD-associated bonds, extended the life of IFDs from thirty to
forty years, expanded the eligible projects to include transit
priority projects consistent with a Sustainable Communities
Strategy, and would have allowed IFDs to locate in former
redevelopment areas.
The Governor vetoed the measure on September 29, 2012.
Public Work Administration
AB 1901 (Jones) – Support
Failed Passage
AB 1901, by Assembly Member Brian Jones, would have reduced the
project cost threshold in order for counties and cities to use
the design-build method from $2.5 million to $1
million.
The measure failed passage during the 2012 legislative
session.
AB 2231 (Fuentes) – Oppose
Failed Passage
AB 2231, by Assembly Member Felipe Fuentes, would have required
voter approval before cities and counties could implement state
law that states that property owners adjacent to sidewalks are
responsible for sidewalk repair. Further, the bill would have
prohibited cities and counties that have an ordinance in place
that requires that local entity to repair sidewalks, from
imposing a fee, charge, or assessment, except a voluntary
contractual assessment, for sidewalk repairs against an owner of
private property fronting on any portion of a sidewalk, unless a
repeal of that local entity’s sidewalk repair ordinance was
approved by the voters.
The measure failed passage during the 2012 legislative
session.
SB 1516 (Leno) – Oppose
Failed Passage
SB 1516, by Senator Mark Leno, would have effectively eliminated
a local agency’s right to require substitution requests from
bidders prior to the submission of bids unless they first
establish a specific procedure for doing so. SB 1516 would also
have allowed a bidder whose proposed “or equal” item is rejected
to issue a court challenge.
The measure failed passage during the 2012 legislative
session.
Transportation
AB 1706 (Eng) – Neutral
Chapter No. 771, Statutes of 2012
AB 1706, by Assembly Member Mike Eng, permanently allows the
operation of overweight transit buses on non-interstate highways
that were procured before January 1, 2013. The measure also
authorizes transit operators to purchase new overweight transit
buses to replace existing buses of equal or lesser weight, or to
incorporate a new fleet class under specified conditions, until
2015.
The Governor signed AB 1706 on September 29, 2012.
AB 1780 (Bonilla) – Support
Failed Passage
AB 1780, by Assembly Member Susan Bonilla, would have directed
the Department of Transportation to pay for the oversight of
planning documents that are paid for by local agencies and make
improvements to the State Highway System. Specifically, the
measure sought to statutorily direct Caltrans’ transportation
planning review department to pay for their own staff cost of
reviewing planning documents (referred to as PIDs) from the State
Highway Account.
The measure failed passage during the 2012 legislative
session.
AB 1915 (Alejo) – Neutral
Chapter No. 640, Statutes of 2012
AB 1915, by Assembly Member Luis Alejo, permits up to 10% of the
state’s Safe Routes to School (SR2S) program funds to be used to
assist eligible recipients in making infrastructure improvements
(other than school bus shelters) that create safe routes to
school bus stops that are located outside the vicinity of
schools.
The Governor signed AB 1915 on September 27, 2012.
ACA 23 (Perea) – Support
Failed Passage
ACA 23, by Assembly Member Henry Perea, would have allowed for
the imposition, extension, or increase of a special tax, by a
local government for the purpose of providing funding for local
transportation projects upon the approval of 55% of its voters
from the current two-thirds voter requirement.
The measure failed passage during the 2012 legislative
session.
SB 878 (DeSaulnier) – Concerns
Vetoed
SB 878, by Senator Mark DeSaulnier, would have established an
independent Office of Transportation Inspector General (OTIG) to
ensure that transportation funds were operating efficiently,
effectively, and in compliance with applicable federal and state
laws. The OTIG would have reviewed policies, practices, and
procedures, and conducted audits and investigations of all
activities involving state transportation funds, in consultation
with all affected agencies. Further, the measure would have
stipulated that funding for OTIG would come from federal
transportation funds to the extent possible, with any shortfall
in federal funding to come proportionately from the Highway Users
Tax Account and an account funding high-speed rail.
The Governor vetoed the measure on September 30, 2012.
SB 907 (Evans) – Support if Amended
Failed Passage
SB 907, by Senator Noreen Evans, would have created the Master
Plan for Infrastructure Financing and Development Commission and
would have required the Commission to prepare and submit a
strategy and plan for infrastructure development in California by
December 1, 2013.
The measure failed passage during the 2012 legislative
session.
SB 1149 (DeSaulnier) – Neutral
Failed Passage
SB 1149, by Senator Mark DeSaulnier, would have reformed the
regional governance process in the nine-county San Francisco Bay
Area. The bill would have created the Bay Area Regional
Commission (BARC) to coordinate regional planning and policy
decisions dealing with transportation, housing, air quality,
sustainable community strategies, economic development, and other
regional issues.
The measure failed passage during the 2012 legislative
session.
SB 1396 (Dutton) – Oppose
Failed Passage
SB 1396, by Senator Robert Dutton, would have caped the state
excise tax on gasoline at 35.7-cents and limited the sales tax to
the first $4.00 per gallon of gasoline. Diesel taxes would have
also been capped at current rates.
The measure failed passage during the 2012 legislative
session.
Tribal Gaming
AB 2515 (Hall) – Support
Chapter No. 704, Statutes of 2012
AB 2515, by Assembly Member Isadore Hall, appropriates $9.1
million from the Indian Gaming Special Distribution Fund (SDF)
for the purpose of local community mitigation grants to help
off-set the impacts on infrastructure and public services from
tribal gaming.
The Governor signed the measure on September 28, 2012.
SB 162 (Anderson) – Oppose
Failed Passage
SB 162, by Senator Joel Anderson, would have prohibited a state
agency from opposing fee-to-trust land acquisition applications
if the land is intended for housing, environmental protection, or
cultural preservation.
The measure failed passage during the 2012 legislative
session.
AB 517 (Hall) – Support
Chapter No. 12, Statutes of 2012
AB 517, by Assembly Member Isadore Hall, ratifies the
Tribal-State Gaming Compact executed on March 27, 2012 between
the State of California and the Federated Indians of Graton
Rancheria.
The Governor signed the measure on May 17, 2012.