Today's Law As Amended

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AB-453 Sustainable communities.(2013-2014)

As Amends the Law Today


 Section 56668 of the Government Code is amended to read:

 Factors to be considered in the review of a proposal shall include, but not be limited to, all of the following:
(a) Population and population density; land area and land use; per capita  assessed valuation; topography, natural boundaries, and drainage basins; proximity to other populated areas; and  the likelihood of significant growth in the area, and in adjacent incorporated and unincorporated areas, during the next 10 years.
(b) (1)  The need for organized community services; the present cost and adequacy of governmental services and controls in the area; probable future needs for those services and controls; and  probable effect of the proposed incorporation, formation, annexation, or exclusion and of alternative courses of action on the cost and adequacy of services and controls in the area and adjacent areas.
(2)  “Services,” as used in this subdivision, refers to governmental services whether or not the services are services that which  would be provided by local agencies subject to this division, and includes the public facilities necessary to provide those services.
(c) The effect of the proposed action and of alternative actions, on adjacent areas, on mutual social and economic interests, and on the local governmental structure of the county.
(d) The conformity of both the proposal and its anticipated effects with both the adopted commission policies on providing planned, orderly, efficient patterns of urban development, and the policies and priorities in Section 56377.
(e) The effect of the proposal on maintaining the physical and economic integrity of agricultural lands, as defined by Section 56016.
(f) The definiteness and certainty of the boundaries of the territory, the nonconformance of proposed boundaries with lines of assessment or ownership, the creation of islands or corridors of unincorporated territory, and other similar matters affecting the proposed boundaries.
(g) A regional transportation plan adopted pursuant to Section 65080. 65080, including the effect development in the area is likely to have on meeting the region’s greenhouse gas emissions reduction targets established by the State Air Resources Board in adopted and future plans, and its consistency with city or county general and specific plans. 
(h) The proposal’s consistency with city or county general and specific plans.
(i) (h)  The sphere of influence of any local agency that which  may be applicable to the proposal being reviewed.
(j) (i)  The comments of any affected local agency or other public agency.
(k) (j)  The ability of the newly formed or receiving entity to provide the services that which  are the subject of the application to the area, including the sufficiency of revenues for those services following the proposed boundary change.
(l) (k)  Timely availability of water supplies adequate for projected needs as specified in Section 65352.5.
(m) ( l)  The extent to which the proposal will affect a city or cities and the county in achieving their respective fair shares of the regional housing needs as determined by the appropriate council of governments consistent with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7.
(n) (m)  Any information or comments from the landowner or landowners, owners,  voters, or residents of the affected territory.
(o) (n)  Any information relating to existing land use designations.
(p) (o)  The extent to which the proposal will promote environmental justice. As used in this subdivision, “environmental justice” means the fair treatment and meaningful involvement  of people of all races, cultures, incomes,  and national origins,  incomes  with respect to the location of public facilities and the provision of public services, to ensure a healthy environment for all people such that the effects of pollution are not disproportionately borne by any particular populations or communities. services. 
(q) Information contained in a local hazard mitigation plan, information contained in a safety element of a general plan, and any maps that identify land as a very high fire hazard zone pursuant to Section 51178 or maps that identify land determined to be in a state responsibility area pursuant to Section 4102 of the Public Resources Code, if it is determined that such information is relevant to the area that is the subject of the proposal.


 Section 75128 of the Public Resources Code is amended to read:

 (a) To support the planning and development of sustainable communities, the council shall manage and award financial assistance to a council of governments, metropolitan planning organization, regional transportation planning agency, city, county, local agency formation commission,  or joint powers authority, to develop, adopt adopt,  or implement a regional plan or other planning instrument consistent with a regional plan that improves air and water quality, improves natural resource protection, increases the availability of affordable housing, improves transportation, meets the goals of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), and encourages sustainable land use. The financial assistance provided pursuant to this section shall be funded from moneys made available pursuant to subdivision (c) of Section 75065.
(b) In awarding financial assistance pursuant to this section, the council shall give first priority to an application seeking funding to add or enhance elements of a regional plan that are not funded with federal moneys.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.