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Senator Geller moved the following amendment to amendment

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(842906):

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     Senate Amendment (with title amendment)

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     Delete line(s) 1244 through 1267

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and insert:

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     (11) LIMITATION OF LIABILITY.--In order to limit the

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liability of local governments, A county having a population

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greater than 850,000, and all municipalities within such county,

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shall local government may allow a landowner to proceed with

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development of a specific parcel of land notwithstanding a

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failure of the development to satisfy transportation concurrency,

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if when all the following factors are shown to exist:

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     (a) The local government that has with jurisdiction over

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the property has adopted a local comprehensive plan that is in

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compliance.

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     (b) The proposed development is would be consistent with

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the future land use designation for the specific property and

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with pertinent portions of the adopted local plan, as determined

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by the local government.

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     (c) The local plan includes a financially feasible capital

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improvements element that provides for transportation facilities

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adequate to serve the proposed development, and the local

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government has not implemented that element.

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     (c)(d) The local government has provided a means by which

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the landowner will be assessed a fair share of the cost of

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providing the transportation facilities necessary to serve the

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proposed development.

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     (d)(e) The landowner has made a binding commitment to the

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local government to pay the fair share of the cost of providing

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the transportation facilities to serve the proposed development.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 2042, after the semicolon

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insert:

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requiring certain local governments to allow a landowner

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to proceed with development that does not satisfy

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transportation concurrency if certain factors exist;

4/30/2008  7:49:00 PM     CA.31.09317