Bill Text: CA SB194 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Community Equity Investment Act of 2010.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-09-27 - In Senate. To unfinished business. (Veto) [SB194 Detail]

Download: California-2009-SB194-Amended.html

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BILL NUMBER: SB 194	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 7, 2010
	AMENDED IN SENATE  MAY 18, 2009
	AMENDED IN SENATE  MAY 5, 2009
	AMENDED IN SENATE  APRIL 22, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Florez

                        FEBRUARY 23, 2009

    An act to amend Section 50829 of, and to add Section
50834.5 to, the Health and Safety Code, to add Sections 75067 and
75130 to the Public Resources Code, to amend Section 2333.5 of the
Streets and Highways Code, and to amend Section 13477.6 of the Water
Code, relating to community development.   An act to add
Section 50834.5 to the Health and Safety Code, relating to community
development. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 194, as amended, Florez. Community Equity Investment Act of
 2009.   2010.  
   Under the federal State Community Development Block Grant Program,
funds are allocated to the state and administered by the Department
of Housing and Community Development for projects and programs that
meet the housing and economic development needs of persons and
families of low or moderate income.  
   This bill would enact the Community Equity Investment Act of 2010.
The bill would make legislative findings and declarations relating
to disadvantaged, unincorporated communities. The bill would specify
how funds received pursuant to the federal State Community
Development Block Grant Program are expended at the local government
level.  
   (1) Existing law requires the legislative body of each county and
city to adopt a comprehensive, long-term general plan for the
physical development of the county or city, and of specified land
outside its boundaries.  
   This bill would enact the Community Equity Investment Act of 2009
and declare the intent of the Legislature to create incentives for
communities to engage in sustainable community planning that
incorporates into each element of its general plan data and analysis,
goals, policies and objectives, and feasible implementation measures
addressing the presence of disadvantaged unincorporated communities
in or near their boundaries, as specified.  
   (2) Existing law requires each city or county that requests
funding pursuant to the federal State Community Development Block
Grant Program to submit a housing element to the Department of
Housing and Community Development, as specified.  
   This bill would also require each city or county, for applications
submitted on or after January 1, 2013, to certify that it has
amended its general plan in accordance with specified law. The bill
would also specify how funds received pursuant to a federal
entitlement are expended at the local government level. 

   (3) Existing law requires the Strategic Growth Council to manage
and award financial assistance to specified entities for planning
activities to achieve various environmental purposes. 

   This bill would require the council, in awarding the financial
assistance, to give funding priority to any regional plan or other
planning instrument that proposes to include an assessment and
analysis of island and fringe communities, as specified. 

   (4) The Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Bond Act of 2006 (Proposition
84), an initiative bond measure, makes available $90,000,000 for
urban greening projects and $90,000,000 for planning grants and
planning incentives to encourage the development of regional and
local land use plans that are designed for various purposes.
Proposition 84 specifies that appropriation of those funds may be
made only upon enactment of implementation legislation. 

   This bill would require the council, in awarding the above funds,
to give priority to, and as appropriate, provide additional funding
for, applicants that propose to incorporate the amendments to a
general plan that are specified in this bill into the planning
activities receiving funding.  
   (5) Existing law requires the Department of Transportation, in
consultation with the Department of the California Highway Patrol, to
establish and administer a "Safe Routes to School" construction
program pursuant to authority granted under specified federal law and
to use federal transportation funds for construction of bicycle and
pedestrian safety and traffic calming projects. Existing law requires
the department to make grants available to local agencies under the
program through a competitive grant process that considers various
factors in rating the proposals.  
   This bill would additionally require, in rating a proposal, the
consideration of the proposal's benefit to a disadvantaged community.
 
   (6) Existing law authorizes the State Water Resources Control
Board to assess a specified annual charge in connection with any
financial assistance made pursuant to the revolving State Water
Pollution Control Revolving Fund program in lieu of interest that
otherwise would be charged. Existing law requires the proceeds
generated from the imposition of the annual charge, along with other
moneys, to be deposited in the State Water Pollution Control
Revolving Fund Small Community Grant Fund. Existing law authorizes
the board to expend the money in the fund, upon appropriation by the
Legislature to the board, for grants for eligible projects under the
revolving fund program that serves small communities. For the purpose
of expending these funds, the board is required to give priority to
projects that serve severely disadvantaged communities. 

   This bill would make a technical nonsubstantive change to that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


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

  SECTION 1.  (a) This act shall be known and may be cited as the
Community Equity Investment Act of  2009   2010
 .
   (b) The Legislature finds and declares both of the following:
   (1) There exists in California hundreds of disadvantaged
unincorporated communities, commonly referred to as "colonias." There
are more than 200 of these communities in the San Joaquin Valley
alone. Many of these communities are geographically isolated islands,
surrounded by the city limits of large and medium-sized cities.
   (2) The conditions within these disadvantaged unincorporated
communities evidence a distinct lack of public and private investment
that presents a threat to the health and safety of the residents and
fosters economic, social, and educational inequality. Many of these
communities lack basic infrastructure, including, but not limited to,
streets, sidewalks, storm drainage, clean drinking water, and
adequate sewer service. 
   (c) The Legislature further finds and declares that sustainable
community planning that addresses the infrastructure and
transportation inequities that exist within a locality's boundaries
is an important planning goal for each city and county. In order to
address these inequities, it is the intent of the Legislature,
through this act, to create incentives for communities to engage in
sustainable community planning that incorporates into each element of
its general plan, where appropriate, data and analysis, goals,
policies and objectives, and feasible implementation measures
addressing the presence of disadvantaged unincorporated communities
in or near their boundaries.  
  SEC. 2.    Section 50829 of the Health and Safety
Code is amended to read:
   50829.  As a condition of receiving funds pursuant to this
chapter, an eligible city or county shall submit a housing element to
the department in accordance with the requirements of Article 10.6
(commencing with Section 65580) of Chapter 3 of Division 1 of Title 7
of the Government Code and for applications submitted on or after
January 1, 2013, certify that the city or county has amended its
general plan in accordance with the requirements of Section 75067 of
the Public Resources Code. However, except as otherwise provided in
Section 50830, no application for funds shall be denied because of
the content of the housing element or because of the findings made by
the department pursuant to Section 65585 of the Government Code.

   SEC. 3.   SEC. 2.   Section 50834.5 is
added to the Health and Safety Code, to read:
   50834.5.  (a) Unless prohibited by federal law, where a federal
entitlement exists under the Community Development Block Grant
Program (24 C.F.R. Part 570), a city or county shall comply with the
following requirements  with  the funds made available
pursuant to this chapter:
   (1) The funds shall be expended within each supervisorial or city
council district, to the extent those districts exist, based on the
percentage of low- and moderate-income persons within each district.
   (2) No less than 75 percent of all funds shall benefit targeted
income groups.
   (b) For the purposes of this section, "targeted income group"
means families, households, and individuals whose income does not
exceed 80 percent of the county median income, with adjustments for
family and household size. All matter omitted in this version of the
bill appears in the bill as amended in the Senate, May 18, 2009.
(JR11)