Housing, Land Use and Transportation
Transportation
SB 254 (Allen) – Request for Comment
As amended on April 22, 2015
Senate Bill 254, by Assembly Member Ben Allen, would authorize
the California Transportation Commission to relinquish portions
of the state highway system to a county or city without
legislative action. Specifically, the bill would require Caltrans
to biennially report to CTC on highway segments that primarily
serve regional rather than interregional movement of people and
goods, and require Caltrans to identify routes and segments that
would be the best candidates for future relinquishment.
The CTC would not be able to relinquish any portion of the state
highway system until Caltrans has entered into an agreement with
the recipient of the highway segment and has placed the highway
in a state of good repair.
Relinquishment could then only proceed if the CTC, after a public
hearing and cost-benefit analysis, makes findings that the
relinquishment is in the best interest of the state. The bill
would require notice and provide hearing opportunities for
adjacent jurisdictions affected by a relinquishment. SB 254 would
not allow the relinquishment through this non-legislative process
of all or portions of routes included in the interregional road
system as listed in Streets and Highways Code Section 164.3.
Finally, the CTC would be required to report annually to the
Legislature on state highway system relinquishments.
CSAC is interested in comments from counties on this bill, which
would provide a means of relinquishing certain portions of the
state highway system to local control without requiring
legislation.
SB 254 will be heard in the Senate Appropriations Committee on
May 11.
SB 321 (Beall) – Support
Senate Bill 321, by Senator Jim Beall, would make a technical
adjustment to the gas tax swap to reduce revenue volatility. The
Board of Equalization is charged with setting the rate of the
gasoline excise tax to ensure that it generates the same amount
of revenue of the former sales tax. The current process for
setting the rate is susceptible to rapid changes due to
fluctuations in the price of gasoline. CSAC supports SB 321
because it will incorporate historical prices during the
rate-setting process, which will smooth out revenues while
maintaining revenue neutrality with the former sales tax. The
bill would also allow a mid-year adjustment if prices differ
drastically from prior estimates. Finally, SB 321 would reduce
the anticipated $885 million cut to transportation funding in
2015-16 by $270 million dollars.
SB 321 is on the Senate Third Reading file.
Housing
AB 35 (Chiu) – Support
As amended on April 16, 2015
Assembly Bill 35, by Assembly Member David Chiu, would increase
the state’s Low Income Housing Tax Credit by $300 million. The
LIHTC program is used for the construction and rehabilitation of
affordable housing units across the state. The increase in the
state investment would leverage an additional $600 million in
federal tax credits and federal tax-exempt bonds.
AB 35 will be heard in the Assembly Revenue and Taxation
Committee on May 11.
AB 744 (Chau) – Request for Comment
As amended on March 26, 2015
Assembly Bill 744, by Assembly Member Ed Chau, would require
cities and counties to eliminate minimum parking requirements
upon the request of a developer receiving a density bonus,
provided that certain criteria are met. Specifically, the
developer would be able to opt out minimum parking standards if
the development receiving the density bonus is located within a
half-mile of a major transit stop, is a senior citizen housing
development, or is a special needs development. The measure would
also provide that a city or county could impose a maximum onsite
parking requirement for a development.
CSAC would appreciate comments from counties on the impact of
this bill. AB 744 will be heard in the Assembly Appropriations
Committee on May 13.
Public Works Administration
AB 975 (Frazier) Request for Comment
As amended on May 4, 2015
Assembly Bill 975, by Assembly Member Jim Frazier, would amend
the Local Agency Public Construction Act to preclude a public
agency from disqualifying a bidder based solely on a response to
a prequalification questionnaire indicating that the bidder has
filed a claim against a project owner through the courts,
mediation, or arbitration.
CSAC is interested in comments from counties on this measure. The
bill was recently amended to remove a provision that would
prevent public agencies from disqualifying a prospective bidder
that is or was involved in an affirmative claim filed by a
project owner through the courts, mediation, or
arbitration.
AB 975 was passed by the Assembly Education Committee on April 30
and referred to the Assembly Appropriations Committee.
SB 762 (Wolk) – Request for Comment
As amended on April 28, 2015
Senate Bill 762, by Senator Lois Wolk, would create a pilot
program allowing counties to select the lowest responsible bidder
on the basis of best value, defined as the best combination of
price and qualifications, for construction projects in excess of
$1,000,000. Participating counties would establish a procedure to
prequalify bidders, include criteria used to evaluate bids in the
solicitation, and divide bid price by bidders qualifications
score to develop an objective measure of best value. Further,
counties could not make an award to the lowest responsible bidder
on the basis of best value unless the county holds a public
meeting and makes written findings that doing so would meet one
of more of the following objectives: reducing project costs,
expediting the completion of the project, or providing features
not achievable through awarding the contract on the basis of the
lowest bid price. Participating counties would be required to
report to submit a report to the Legislature by January 1, 2020,
including descriptions of projects awarded using the best value
approach, contract award amounts, bid criteria, project outcomes
and other information.
CSAC requests comments from counties on this measure, including
whether it would be helpful in awarding contracts for public
works projects. SB 762 will be heard in the Senate Appropriations
Committee on May 11.
Land Use
AB 57 (Quirk) – Oppose
As amended on April 6, 2015
Assembly Bill 57, by Assembly Member Bill Quirk, would deem
approved any application for colocation or siting of a new
wireless telecommunications facility if a city or county fails to
approve or disapprove the application within time periods that
the Federal Communications Commission (FCC) established for
colocation and siting applications. Under the FCC rule, local
governments were given 90 days to respond to colocation
applications and 150 days for siting applications. Unlike AB 57,
the FCC’s 90/150-day rule only provided wireless
telecommunications carriers with a rebuttable presumption to be
used in court if a local agency failed to act in a timely
manner.
CSAC opposes AB 57 because it goes beyond the requirements of
federal law and regulations, limits the ability of local agencies
to review projects, and may perversely result in more permit
denials if adequate review cannot be completed within the
prescribed timeframes. Moreover, we are concerned about the
ramifications of specifying in statute that a wireless
telecommunication facility is not municipal affairs, but rather a
matter of statewide concern.
AB 57 will be hard in the Assembly Local Government Committee on
May 13.
AB 779 (Garcia) – Support
As amended on April 14, 2015
Assembly Bill 779, by Assembly Member Cristina Garcia, would
provide that any guidelines issued to implement the provisions of
SB 743 (Steinberg, 2013), which required the Office of Planning
and Research (OPR) to develop amendments to the CEQA guidelines
to replace Level of Service (LOS) with a different metric for
analyzing transportation-related impacts of projects shall not be
effective until July 1, 2017.
CSAC has expressed concerns with OPR’s discussion draft proposal,
which would replace LOS with a vehicle miles travelled (VMT)
metric for projects completed anywhere in the state. While, CSAC
understands and supports the policy basis for transitioning from
LOS to VMT in dense, urban areas with many transportation
alternatives, we remain concerned with the feasibility and
potential unintended consequences of requiring VMT analysis for
projects with transportation impacts anywhere in the state. AB
779 would allow additional time to fully vet this proposed
change.
AB 779 will be heard in the Assembly Appropriations Committee on
May 13.