Housing, Land Use and Transportation
Crunch Time as We Close in on End of Session
Transportation
AB 516 (Mullin) – Support
As amended on July 16, 2015
Assembly Bill 516, by Assembly Member Kevin Mullin, would require
the Department of Motor Vehicles to create a process to issue
temporary license plates by January 1, 2018, and requires dealers
to attach TLPs to all unplated vehicles when they are sold
beginning January 1, 2018. The bill would address an issue in
current law that allows thousands of vehicles to drive on our
roads with no license plate, creating a public safety hazard and
reducing toll revenue by $15 million per year as a result of
vehicles without plates using toll roads and bridges without
payment.
Electronic toll payment collection systems rely upon a photo of
the vehicle’s license plate for enforcement. Without a plate,
vehicles are able to use toll lanes and toll bridges without much
fear of getting caught. The Metropolitan Transportation
Commission, for example, estimates that it loses $9 million
annually in unpaid tolls, with statewide losses of $15 million.
CSAC supports this common sense measure to improve public safety
and ensure that toll revenues can be collected.
AB 516 will be heard on August 24 in the Senate Appropriations
Committee.
ACA 4 (Frazier) – Support
As amended on August 17, 2105
Assembly Constitutional Amendment 4, by Assembly Member Jim
Frazier, would provide that the imposition, extension, or
increase of a special tax by a local government for local
transportation projects requires the approval of fifty-five
percent of the voters. While twenty counties, which comprise over
eighty percent of the state’s population, have already adopted
local transportation revenue measures, many other counties aspire
to raise additional revenue to fund priority transportation
projects. Initial estimates show that if voters in each of these
additional counties approved a quarter-cent sales tax measure,
they would generate approximately $300 million in new local
transportation revenues. CSAC supports this measure, because in
addition to helping counties institute new “self-help” measures,
it would also facilitate the extension of expiring transportation
funding measures, while still maintaining the high bar of
super-majority voter approval.
ACA 4 is on the Senate Appropriations Committee suspense file,
which will be acted on by the Committee on August 27.
SB 321 (Beall) – Support
As amended on August 18, 2015
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
beginning in the 2016-17 fiscal year. The bill would also allow a
mid-year adjustment if prices differ drastically from prior
estimates.
While this issue would also be addressed by Senator Bills SBX1 1,
CSAC and our coalition partners continue to support this regular
session bill to ensure that the issue of the volatility of the
price-based excise tax revenues is addressed this year.
SB 321 will be heard in the Assembly Appropriations Committee on
August 26.
Housing
AB 35 (Chiu) – Support
As amended on May 20, 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 is on the Senate Appropriations Committee suspense file,
which will be acted on by the Committee on August 27.
Land Use and Planning
AB 57 (Quirk) – Oppose
As amended on August 18, 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, CSAC feels that the wireless
industry has failed to demonstrate that delays in siting or
co-locating these facilities are primarily due to failure by
local agencies to expeditiously process permits, which calls into
question the necessity of the bill.
AB 57 is on the Third Reading File on the Senate floor.
AB 325 (Wood) – Support
As amended on July 1, 2015
Assembly Bill 325, by Assembly Member Jim Wood, would make
changes to the Community Development Block Grant (CDBG) Program
application process for non-entitlement counties. Specifically,
the bill would require that no later than 60 days after the
Department of Housing and Community Development (HCD) notifies an
applicant that their CDBG application has been approved, HCD must
enter into a grant agreement with the applicant unless the
federal government of the Legislature makes significant changes
to the program. It would also require HCD, when it enters into a
grant agreement with an applicant, to provide the applicant with
a complete and final list of all of the activities the applicant
must complete in order to receive a disbursement of funds
pursuant to the agreement. Changes to the list would be allowed
if the applicant changes the original application or the
Legislature or federal government requires changes. Finally,
within 30 days after the receipt of a request for the
disbursement of funds from a grantee, HCD must either notify the
grantee that HCD has approved disbursement of the funds, or
provide the applicant with a complete and final list of all of
the remaining activities the applicant must complete in order for
HCD to approve disbursement of the funds.
CSAC supports this measure, which would improve transparency and
accountability in the administration of the Community Development
Block Grant program for California’s “non-entitlement” counties.
AB 325 is on the Assembly floor for concurrence in the Senate’s
amendments before being sent to the Governor.
AB 514 (Williams) – Support
As amended on July 15, 2015
AB 514, by Assembly Member Das Williams, would provide that a
city or county could impose fines for violators of land use codes
that are proportional to the magnitude of the violation.
Specifically, violations of a local building and safety
ordinance, brush removal ordinance, grading ordinance, film
permit ordinance, or zoning ordinance determined to be an
infraction would be subject to graduated fines for each
subsequent violation of the same ordinance within five years
based on the severity of the threat to public safety. Violations
of any of these ordinances for which permit fees were required
would result in fines not to exceed $5,000 or three times the
permit fee for a first violation, $10,000 or five times the
permit fee for a second violation, and $10,000 to $15,000 for a
third or subsequent violation within five years of the first
violation. For violations where a permit fee would not have been
required, the fines would be capped at $1,000, $2,500, and
$5,000, respectively. An initial violation, however, would be
capped at a fine of $500 unless the fine would not impose an
undue financial hardship on the person responsible and the
violation was willful or resulted in an unusual or significant
threat to public safety and health.
CSAC supports offering counties additional tools to ensure public
safety, especially since the currently authorized maximum
allowable fine amounts for these violations have proven
insufficient to deter violators of land use enforcement codes in
many counties.
AB 514 is on the Third Reading File on the Senate floor.
AB 779 (Garcia) – Request for Comments
As amended on August 19, 2015
Assembly Bill 779, by Assembly Member Cristina Garcia, was
substantially amended this week. The amended bill would revise
the definition of an “infill opportunity zone” to not require
that it be within a specified distance of a major transit stop or
high-quality transit corridor. Moreover, the bill would revise
the requirements for a congestion management program by removing
traffic level of service (LOS) standards established for a system
of highways and roadways as a required element and instead
requiring measures of effectiveness for a system of highways and
roadways. The bill would also require the program to analyze the
relationship between local land use decisions and regional
transportation systems, instead of analyzing impacts of the land
use decisions on the transportation systems. The bill would
delete existing law’s prohibition on including an estimate of the
costs of mitigating the impacts of interregional travel and the
requirement that the program provide credit for local public and
private contributions to improvements to regional transportation
systems. The bill would also require, to the extent the program
identifies capacity enhancements, the evaluation of the potential
for capacity enhancement to induce additional travel.
CSAC is still reviewing the amendments to the bill, which has
been referred to the Committee on Rules, but is likely to be
heard in the Senate Transportation and Housing Committee in the
near future. We encourage counties to review the revised bill and
provide feedback as soon as possible.
AB 1236 (Chiu) – Oppose
As amended on April 20, 2015
AB 1236, by Assembly Member David Chiu, would mandate all 58
counties and 482 cities adopt an ordinance to create a new
expedited permitting and inspection process for electric vehicle
(EV) charging stations. Specifically, this bill would require
cities and counties with over 200,000 residents to adopt an
ordinance by September 30, 2016 that creates an expedited and
streamlined permitting process for EV charging stations that also
includes a checklist of all requirements with which EV charging
stations shall comply to be eligible for expedited review.
Smaller jurisdictions would have an additional year to complete
the ordinance. Further, AB 1236 would require every city and
county to approve the installation of EV charging stations unless
the city or county makes written findings, based on substantial
evidence in the record, that the proposed installation would have
an adverse impact upon the public health or safety and that those
impacts cannot be mitigated.
CSAC opposes this overly-broad and prescriptive measure, which
would require the costly and time-consuming adoption of a local
ordinance. We are concerned that the approach will not allow for
consideration of unique local circumstances, nor applications
that may be more complicated than the installation of a single
charging station. For instance, a station with multiple charging
outlets that qualifies as a public accommodation may have
accessibility issues and implications related to parking
standards or other local ordinances.
AB 1236 is on the Third Reading File on the Senate floor.