BILL NUMBER: SB 526	CHAPTERED  07/16/04

	CHAPTER  149
	FILED WITH SECRETARY OF STATE  JULY 16, 2004
	APPROVED BY GOVERNOR  JULY 15, 2004
	PASSED THE ASSEMBLY  JULY 1, 2004
	PASSED THE SENATE  JANUARY 28, 2004
	AMENDED IN SENATE  JANUARY 5, 2004

INTRODUCED BY   Senators Torlakson and Dunn

                        FEBRUARY 20, 2003

   An act to amend Section 33378 of the Health and Safety Code,
relating to redevelopment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 526, Torlakson.   Redevelopment:  referendum.
   (1) The Community Redevelopment Law requires redevelopment plans
to include a time limit, not to exceed 12 years, for the commencement
of eminent domain proceedings to acquire property within the project
area and authorizes an extension of this time limit only pursuant to
an amendment of the plan by ordinance.  The ordinance is subject to
referendum as prescribed by the law for ordinances of the legislative
body, except that ordinances that provide for tax-increment
financing or expand a project area subject to tax-increment financing
are subject to prescribed requirements within the Community
Redevelopment Law including a requirement that the county clerk
approve the ballot measure language.
   This bill would delete the requirement that the county clerk
approve the ballot measure language, but would provide that any
ordinance that is subject to referendum would also be subject to some
of the above-described referendum requirements within the Community
Redevelopment Law.  By increasing the duties of local officials, this
bill would impose a state-mandated local program.
  (2) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


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


  SECTION 1.  Section 33378 of the Health and Safety Code is amended
to read:
   33378.  (a) With respect to any ordinance that is subject to
referendum pursuant to Sections 33365 and 33450, the language of the
statement of the ballot measure shall set forth with clarity and in
language understandable to the average person that a "Yes" vote is a
vote in favor of adoption or amendment of the redevelopment plan and
a "No" vote is a vote against the adoption or amendment of the
redevelopment plan.
   (b) Notwithstanding any other provision of law, including the
charter of any city or city and county, referendum petitions
circulated in cities or counties over 500,000 population shall bear
valid signatures numbering not less than 10 percent of the total
votes cast within the city or county for Governor at the last
gubernatorial election and shall be submitted to the clerk of the
legislative body within 90 days of the adoption of an ordinance
subject to referendum under this article.
   (c) With respect to any ordinance that is subject to referendum
pursuant to Sections 33365 and 33450 and either provides for
tax-increment financing pursuant to Section 33670 or expands a
project area that is subject to tax-increment financing, the
referendum measure shall include, in the ballot pamphlet, an analysis
by the county auditor-controller and, at the option of the
legislative body, a separate analysis by the agency, of the
redevelopment plan or amendment that will include both of the
following:
   (1) An estimate of the potential impact on property taxes per each
ten thousand dollars ($10,000) of assessed valuation for taxpayers
located in the city or county, as the case may be, outside the
redevelopment project area during the life of the redevelopment
project.
   (2) An estimate of what would happen to the project area in the
absence of the redevelopment project or in the absence of the
proposed amendment to the plan.
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.