LAFCO Today > Rexroad.com

Today was my first LAFCO meeting.

Nothing really exciting was on the agenda.

One item that I voted against was a recommended position of support on SB 162. This is a bill that requires LAFCOs to consider "Environmental Justice" in their decisions. Hard to argue with not including any kind of "justice" in a decision. However, in my opinion this is the kind of thing you have elected officials to deal with.

In every decision you weigh the pros and cons.

I agreed with everything Commissioners Stephen Souza and Helen Thomson said in support of this measure. I just don't think we need another local government mandate to deal wtih the issue.

I have posted the text of the bill below.
SENATE BILL No. 162
Introduced by Senator Negrete McLeod
January30, 2007
An act to amend Section 56668 of the Government Code, relating to
local government.

Legislative Counsel ’s Digest
SB162, as introduced, Negrete McLeod. Local government:
organization.
Existing law, the Cortese-Knox-Hertzberg Act, specifies the factors
that a local agency formation commission is required to consider in the
review of a proposal for a change of organization or reorganization
including the comments of any affected local agency and information
or comments from the landowner or owners, as specified.
This bill would also require a local agency formation commission to
consider information or comments from voters or residents of the
affected territory and the extent that the proposal will promote
environmental justice, as defined, thus creating a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1. Section 56668 of the Government Code is
amended to read:
56668. 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; the likelihood
of significant growth in the area, and in adjacent incorporated and
unincorporated areas, during the next 10 years.
(b) 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; 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.
“Services,” as used in this subdivision, refers to governmental
services whether or not the services are services 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 set forth 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) Consistency with city or county general and specific plans.
(h) The sphere of influence of any local agency which may be
applicable to the proposal being reviewed.
(i) The comments of any affected local agency or other public
agency.
(j) The ability of the newly formed or receiving entity to provide
the services which are the subject of the application to the area,
including the sufficiency of revenues for those services following
the proposed boundary change.
(k) Timely availability of water supplies adequate for projected
needs as specified in Section 65352.5.
(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.
(m) Any information or comments from the landowner or
owners, voters, or residents of the affected territory.
(n) Any information relating to existing land use designations.
(o) The extent to which the proposal will promote environmental
justice. As used in this subdivision, “environmental justice” means
the fair treatment of people of all races, cultures, and incomes
with respect to the location of public facilities and the provision
of public services.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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.

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