BILL NUMBER: SB 1374	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Kehoe

                        FEBRUARY 19, 2010

   An act to amend Section 33333.11 of the Health and Safety Code,
relating to redevelopment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1374, as introduced, Kehoe. Redevelopment: plan amendment
procedures.
   Existing law authorizes a redevelopment agency to amend a
redevelopment plan to extend the time limit on the effectiveness of
the plan for up to 10 additional years beyond a specified limit.
Existing law requires that in order to adopt this amendment, the
agency, among other things, adopt a report containing specified
information to the legislative body no later than 45 days prior to
the public hearing on the proposed amendment. Existing law also
requires that after receiving the agency's recommendation on the
proposed amendment, the legislative body, or alternatively, the
agency and the legislative body, hold a public hearing on the
proposed amendment.
   This bill would modify the information required to be included in
the agency's report to the legislative body. The bill would also
require the legislative body, or alternatively, the agency and the
legislative body, to consider any objections with the proposed
amendment expressed by the affected taxing entities, a project area
committee, if any, residents, and community organizations at the
public hearing.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 33333.11 of the Health and Safety Code is
amended to read:
   33333.11.  (a) In order to adopt an amendment pursuant to Section
33333.10, the redevelopment agency shall also comply with the
procedures in this section.
   (b) Before adopting an amendment of the plan, the agency shall
hold a public hearing on the proposed amendment. The notice of the
public hearing shall comply with Section 33452.
   (c) Prior to the publication of the notice of the public hearing
on the proposed amendment, the agency shall consult with each
affected taxing agency with respect to the proposed amendment. At a
minimum, the agency shall give each affected taxing agency the
opportunity to meet with representatives of the agency for the
purpose of discussing the effect of the proposed amendment upon the
affected taxing agency and shall notify each affected taxing agency
that any written comments from the affected taxing agency will be
included in the report to the legislative body.
   (d) Prior to the publication of the notice of the public hearing
on the proposed amendment, the agency shall consult with and obtain
the advice of members of a project area committee, if a project area
committee exists, and residents and community organizations and
provide to those persons and organizations, including the project
area committee, if any, the amendment prior to the agency's
submitting the amendment to the legislative body. In addition, the
preliminary report prepared pursuant to subdivision (e) shall be made
available at no cost to the project area committee, if one exists,
and residents and community organizations not later than 120 days
prior to holding a public hearing on the proposed amendment.
   (e) No later than 120 days prior to holding a public hearing on
the proposed amendment, the agency shall send to each affected taxing
entity, as defined in Section 33353.2, the Department of Finance,
and the Department of Housing and Community Development, a
preliminary report that contains all of the following:
   (1) A map of the project area that identifies the portion, if any,
of the project area that is no longer blighted and the portion of
the project area that is blighted and the portion of the project area
that contains necessary and essential parcels for the elimination of
the remaining blight.
   (2) A description of the remaining blight.
   (3) A description of the projects or programs proposed to
eliminate the remaining blight.
   (4) A description of how the project or programs will improve the
conditions of blight.
   (5) The reasons why the projects or programs cannot be completed
without extending the time limits on the effectiveness of the plan
and receipt of tax increment revenues.
   (6) The proposed method of financing these programs or projects.
This description shall include the amount of tax increment revenues
that is projected to be generated during the period of the extension,
including amounts projected to be deposited into the Low and
Moderate Income Housing Fund and amounts to be paid to affected
taxing entities. This description shall also include sources and
amounts of moneys other than tax increment revenues that are
available to finance these projects or programs. This description
shall also include the reasons that the remaining blight cannot
reasonably be expected to be reversed or alleviated by private
enterprise or governmental action, or both, without the use of the
tax increment revenues available to the agency because of the
proposed amendment.
   (7) An amendment to the agency's implementation plan that
includes, but is not limited to, the agency's housing
responsibilities pursuant to Section 33490. However, the agency shall
not be required to hold a separate public hearing on the
implementation plan pursuant to subdivision (d) of Section 33490 in
addition to the public hearing on the amendment to the redevelopment
plan.
   (8) A new neighborhood impact report if required by subdivision
(m) of Section 33352.
   (9) A description of each bond sold by the agency to finance or
refinance the redevelopment project prior to six months before the
date of adoption of the proposed amendment, and listing for each bond
the amount of remaining principal, the annual payments, and the date
that the bond will be paid in full.
   (f) No later than 120 days prior to holding a public hearing on
the proposed amendment, the agency shall send the proposed amendment
to the planning commission. If the planning commission does not
report upon the amendment within 30 days after its submission by the
agency, the planning commission shall be deemed to have waived its
report and recommendations concerning the amendment.
   (g) No later than 45 days prior to the public hearing on the
proposed amendment by the agency or the joint public hearing of the
agency and the legislative body, the agency shall notify each
affected taxing entity, the Department of Finance, the Department of
Housing and Community Development, and each individual and
organization that submitted comments on the preliminary report by
certified mail of the public hearing, the date of the public hearing,
and the proposed amendment. This notice shall be accompanied by the
report required to be prepared pursuant to subdivision (h).
   (h) No later than 45 days prior to the public hearing on the
proposed amendment by the agency or the joint public hearing by the
agency and the legislative body, the agency shall adopt a report to
the legislative body containing all of the following:
   (1) All of the information required to be contained in the
preliminary report prepared pursuant to subdivision (e).
   (2) The report and recommendation of the planning commission.
   (3) A negative declaration, environmental impact report, or other
document that is required in order to comply with the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code.
   (4) A summary of the consultations with the affected taxing
entities. If any of the affected taxing entities  , a project
area committee, if any, residents, or community organizations have
  has  expressed written objections or concerns
with the proposed amendment as part of these consultations, the
agency shall include a  detailed  response to  each of
 these concerns.
   (5) A summary of the consultation with residents and community
organizations, including the project area committee, if any.  If
any resident or community organization, including the project area
committee, if any, has expressed written objections or concerns with
the proposed amendment as part of these consultations, the agency
shall include a detailed response to each of these concerns. 
   (i) After receiving the recommendation of the agency on the
proposed amendment, and not sooner than 30 days after the submission
of changes to the planning commission, the legislative body shall
hold a public hearing on the proposed amendment.  At the public
hearing, the legislative body shall consider any objections or
concerns with the proposed amendment expressed by the affected taxing
entities, a project area committee, if any, residents, and community
organizations.  The notice of the public hearing shall comply
with Section 33452.
   (j) As an alternative to the separate public hearing required by
subdivision (i), the agency and the legislative body, with the
consent of both, may hold a joint public hearing on the proposed
amendment.  At the public hearing, the agency and legislative
body shall consider any objections or concerns with the proposed
amendment expressed by the affected taxing entities, a project area
committee, if any, residents, and community organizations. 
Notice of this public hearing shall comply with Section 33452. When a
joint public hearing is held and the legislative body is also the
agency, the legislative body may adopt the amended plan with no
actions required of the agency. If, after the public hearing, the
legislative body determines that the amendment to the plan is
necessary or desirable, the legislative body shall adopt an ordinance
amending the ordinance adopting the plan thus amended. The ordinance
adopting the amendment shall contain findings that both (1)
significant blight remains within the project area, and (2) the
blight cannot be eliminated without the extension of the
effectiveness of the plan and receipt of tax increment revenues.
   (k) If an affected taxing entity, the Department of Finance, or
the Department of Housing and Community Development believes that
significant remaining blight does not exist within the portion of the
project area designated as blighted in the report to the legislative
body regarding a proposed amendment to be adopted pursuant to
Section 33333.10, the affected taxing entity, the Department of
Finance, or the Department of Housing and Community Development may
request the Attorney General to participate in the amendment process.
The affected taxing entity, the Department of Finance, or the
Department of Housing and Community Development shall request this
participation within 21 days after receipt of the notice of the
public hearing sent pursuant to subdivision (g). The Attorney General
shall determine whether or not to participate in the amendment
process. The Attorney General may consult with and request the
assistance of departments of the state and any other persons or
groups that are interested or that have expertise in redevelopment.
The Attorney General may participate in the amendment process by
requesting additional information from the agency, conducting his or
her own review of the project area, meeting with the agency and any
affected taxing entity, submitting evidence for consideration at the
public hearing, or presenting oral evidence at the public hearing. No
later than five days prior to the public hearing on the proposed
amendment, the Attorney General shall notify each affected taxing
agency, each department that has requested the Attorney General to
review the proposed amendment, and the redevelopment agency with
regard to whether the Attorney General will participate in the
amendment process and, if so, how he or she will participate, on
their behalf.
   (l) The Attorney General may bring a civil action pursuant to
Section 33501 to determine the validity of an amendment adopted
pursuant to Section 33333.10. The Department of Finance and the
Department of Housing and Community Development shall be considered
interested persons for the purposes of protecting the interests of
the state pursuant to Section 863 of the Code of Civil Procedure in
any action brought with regard to the validity of an ordinance
adopting a proposed amendment pursuant to Section 33333.10. Either
department may request the Attorney General to bring an action
pursuant to Section 33501 to determine the validity of an amendment
adopted pursuant to Section 33333.10. Actions brought pursuant to
this subdivision are in addition to any other actions that may be
brought by the Attorney General or other persons.