Bill Text: CA AB596 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Community planning grants.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB596 Detail]

Download: California-2009-AB596-Amended.html

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BILL NUMBER: AB 596	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2009

INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 25, 2009

    An act to add Section 65040.13 to the Government Code,
relating to land use.   An act to amend Section 75125
of, and to add Section 75131 to, the Public Resources Code, relating
to community planning. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 596, as amended, Evans.  Land use: model-home,
form-based ordinances.   Community planning grants.
 
   Existing law establishes the Strategic Growth Council that is
required to take actions with regard to coordinating programs of
member state agencies to improve air and water quality, improve
natural resource protection, increase the availability of affordable
housing, improve transportation, meet the goals of the California
Global Warming Solutions Act of 2006, encourage sustainable land use
planning, and revitalize urban and community centers in a sustainable
manner.  
    This bill would establish the Community Planning Grant and Loan
Fund and would authorize the council to expend the revenues in the
fund, upon appropriation by the Legislature, to carry out the
Community Planning Grant and Loan Program which this bill would
establish. The bill would require the council to expend these funds
to provide competitive grants and loans to support community planning
by providing grants and loans for projects to improve sustainability
and livability of California's communities by reducing communities'
contributions to global warming.  
   The bill would specify procedures for the council to follow in
managing and awarding these grants. The bill would create a local
advisory committee to make recommendations to the council regarding
the program and would require the council to develop guidelines for
awarding financial assistance. The bill would require the council to
provide an annual report to the Legislature regarding the grant and
loan program.  
   Existing law provides that the Office of Planning and Research
within the Governor's office serves as the state's comprehensive
planning agency in the formulation, evaluation, and updating of,
among other things, long-range goals and policies for land use,
population growth and distribution, urban expansion, development,
open space, resource preservation and utilization, air and water
quality, and other factors that shape statewide development patterns
and significantly influence the quality of the state's environment.
 
   This bill would require the Office of Planning and Research to
develop an urban model-home, form-based ordinance and a rural
model-home, form-based ordinance that a local agency can use as a
planning tool to revitalize and preserve communities in compliance
with smart-growth principles. The ordinances would be required to
include minimum requirements or parameters that are clear and
easy-to-follow. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares all
the following:  
   (a) In 2002, the Legislature enacted Assembly Bill 857 (Chapter
1016 of the Statues of 2001), which provided the following three
state planning priorities that are intended to promote equity,
strengthen the economy, protect the environment, and promote public
health and safety in the state:  
   (1) To improve infill development and equity by rehabilitating,
maintaining, and improving existing infrastructure that supports
infill development and appropriate reuse and redevelopment
particularly in underserved areas.  
   (2) To protect environmental and agricultural resources by
protecting, preserving, and enhancing the state's most valuable
natural resources.  
   (3) To encourage efficient development patterns by ensuring that
any infrastructure associated with development, other than infill
development, is located in an area appropriately planned for growth
that is served by adequate transportation and that uses land
efficiently.  
   (b) In 2008, the Legislature passed and the Governor signed Senate
Bill 375 (Chapter 728 of the Statutes of 2008), which sought to
achieve reduction of greenhouse gas emissions from cars and light
trucks through the adoption of sustainable communities strategies by
metropolitan planning organizations. 
   (c) The Legislature finds and declares that California local
governments need a sustainable source of funding to be able to
accommodate patterns of growth consistent with the state's climate,
air quality, and energy conservation goals.  
   (d) In 2008, the Legislature passed and the Governor signed Senate
Bill 732 (Chapter 729 of the Statutes of 2008), which added Chapter
13 (commencing with Section 75120) to Division 43 of the Public
Resources Code to establish the Strategic Growth Council.  
   (e) Among other things, the Strategic Growth Council is required
to encourage sustainable land use planning, and to take steps to
revitalize urban and community centers in a sustainable manner. 

   (f) Local planning decisions play a critical role not only in
implementing the state's climate goals, but also goals related to
infrastructure development, open space and farmland protection,
affordable housing, ground and surface water quality, and coastal
protection. Thus, the state has an interest in ensuring that local
planning processes are well funded and have the opportunity to
address new state goals.  
   (g) Cities and counties have the opportunity to help achieve the
state's planning objectives and infrastructure goals by using new
planning methodologies, such as improved geographic information
system (GIS) technology or form-based codes, to appropriately balance
the new growth with a variety of existing challenges, including
deterioration of historic neighborhoods, protection of farmland and
important natural areas, and improved pedestrian safety.  
   (h) In creating a competitive grant fund that is replenished
annually for local planning agencies, the state can leverage its
resources to encourage local governments to develop and adopt
policies that are consistent with the state's infrastructure,
climate, affordable housing, and open-space goals without creating a
new mandate.  
   (i) The Legislature supports innovative local planning efforts by
establishing the Community Planning Grant Program pursuant to this
act. 
   SEC. 2.    Section 75125 of the   Public
Resources Code   is amended to read: 
   75125.  The council shall do all of the following:
   (a) Identify and review activities and funding programs of member
state agencies that may be coordinated to improve air and water
quality, improve natural resource protection, increase the
availability of affordable housing, improve transportation, meet the
goals of the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code), encourage sustainable land use planning, and revitalize
urban and community centers in a sustainable manner. At a minimum,
the council shall review and comment on the five-year infrastructure
plan developed pursuant to Article 2 (commencing with Section 13100)
of Chapter 2 of Part 3 of Division 3 of the Government Code and the
State Environmental Goals and Policy Report developed pursuant to
Section 65041 of the Government Code.
   (b) Recommend policies and investment strategies and priorities to
the Governor, the Legislature, and to appropriate state agencies to
encourage the development of sustainable communities, such as those
communities that promote equity, strengthen the economy, protect the
environment, and promote public health and safety, and is consistent
with subdivisions (a) and (c) of Section 75065.
   (c) Provide, fund, and distribute data and information to local
governments and regional agencies that will assist in developing and
planning sustainable communities.
   (d) Manage and award grants and loans to support the planning and
development of sustainable communities, pursuant to Sections 75127,
75128, and 75129. To implement this subdivision, the council may do
all of the following:
   (1) Develop guidelines for awarding financial assistance,
including criteria for eligibility and additional consideration.
   (2) Develop criteria for determining the amount of financial
assistance to be awarded. The council shall award a revolving loan to
an applicant for a planning project, unless the council determines
that the applicant lacks the fiscal capacity to carry out the project
without a grant. The council may establish criteria that would allow
the applicant to illustrate an ongoing commitment of financial
resources to ensure the completion of the proposed plan or project.
   (3) Provide for payments of interest on loans made pursuant to
this article. The rate of interest shall not exceed the rate earned
by the Pooled Money Investment Board.
   (4) Provide for the time period for repaying a loan made pursuant
to this article.
   (5) Provide for the recovery of funds from an applicant that fails
to complete the project for which financial assistance was awarded.
The council shall direct the  State  Controller to
recover funds by any available means.
   (6) Provide technical assistance for application preparation.
   (7) Designate a state agency or department to administer technical
and financial assistance programs for the disbursing of grants and
loans to support the planning and development of sustainable
communities, pursuant to Sections 75127, 75128, and 75129.
   (e) No later than July 1, 2010, and every year thereafter, provide
a report to the Legislature that shall include, but is not limited
to, all of the following:
   (1) A list of applicants for financial assistance.
   (2) Identification of which applications were approved.
   (3) The amounts awarded for each approved application.
   (4) The remaining balance of available funds.
   (5) A report on the proposed or ongoing management of each funded
project.
   (6) Any additional minimum requirements and priorities for a
project or plan proposed in a grant or loan application developed and
adopted by the council pursuant to subdivision (c) of Section 75216.

   (f) Manage and award grants and loans from funds made available
from the Community Planning Grant and Loan Program established by
Section 75131.  
   (1) The Local Advisory Committee is hereby created, which shall be
comprised of two representatives recommended by the League of
California Cities, two representatives recommended by the County
Supervisors Association of California, and the director of the
Governor's Office of Planning and Research or designee thereof. 

   (2) To implement this subdivision, the council shall do all of the
following:  
   (A) Receive recommendations from the local advisory committee to
ensure that achieving the goals of the program is balanced with local
needs and autonomy.  
   (B) Develop guidelines for awarding financial assistance,
including criteria for eligibility and additional consideration.
 
   (C) Develop criteria for determining the amount of financial
assistance to be awarded. The council may establish criteria that
would allow the applicant to illustrate an ongoing commitment of
financial resources to ensure the completion of the proposed plan or
project.  
   (D) Provide for the recovery of funds from an applicant that fails
to complete the project for which financial assistance was awarded.
The council shall direct the Controller to recover funds by any
available means.  
   (E) Provide technical assistance for application preparation.
 
   (3) When funds are appropriated to the Community Planning Grant
Fund established pursuant to Section 75131, the council shall provide
an annual report to the Legislature that shall include all of the
following:  
   (A) A list of applicants for financial assistance. 
   (B) Identification of which applications were approved.  

   (C) The amounts awarded for each approved application.  
   (D) The remaining balance of available funds.  
   (E) A report on the proposed or ongoing management of each funded
project. 
   SEC. 3.    Section 75131 is added to the  
Public Resources Code   , to read:  
   75131.  (a) For purposes of this section, the following
definitions shall apply:
   (1) "Community planning" means the adoption or improved capacity
or public engagement related to a general plan, specific plan, zoning
ordinance, or an amendment to any of these documents by a city,
county, or city and county.
   (2) "Fund" means the Community Planning Grant and Loan Fund
established pursuant to this section.
   (3) "Program" means the Community Planning Grant and Loan Program
created pursuant to this section.
   (b) The Community Planning Grant and Loan Fund is hereby
established in the State Treasury and may be expended by the council,
upon appropriation by the Legislature, to carry out the Community
Planning Grant and Loan Program created pursuant to this section.
   (c) The council shall expend the money in the fund to provide
competitive grants and loans for community planning projects that
would improve the sustainability and livability of California's
communities by reducing communities' contribution to global warming,
including, but not limited to, projects for any of the following:
   (1) Adopting form-based codes.
   (2) Using technology to improve planning capacity.
   (3) Increasing the supply of affordable housing.
   (4) Planning for public transit improvements.
   (5) Revitalizing urban centers.
   (6) Establishing public engagement processes, including charettes,
environmental planning, and other planning processes.
   (d) The Governor's Office of Planning and Research may expend up
to 5 percent of any funds appropriated to the fund for costs in
administering the program.  
  SECTION 1.    Section 65040.13 is added to the
Government Code, to read:
   65040.13.  The office shall develop an urban model-home,
form-based ordinance and a rural model-home, form-based ordinance
that a local agency can use as a planning tool to revitalize and
preserve communities in compliance with smart-growth principles. The
ordinances shall include minimum requirements or parameters that are
clear and easy-to-follow.