Housing

AB 325 (Alejo) – Neutral 
Chapter No. 767, Statutes of 2013

AB 325, by Assembly Member Luis Alejo, expands the statute of limitations for legally challenging the adoption of a housing element or a number of related local ordinances. Specifically, the measure changes the statute in the following ways:

• For HCD-certified housing elements, 9-months to file a notice of deficiency, 60-days for the local agency to respond, and 6-months to file a lawsuit; 
• For self-certified housing elements, 2-years to file a notice of deficiency, 60-days for the local agency to respond, and 1-year to file a lawsuit ; and 
• For ordinances, 6-months to file a notice of deficiency, 60-days for the local agency to respond, and 6-months to file a lawsuit. 

After months of negotiations, CSAC, along with our local government partners, came to a final compromise on the measure which removed our mutual opposition to the proposal. Our final compromise also includes an agreement with the sponsors not to seek further amendments to the statute of limitations for at least three years.

The Governor signed AB 325 on October 12.

AB 745 (Levin) – Watch
Two-Year Bill

AB 745, by Assembly Member Marc Levine, would authorize a city or county to request theappropriate council of governments to adjust a density to be deemed appropriate if it is inconsistent with the city’s or county’s existing density. Under current law, the housing element must include analysis of identified sites which must demonstrate density standards to accommodate a jurisdiction’s regional need for all income levels, including lower-income households. That law requires a city or county to either provide a prescribed analysis demonstrating how the adopted densities accommodate this need, or deem certain densities appropriate to accommodate housing for lower income households.

Many counties have expressed difficulty in using the proscribed default densities under current law as well as the alternative density analysis process. While CSAC did not take a position on this measure in 2013, this is an issue area that CSAC continues to engage in with counties, our local government partners, housing advocates, and the California Department of Housing and Community Development.  

AB 1229 (Atkins) – Support
Vetoed

AB 1229, by Assembly Member Toni Atkins, would have affirmed cities’ and counties’ authority to require inclusionary housing as a condition of development. In his veto message, the Governor expressed his belief that requiring the construction of “below-market units” as part of development projects can exacerbate the cost of developing in low and moderate income communities without “meaningfully increasing” affordable housing options. He also argued that adjustments to the law should await the California Supreme Court’s ruling on a case related to the City of San Jose’s inclusionary housing ordinance.

The Governor vetoed AB 1229 on October 13.

SB 391 (DeSaulnier) – Watch
Two-Year Bill

SB 391, by Senator Mark DeSaulnier, would enact the California Homes and Jobs Act of 2013. The bill would impose a fee, except in certain specific instances, of $75 to be paid at the time of the recording of every real estate instrument, paper, or notice required or permitted by law to be recorded. The measure would require that revenues from this fee be sent quarterly to the Department of Housing and Community Development for deposit in the newly created California Homes and Jobs Trust Fund. The bill would provide that moneys in the fund may be expended for supporting affordable housing, administering housing programs, and the cost of periodic audits. Finally, the measure would impose certain auditing and reporting requirements.

SB 510 (Jackson) – Support
Chapter 373, Statutes of 2013

SB 510, by Senator Hannah-Beth Jackson, will clarify existing law governing the conversion of mobile home parks from rental to resident owned. Specifically, the measure will require local agencies to consider the results of surveys of mobile home park residents when deciding to approve, conditionally approve, or disprove a subdivision. Further, it will give counties and cities the authority to disprove a subdivision if at least a majority of the park’s residents do not support the conversion indicated through the survey.

SB 510 was signed by the Governor and filed with the Secretary of State on September 26.

SB 550 (Jackson) – Watch
Two-Year Bill

SB 550, by Senator Hannah-Beth Jackson, would require, as part of the next California Building Standards Code update, adopted after December 1, 2013, that the Division of the State Architect, in consultation with the Department of Housing and Community Development, propose, and that the Building Standards Commission adopt, building standards requiring public housing facilities to provide a specified number of residential dwelling units that have compliant mobility and communications features that make them accessible for persons with disabilities, and that clarify the definition of “public housing.” The bill would also require the Department of Housing and Community Development to adopt regulations that require owners and managers of multifamily housing projects that have received a department grant or loan, and that have accessible units, to give priority for those units to persons with disabilities.

Land Use

AB 116 (Bocanegra) – Support
Chapter No. 62, Statutes of 2013

AB 116, by Assembly Member Raul Bocanegra, provides an automatic 24-month extension for subdivision maps that were approved on or after January 1, 2000 and have not yet expired. For maps approved before January 1, 2000 (maps over 13 years old), the subdivider will follow the following local process for approval of the extension:

• The subdivider will be required to file an application with the local agency at least 90 days prior to the expiration of the map.
• If the local agency determines that the map is consistent with applicable zoning and general plan requirements in effect when the application is filed, the time at which the map expires will be extended by 24 months.
• If the local agency determines that the map is not consistent with applicable zoning and general plan requirements in effect when the application is filed, the agency may deny or conditionally approve a 24-month extension.
• Upon application, the map will automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs last.
• If the advisory agency denies a subdivider’s application for an extension, the subdivider would be allowed to appeal to the legislative body within 15 days after the advisory agency has denied the extension.

AB 116 was signed by the Governor and filed with the Secretary of State on July 11.

AB 162 (Holden) – Concerns
Two-Year Bill

AB 162, by Assembly Member Chris Holden, would require local agencies to grant ministerial approval for telecommunication facilities modification requests within 90 days, define the term “substantially change,” and prevent local municipalities from requiring proof of gap in coverage.

 CSAC had a number of concerns with AB 162 during the 2013 legislative session, including the time frame in which to grant approval of telecommunications projects, Brown Act requirements, compliance with the California Environmental Quality Act (CEQA), and state and federal laws that further impact the time it takes to receive, process, analyze and approve land use applications. CSAC also had concerns with the definition of “substantially change.” Lastly, we had concerns with the prohibition of local government’s ability to require proof of gap in coverage. Local governments generally require proof of gap in coverage to justify modifications to a facility, as requested by the carrier. Absent this information, counties would have difficulty determining if a modification is necessary to satisfy the coverage area.

 Working with our local government partners, CSAC was successful in stopping the bill absent amendments to address our concerns. Staff committed to working with the author’s staff on potential changes to the bill this fall should the author want to pursue the measure next year.

AB 243 (Dickinson) – Support
Two-Year Bill

AB 243, by Assembly Member Roger Dickinson, would create infrastructure and revitalization financing districts (IRFDs) which are modeled after infrastructure financing districts (IFDs) in existing law. Similar to existing IFDs, the IRFDs that would be authorized under the measure would allow the reallocation of existing tax revenues to improve a designated area. AB 243 would allow local governments to use their property tax increment to pay for a variety of purposes including community scale public works projects, projects that implement an adopted Sustainable Communities Strategy, and the acquisition, construction, or repair of housing for rental or purchase, to name a few.

AB 243 would also provide for a 55% voter threshold for the creation of an IRFD and for the issuance of bonds. It requires approval of every affected taxing jurisdiction including the City Council or Board of Supervisors to approve a plan for the IRFD thus making it a public process that allows for community input into the program.

AB 453 (Mullin) – Oppose
Two-Year Bill

AB 453, by Assembly Member Kevin Mullin, would make Local Agency Formation Commissions (LAFCOs) eligible for Sustainable Communities Planning Grants and Incentives Program funding and additionally require LAFCOs, when considering a change in organization or reorganization, to consider the effect development in the area is likely to have on meeting the region’s greenhouse gas emissions reduction targets established by the California Air Resources Board within the existing factor to consider the regional transportation plan.

AB 683 (Mullin) – Support
Vetoed

AB 683, by Assembly Member Kevin Mullin, would have authorize a city or county to specially assess any fines or penalties not paid after demand by the city or county against the owner of real property whom owes fines or penalties. The fines and penalties would have been collected at the same time and in the same manner as regularly county taxes thereby avoiding additional time consuming and costly new procedures. Finally, this measure would have authorized a local agency to appoint a hearing officer to hear and decide issues regarding ordinance violations and the imposition of administrative fines and penalties.

In his veto message, the Governor stated the bill “could hamper efforts on the part of distressed homeowners to refinance or sell their property” and that local governments have existing processes to recover their costs in abating ordinance violations.

AB 683 was vetoed on October 5.

AB 728 (Muratsuchi) – Watch
Two-Year Bill

AB 728, by Assembly Member Al Muratsuchi, would authorize the governing board of a school district, by a 2/3 vote of its members, to render a city or county zoning ordinance that applies to an advertising display inapplicable to non-classroom facilities when specified conditions are met.

CSAC, in coordination with our local government and planning partners, expressed concerns with the measure early in the legislative session. Most significantly, CSAC opposes abdicating local land use and siting authority to school districts. We were successful in holding the bill and in encouraging Los Angeles Unified School District – the sponsor of the measure – to work locally to address specific issues in their community.

AB 774 (Donnelly) – Support
Two-Year Bill 

AB 774, by Assembly Member Tim Donnelly, would eliminate the responsibility and liability for counties, county service areas (CSAs) and CSA zones for street services when a CSA or zone is dissolved or divested of authority, and when a board of supervisors is unable to raise revenues.  

AB 1092 (Levine) – Watch
Chapter No. 410, Statutes of 2013

AB 1092, by Assembly Member Marc Levine, requires the California Building Standards Commission to adopt mandatory standards for the installation of electric vehicle charging infrastructure for parking spaces in multifamily dwellings and nonresidential development in the next triennial edition of the California Building Standards Code.   

 AB 1092 was signed by the Governor and filed with the Secretary of State on September 28.

AB 1359 (Hernandez) – Neutral Chapter No. 412, Statutes of 2013

AB 1359, by Assembly Member Roger Hernandez, will allow Quimby Act fees to be used for the purpose of developing new, or rehabilitating existing, park or recreational facilities in a neighborhood other than the neighborhood in which the fees were paid, if certain requirements are met.

 CSAC was opposed to one provision that was amended into the bill during the legislative session; however, by working with the author’s office and other stakeholders, CSAC was successful in getting that provision removed from the measure. The provision would have required Quimby Act fees to be paid at either the date of the final inspection or issuance of certificate of occupancy, whichever occurs earlier. Under current law, and even after this measure takes effect, these fees are paid at the time of recording of the final map or parcel map unless a local jurisdiction provides for differently by local ordinance.

AB 1359 was signed by the Governor and filed with the Secretary of State on September 28.

SB 33 (Wolk) – Support
Two-Year Bill

SB 33, by Senator Lois Wolk, would amend state law governing Infrastructure Financing Districts (IFDs) to provide an improved mechanism to deliver much-needed infrastructure projects and create jobs in California. SB 33 would, among other things, eliminate the two-thirds vote requirement to establish an IFD, remove the two-thirds vote requirement to issue IFD-associated bonds, extend the life of IFDs from thirty to forty years, expand the eligible projects to include transit priority projects consistent with a Sustainable Communities Strategy, and would allow IFDs to locate in former redevelopment areas.

SB 184 (Senate Governance and Finance Committee) – Support
Chapter No. 210, Statutes of 2013

SB 184, by the Senate Governance and Finance Committee, is the Local Government Omnibus Act of 2013.  

 CSAC specifically requested two provisions in the measure. First, it provides technical clarification to the definition of a “city” in the statutes governing Infrastructure Financing Districts (IFDs). Specifically, the statutes governing IFDs only use the term “city” because “city” is defined, for the purposes of the IFD statutes, as including a city, county, and city and county. The definition of a “city” that incorporates a county is factually inaccurate and the exclusive use of the term “city” throughout the IFD statutes may mislead some readers into thinking that counties are not authorized to use IFDs.

Second, it will restore the Subdivision Map Act (Map Act) to the exact wording of the statute as it read before January 1, 2012, in order to correct unintended consequences from technical conforming changes made in the Local Government Omnibus Act of 2011 (Chapter No. 382, Statutes of 2011). Specifically, the Local Government Omnibus Act of 2011 amended a section of the Map Act that excluded land conveyed to (or from) a government agency, public entity, public utility, or land conveyed to a subsidiary of a public utility for conveyance to the public utility from being counted as a parcel.  Those amendments inadvertently eliminated the statute’s frequently-used exemption for specified real property transactions involving local governments and public utilities. Without this important exemption, real property transactions involving counties and other local governments could have to go through the two-stage process involving a tentative map and a final map rather than the one-step process for obtaining a parcel map. 

The Governor signed SB 184 on September 6.

SB 673 (DeSaulnier) – Watch
Two-Year Bill 

SB 673, by Senator Mark DeSaulnier, would require a city or county to have a cost-benefit analysis prepared for any retail or commercial facility that receives $1 million or more in subsidies. This bill would also specify ten components that must be included in a cost-benefit analysis.

SB 684 (Hill) – Support
Chapter No. 544, Statutes of 2013

SB 684, by Senator Jerry Hill, authorizes the extension, preservation and retention of existing redevelopment signs with approval of the county or city. The bill does not authorize new signage nor are the existing signs under this proposal billboards. 

This measure was necessary in light of the elimination of redevelopment agencies and the unintended consequence that existing sign agreements cannot be extended because there is no longer a redevelopment agency to authorize the extension. Before the elimination of redevelopment agencies, these signs were exempt from the Outdoor Advertising Act. Signage agreements needed authorization from the redevelopment agency and the California Department of Transportation (Caltrans). SB 684 simply clarifies that existing redevelopment signs can be extended with approval of a county or city, in place of the redevelopment agency, and Caltrans. 

The Governor signed SB 684 on October 4. 

Public Works

AB 195 (Hall) – Co-Sponsor
Chapter No. 121, Statutes of 2013

 AB 195, by Assembly Member Isadore Hall, extends the sunset date on existing design-build authority granted to counties to July 1, 2016. Existing law, which is currently set to sunset on July 1, 2014, authorizes counties to use an alternative bidding procedure, design-build, for specified construction projects in the county with a project cost of more than $2,500,000.

AB 195 was signed by the Governor and filed with the Secretary of State on August 19.

SB 328 (Knight) – Support
Chapter No. 517, Statutes of 2013

 SB 328, by Senator Stephen Knight, will, until January 1, 2018, allow a county, with approval of the Board of Supervisors, to use construction manager at-risk construction contracts for erecting, constructing, altering, repairing, or improving buildings owned or leased by the county.  Only public works projects costing in excess of $1 million are eligible. The measure allows a county to award the construction manager at-risk construction contract using either the lowest responsible bidder or best value method.

SB 328 was signed by the Governor on October 3.

SB 785 (Wolk) – Support
Two-Year Bill

SB 785, by Senator Lois Wolk, would recast existing design-build statutes for purposes of eliminating inconsistencies and consolidating present statutory authority as well as extend the sunset date on existing design-build authority and reduce the project cost threshold to projects that exceed $1 million. 

Transportation

AB 14 (Lowenthal) – Support
Chapter No. 223, Statutes of 2013

AB 14, by Assembly Member Bonnie Lowenthal, requires the California State Transportation Agency (CalSTA) to convene a Freight Advisory Committee to assist with the development of a State Freight Plan that guides the immediate and long-range planning activities and capital investments for the movement of freight. The Freight Advisory Committee will consist of a broad group of stakeholders including representatives of ports, shippers, carriers, freight industry associations and workforce, state departments and commissions, environmental, safety, and community organizations, and local governments.

AB 14 was signed by the Governor on September 6.

AB 22 (Blumenfield) – Oppose
Two-Year Bill

 AB 22, by Assembly Member Blumenfield, would require any city or county that has an ordinance that requires the city or county to repair or reconstruct streets, sidewalks, or driveways damaged as a result of tree growth to obtain voter approval before repealing that ordinance.

 CSAC opposed a similar measure introduced in 2012 as well as other legislative efforts in past years and we continue to oppose this policy proposal as it creates a dangerous precedent, undermines the role of county boards of supervisors, and creates a disincentive for local governments to assist with the costs of sidewalk repairs. Due to continued opposition from CSAC and the League of California Cities, this measure did not move in 2013.

AB 1002 (Bloom) – Watch
Two-Year Bill

AB 1002, by Assembly Member Richard Bloom, would impose a tax of $6 at the time of vehicle registration or renewal. The funds would be deposited into the Sustainable Communities Strategy Subaccount of the Motor Vehicle Account for appropriation by the Legislature.

 CSAC watched this measure closely in the early months of the legislative session. While the bill ultimately did not move in 2013, CSAC is monitoring this legislation and other efforts related to increasing revenue for transportation purposes. We do not anticipate a single legislative measure addressing the full variety of transportation infrastructure needs, rather it will be a package of efforts, so CSAC will continue to monitor legislation and participate in coalitions in 2014.

AB 574 (Lowenthal) – Support
Two-Year Bill

AB 574, by Assembly Member Bonnie Lowenthal, would create the Sustainable Communities Infrastructure Program. The purpose of the program is to invest cap and trade auction revenues derived from fuels into transportation and sustainable communities infrastructure to reduce greenhouse gas (GHG) emissions and to address infrastructure needs that are critical to the development and support of sustainable communities.

AB 574 builds upon existing statewide strategies such as regional blueprints and SB 375 (Chapter No. 728, Statutes of 2008), which the State enacted to reduce GHG emissions from the transportation sector via integrated transportation, housing, and land use planning and projects at the regional and local levels. Guided by state criteria, AB 574 would use the existing regional structure to advance a competitive grant program to incentivize and foster innovation at the local level. Projects awarded funds under the program would integrate land use changes with transportation infrastructure investments to achieve cost-effective GHG emissions reductions. AB 574 provides a unique opportunity to implement existing statewide directives for the development of sustainable communities and the reduction of GHG emissions in all 58 California counties.

Counties recall that the Legislature ultimately approved the Governor’s $500 million loan from Cap and Trade auction revenues to the State’s General Fund in the FY 2013-14 State Budget. Consistent with this action, none of the cap and trade legislation introduced in 2013, including AB 574, made it through the entire legislative process and to the Governor’s desk. CSAC has continued its coalition efforts on our two cap and trade proposals; one related to transportation funding and the other for funding for a local government program as envisioned in AB 416 by Assembly Member Rich Gordon.

AB 612 (Nazarian) – Watch
Two-Year Bill

AB 612, by Assembly Member Adrin Nazarian, would require that yellow light intervals at intersections equipped with automated enforcement systems be extended by one second.

AB 755 (Ammiano) – Neutral
Chapter No. 593, Statutes of 2013

AB 755, by Assembly Member Tom Ammiano, requires that project study reports (PSRs) for a project involving the construction of a new bridge or the replacement of an existing bridge with a history of documented suicides – identified in a regional transportation plan, interregional transportation improvement program, or the state highway operation and protection program – include a document demonstrating that a suicide barrier was a feature considered during the project’s planning process.

While we certainly recognize the seriousness of mental health issues facing the state and nation, unfortunately,

CSAC had significant concerns with the measure as introduced. We are pleased to report that CSAC was successful in achieving amendments to the bill to eliminate our most serious concerns.

The Governor signed AB 755 on October 5. 

SB 791 (Wyland) Oppose
Two-Year Bill

SB 791, by Senator Mark Wyland, would require legislative approval by a two-thirds vote to adjust the fuel excise tax rate pursuant to the Transportation Tax Swap (Tax Swap). Further, the measure would require the Department of Finance to annually calculate the fuel excise tax rate rather than the Board of Equalization and report to the Legislature before March 1 of each year.

By working with our local government, transportation, and private sector partners, CSAC assisted in ensuring this measure did not move during the 2013 legislative session. This is not the first legislative effort to undo part of, or modify, the Tax Swap, and CSAC will continue to strongly oppose this and other similar efforts in the future. 

Tribal and Intergovernmental Affairs

AB 52 (Gatto) – Concerns
Two-Year Bill

AB 52, by Assembly Member Mike Gatto, would treat “tribal cultural resources” differently than any other resource with regards to the CEQA process. While the measure was amended to address some of the concerns raised by CSAC and our local government partners at the end of session, we are still working with local government, building industry, planning stakeholders, the author’s office, and sponsors to determine and minimize, to the extent possible, the impacts on local land use authority. CSAC’s policy for sacred sites and other tribal cultural resources, while respecting tribal sovereignty, encourages tribal governments to work with local agencies in the spirit of government-to-government cooperation to ensure sacred sites are protected. Specifically, local governments should consult with tribal governments when amending general plans to preserve and/or mitigate impacts to Native American historical, cultural, or sacred sites.

AB 1042 (Hall) – Support
Chapter No. 746, Statutes of 2013

AB 1042, by Assembly Member Isadore Hall, appropriates $9.1 million in FY 2013-14 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 used his blue pencil authority to reduce the appropriation from $13 million to $9.1 million. In his signing statement, the Governor reiterated his concern that the Special Distribution Fund has a structural imbalance. He also indicated that opposition to the recently ratified compacts with the North Fork Rancheria Band of Mono Indians and the Wiyot Tribe, which are currently the subject of a referendum, has “led to a potential shortfall” and “pressure on the General Fund.”

 AB 1042 was signed by the Governor and filed with the Secretary of State on October 11.

SB 406 (Evans) – Watch
Two-Year Bill

SB 406, by Senator Noreen Evans, would exempt Indian tribal judgments from the Uniform Foreign-Country Money Judgments Recognition Act and would instead enact the Tribal Court Civil Judgment Act in its place. The new act would provide for the enforceability of tribal court judgments in California, but it would expand the range of judgments that may be enforced to include all civil tribal judgments, except as specified. The act would prescribe the procedure for applying for recognition and entry of a judgment based on a tribal court judgment, the procedure and grounds for objecting to the entry of judgment, and the bases upon which the court may refuse to enter the judgment or grant a stay of enforcement. The bill would further require the Judicial Council to prescribe a form for the notice of filing the application for recognition of the tribal court judgment.

CSAC does not have a position on this measure at this time, but we had previously posed questions and identified issues warranting further consideration in correspondence to the Judicial Council in 2011.  County interactions with community members cut across a wide spectrum of services potentially impacted by this proposal, including the provision of social services to tribal members and enforcement of court orders through the County Sheriffs.  Because of the direct impact on county operations, CSAC believes several issues deserve a robust conversation before the Legislature acts on such a proposal.