California 2009-2010 Regular Session Status: Passed Senate

SB 1445 — Land use and planning: environmental quality.

Last action — From Assembly without further action.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) The Planning and Zoning Law establishes the Planning Advisory and Assistance Council in the Office of Planning and Research, and prescribes the membership and duties of the council. This bill would modify the membership of the council, establish new processes for selecting specified members of the council, and prescribe new duties of the council relating to the reduction of greenhouse gas emissions. (2) The Planning and Zoning Law also requires certain transportation planning activities by regional transportation planning agencies designated by the Director of Transportation, including the development of a regional transportation plan. That law requires the regional transportation plan to include, among other items, a sustainable communities strategy, to be prepared as specified. This bill would authorize a metropolitan planning organization, a council of governments, or a county transportation commission, and a subregional council of governments jointly preparing a subregional sustainable communities strategy, singularly titled an "authority" and collectively titled the "authorities," to levy a mitigation fee of up to $4 upon the registration or renewal of registration of any motor vehicle registered in a county or city and county within the jurisdiction of the authority, upon receiving voter approval to implement and impose the fee from a majority of the aggregate voters in all counties and cities and counties within the jurisdiction of the authority. Notwithstanding this authorization, the bill would prohibit a council of governments within the Association of Bay Area Governments that only represents a portion of the region from levying the fee. The bill would require an authority seeking to implement and impose the fee to adopt a measure containing specified findings of fact, and, upon the authority's adoption of the measure and its written request to the counties and cities and counties within its jurisdiction, the board of supervisors of each of those counties and cities and counties to submit to the voters, at a local election consolidated with a statewide primary or general election specified by the authority, the measure adopted by the authority. The bill would authorize the authority, upon the approval of the measure by an aggregate majority of the voters of all counties and cities and counties within its jurisdiction, to implement and impose the fee. The bill would also authorize the authority, if the measure is not approved, to reuse this procedure to seek voter approval of the fee. The bill would require the authority to reimburse each county and city and county within its jurisdiction for the cost of submitting the measure to the voters, from the fee revenues it receives if the measure is approved, and from funds available through the Mills-Alquist-Deddeh Act if the measure is not approved. The bill would require, if the authority's measure is adopted by a majority of the aggregate voters in all counties and cities and counties within the authority's jurisdiction, the Department of Motor Vehicles to collect and administer the fee, as specified, and the authority to deposit all fee revenues it receives from the department in the Regional Blueprint Plan Implementation Fund, to be created and administered by the authority. The bill would require the net revenues of the fee received by the authority to be used to identify land use strategies, reduce the use of motor vehicles within its jurisdiction, and to carry out specified transportation-related activities, for the purpose of achieving a specified greenhouse gas emission reduction target. The bill would require, if the fee exceeds $2, all revenue derived from the amount of the fee in excess of $2 to be made available by the authority in the form of grants to specified entities within its jurisdiction, as specified. The bill would require the grants to only be made after a finding by the authority that the funds will be used exclusively for planning and projects relating to the implementation of a sustainable communities strategy or a regional blueprint plan. The bill would authorize the authority to divide the fee revenues it receives with the local air quality management district that has responsibility over all or part of the same geographic area, pursuant to an agreement with that district, and would require the district to use all fee revenues it receives to assist local and regional governments in reducing greenhouse gas emissions. (3) Existing law requires the Department of Motor Vehicles, if requested by a county air pollution control district, air quality management district, or unified or regional air pollution control district, to collect specified fees upon the registration or renewal of registration of any motor vehicle in the district, except those vehicles which are expressly exempt from the payment of registration fees. Existing law requires the department, after deducting its costs, to distribute the revenues of the fees to the appropriate district. This bill would additionally require the department, if requested by an authority, to collect the authority's mitigation fee upon the registration or renewal of registration of any motor vehicle registered within the jurisdiction of the authority, and, after deducting its costs as specified, to distribute the revenues of the mitigation fee to the appropriate authority. Upon the adoption of the fee in counties of which the aggregate population constitutes at least 50% of the population of the state, the department would be required to deposit 1% of the net fee revenues into the Planning Advisory and Assistance Council Fund, which this bill would create within the State Treasury. After making that deposit, the bill would require the department to distribute the remaining fee revenue to the appropriate authority. The bill would require the Controller, upon appropriation by the Legislature, to make the moneys within the fund available to the Planning Advisory and Assistance Council for the performance of specified functions. (4) This bill would incorporate additional changes in Section 65040.6 of the Government Code made by AB 2754 that would become operative if both bills are enacted and this bill becomes enacted after AB 2754.

Bill Text

Action History

  1. From Assembly without further action.

  2. From committee without further action.

  3. Re-referred to Com. On APPR. pursuant to Assembly Rule 77.2.

  4. Assembly Rule 69(d) suspended. (Ayes 49. Noes 27. Page 6491.)

  5. Read third time. Amended. (Ayes 48. Noes 27. Page 6442.) To third reading.

  6. Read second time. To third reading.

  7. (Heard in committee August 12.)

  8. From committee: Do pass. (Ayes 12. Noes 5.)

  9. Set, first hearing. Referred to APPR. suspense file.

  10. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  11. (Heard in committee on July 1.)

  12. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 8. Noes 3.) Re-referred to Com. on APPR.

  13. Joint Rule 62(a) file notice suspended. (Ayes 48. Noes 28. Page 5910.)

  14. Set, first hearing. Failed passage in committee.

  15. (Heard in committee on June 28.)

  16. From committee: Do pass, but first be re-referred to Com. on TRANS. (Ayes 5. Noes 3.) Re-referred to Com. on TRANS.

  17. Assembly Rule 56 suspended. (Page 5695.)

  18. To Coms. on L. GOV. and TRANS.

  19. In Assembly. Read first time. Held at Desk.

  20. Read third time. Passed. (Ayes 21. Noes 16. Page 3791.) To Assembly.

  21. Read second time. Amended. To third reading.

  22. From committee: Do pass as amended. (Ayes 6. Noes 2. Page 3499.)

  23. Set for hearing May 10.

  24. Read second time. Amended. Re-referred to Com. on APPR.

  25. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 6. Noes 2. Page 3310.)

  26. Set for hearing April 20.

  27. Read second time. Amended. Re-referred to Com. on T. & H.

  28. From committee: Do pass as amended, but first amend, and re-refer to Com. on T. & H. (Ayes 3. Noes 2. Page 3103.)

  29. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on L. GOV.

  30. Set for hearing April 7.

  31. To Coms. on L. GOV. and T. & H.

  32. From print. May be acted upon on or after March 22.

  33. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • DeSaulnier · Primary
  • Ma · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 5 voted No

Sponsors (1)

  • DeSaulnier

Co-sponsors (1)

  • Ma

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 1445 DeSaulnier Senate Third Reading By MA Amend By MA Set #1

Passed 56 Yea · 29 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 532804
Democratic 2001
Republican 1101
Total 562906
% of votes cast 62%32%0%7%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Coto — Yea
Davis — Yea
Evans — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Beall — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Nay
Bill — Nay
Tom — Nay
Fuentes — Yea
Furutani — Yea
Galgiani — Not Voting
Fletcher — Nay
Charles — Not Voting
Audra — Not Voting
DeVore — Nay
Gilmore — Nay
Hagman — Nay
Hall — Yea
Harkey — Nay
Adams — Nay
Hayashi — Yea
Hill — Yea
Huber — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Mendoza — Yea
Miller — Nay
Nava — Yea
Nestande — Nay
Norby — Nay
Ruskin — Yea
Silva — Nay
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Nay
Ammiano — Yea
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nielsen — Nay
Smyth — Not Voting
Torlakson — Yea
Villines — Nay
Cook — Nay
Eng — Yea
Feuer — Yea
Fuller — Nay
Garrick — Nay
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Not Voting

Official roll call →

Do pass.

Passed 13 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13500
Total 13500
% of votes cast 72%28%0%0%
How each member voted (18)
Member Party Vote
Hall — Yea
Gatto — Yea
De — Yea
Leon — Yea
Conway — Nay
Coto — Yea
Harkey — Nay
Huffman — Yea
Nielsen — Nay
Norby — Nay
Skinner — Yea
Torlakson — Yea
Torrico — Yea
Bradford — Yea
Miller — Nay
Solorio — Yea
Davis — Yea
Fuentes — Yea

Official roll call →

Reconsideration granted.

Passed 9 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9402
Republican 0100
Total 9502
% of votes cast 56%31%0%13%
How each member voted (16)
Member Party Vote
Furutani — Yea
Hayashi — Yea
Jeffries — Nay
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Bill — Nay
Blumenfield — Yea
Miller — Nay
Solorio — Yea
Eng — Not Voting
Buchanan — Yea
Norby — Not Voting
Galgiani — Yea
Bill Berryhill — Nay
Niello, Roger W. Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 9 Yea · 4 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 9402
Republican 0001
Total 9403
% of votes cast 56%25%0%19%
How each member voted (16)
Member Party Vote
Furutani — Yea
Galgiani — Yea
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Bill — Nay
Hayashi — Yea
Norby — Not Voting
Blumenfield — Yea
Buchanan — Yea
Jeffries — Nay
Miller — Nay
Solorio — Yea
Eng — Not Voting
Bill Berryhill — Nay
Niello, Roger W. Republican Not Voting

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Failed 6 Yea · 6 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 6504
Republican 0100
Total 6604
% of votes cast 38%38%0%25%
How each member voted (16)
Member Party Vote
Galgiani — Not Voting
Bill — Nay
Bonnie — Not Voting
Lowenthal — Not Voting
Portantino — Not Voting
Hayashi — Yea
Miller — Nay
Norby — Nay
Blumenfield — Yea
Buchanan — Yea
Jeffries — Nay
Solorio — Yea
Eng — Yea
Furutani — Yea
Bill Berryhill — Nay
Niello, Roger W. Republican Nay

Official roll call →

Senate 3rd Reading SB1445 DeSaulnier

Passed 21 Yea · 17 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 201501
Democratic 1100
Republican 0100
Total 211701
% of votes cast 54%44%0%3%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Kehoe — Yea
Leno — Yea
Corbett — Yea
Liu — Yea
Lowenthal — Yea
Ducheny — Yea
Oropeza — Yea
Cogdill — Nay
Wyland — Nay
Negrete — Nay
Runner — Nay
Harman — Nay
Hollingsworth — Nay
McLeod — Nay
Ashburn — Nay
Correa — Nay
Dutton — Nay
Price — Yea
Romero — Nay
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Huff — Nay
Pavley — Yea
Wolk — Yea
Cox — Not Voting
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 6 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 6203
Total 6203
% of votes cast 55%18%0%27%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Nay
Leno — Yea
Walters — Not Voting
Wolk — Yea
Alquist — Yea
Kehoe — Yea
Price — Yea
Corbett — Not Voting
Cox — Nay
Denham — Not Voting

Official roll call →

Subjects

environment transportation
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Frequently asked questions

What does SB 1445 do?
(1) The Planning and Zoning Law establishes the Planning Advisory and Assistance Council in the Office of Planning and Research, and prescribes the membership and duties of the council. This bill would modify the membership of the council, establish new processes for selecting specified members of the council, and prescribe new duties of the council relating to the reduction of greenhouse gas emissions. (2) The Planning and Zoning Law also requires certain transportation planning activities by regional transportation planning agencies designated by the Director of Transportation, including the development of a regional transportation plan. That law requires the regional transportation plan to include, among other items, a sustainable communities strategy, to be prepared as specified. This bill would authorize a metropolitan planning organization, a council of governments, or a county transportation commission, and a subregional council of governments jointly preparing a subregional sustainable communities strategy, singularly titled an "authority" and collectively titled the "authorities," to levy a mitigation fee of up to $4 upon the registration or renewal of registration of any motor vehicle registered in a county or city and county within the jurisdiction of the authority, upon receiving voter approval to implement and impose the fee from a majority of the aggregate voters in all counties and cities and counties within the jurisdiction of the authority. Notwithstanding this authorization, the bill would prohibit a council of governments within the Association of Bay Area Governments that only represents a portion of the region from levying the fee. The bill would require an authority seeking to implement and impose the fee to adopt a measure containing specified findings of fact, and, upon the authority's adoption of the measure and its written request to the counties and cities and counties within its jurisdiction, the board of supervisors of each of those counties and cities and counties to submit to the voters, at a local election consolidated with a statewide primary or general election specified by the authority, the measure adopted by the authority. The bill would authorize the authority, upon the approval of the measure by an aggregate majority of the voters of all counties and cities and counties within its jurisdiction, to implement and impose the fee. The bill would also authorize the authority, if the measure is not approved, to reuse this procedure to seek voter approval of the fee. The bill would require the authority to reimburse each county and city and county within its jurisdiction for the cost of submitting the measure to the voters, from the fee revenues it receives if the measure is approved, and from funds available through the Mills-Alquist-Deddeh Act if the measure is not approved. The bill would require, if the authority's measure is adopted by a majority of the aggregate voters in all counties and cities and counties within the authority's jurisdiction, the Department of Motor Vehicles to collect and administer the fee, as specified, and the authority to deposit all fee revenues it receives from the department in the Regional Blueprint Plan Implementation Fund, to be created and administered by the authority. The bill would require the net revenues of the fee received by the authority to be used to identify land use strategies, reduce the use of motor vehicles within its jurisdiction, and to carry out specified transportation-related activities, for the purpose of achieving a specified greenhouse gas emission reduction target. The bill would require, if the fee exceeds $2, all revenue derived from the amount of the fee in excess of $2 to be made available by the authority in the form of grants to specified entities within its jurisdiction, as specified. The bill would require the grants to only be made after a finding by the authority that the funds will be used exclusively for planning and projects relating to the implementation of a sustainable communities strategy or a regional blueprint plan. The bill would authorize the authority to divide the fee revenues it receives with the local air quality management district that has responsibility over all or part of the same geographic area, pursuant to an agreement with that district, and would require the district to use all fee revenues it receives to assist local and regional governments in reducing greenhouse gas emissions. (3) Existing law requires the Department of Motor Vehicles, if requested by a county air pollution control district, air quality management district, or unified or regional air pollution control district, to collect specified fees upon the registration or renewal of registration of any motor vehicle in the district, except those vehicles which are expressly exempt from the payment of registration fees. Existing law requires the department, after deducting its costs, to distribute the revenues of the fees to the appropriate district. This bill would additionally require the department, if requested by an authority, to collect the authority's mitigation fee upon the registration or renewal of registration of any motor vehicle registered within the jurisdiction of the authority, and, after deducting its costs as specified, to distribute the revenues of the mitigation fee to the appropriate authority. Upon the adoption of the fee in counties of which the aggregate population constitutes at least 50% of the population of the state, the department would be required to deposit 1% of the net fee revenues into the Planning Advisory and Assistance Council Fund, which this bill would create within the State Treasury. After making that deposit, the bill would require the department to distribute the remaining fee revenue to the appropriate authority. The bill would require the Controller, upon appropriation by the Legislature, to make the moneys within the fund available to the Planning Advisory and Assistance Council for the performance of specified functions. (4) This bill would incorporate additional changes in Section 65040.6 of the Government Code made by AB 2754 that would become operative if both bills are enacted and this bill becomes enacted after AB 2754.
Who sponsors SB 1445?
SB 1445 is sponsored by DeSaulnier and Ma.
What is the current status of SB 1445?
This bill died with 2009-2010 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1445?
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