BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1235|
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THIRD READING
Bill No: AB 1235
Author: Roger Hernández (D)
Amended: 9/2/11 in Senate
Vote: 27 - Urgency
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 07/06/11
AYES: Simitian, Strickland, Blakeslee, Hancock, Kehoe,
Lowenthal, Pavley
ASSEMBLY FLOOR : 77-0, 05/19/11 - See last page for vote
SUBJECT : Polanco Redevelopment Act: revision
SOURCE : Center for Creative Land Recycling
DIGEST : This bill applies all authority, rights, powers,
duties, and obligations, afforded to a redevelopment agency
under the Polanco Redevelopment Act (Polanco Act), to a
successor agency, as defined, for any property that was
within a redevelopment project of a redevelopment agency
(RDA) that has been dissolved by an act of the Legislature.
Senate Floor Amendments of 9/2/11 clarify that the
successor agency of an RDA maintains the authority, rights,
powers, duties, obligations and protections that previously
applied to the RDA under the Polanco Act.
ANALYSIS : Existing law, under the Polanco Redevelopment
Act:
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1.Prescribes processes for redevelopment agencies to follow
when cleaning up a hazardous substance release in a
redevelopment project area.
2.Provides immunity from liability for redevelopment
agencies and subsequent property purchasers for sites
cleaned up under a cleanup plan approved by the
Department of Toxic Substances Control or a Regional
Water Quality Control Board.
This bill:
1.Provides that if an RDA has been dissolved by an act of
the Legislature and its successor agency, as defined,
maintains all the authority, rights, powers, duties, and
obligations that were vested in the redevelopment agency
prior to its dissolution, all rights, powers, duties,
obligations, and protections that previously applied to
the RDA shall apply to the successor agency, pursuant to
the Polanco Act, for the removal of hazardous substance
releases, as specified, from property that was within a
redevelopment project of the RDA prior to its
dissolution.
2.Defines "successor agency" as the county, city, or city
and county that authorized the creation of the RDA.
Comments
According to the author's office, this bill is needed at
this time in order to preserve existing legal protections
to entities wishing to redevelop brownfield properties
without interruption in case RDAs are dissolved. The
author states: "The governor and Democratic Leaders have
indicated that as part of closing the 2011-12 State Budget
they intend to eliminate Redevelopment Areas in order to
achieve a $1.7 billion in savings. The purpose of the
governor's proposal is to gain revenue for the State. It
is not to eliminate the other benefits associated with
Redevelopment Areas. AB 1235 preserves one of those other
benefits. Without this bill, development will be further
hindered in what was once California Redevelopment Areas."
Amendments were taken to clarify the entirety of the
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Polanco Act and all of the rights, responsibilities and
protections of the act are deemed to apply to the
"successor agency" as defined.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 9/2/11)
Center for Creative Land Recycling (source)
California Association of Realtors
County of San Diego
ARGUMENTS IN SUPPORT : The Center for Creative Land
Recycling writes in support, "As the governor and
Legislature debate the 2011-12 State Budget and the future
of Redevelopment Areas, it is prudent and timely for the
Legislature to concurrently develop policy to preserve
those benefits of Redevelopment Areas that have proved
successful and that do not have a state budget consequence.
Without this bill, development may be further hindered if
Redevelopment Areas are eliminated."
The California Association of Realtors also supports the
bill, asserting that the immunities afforded to RDAs by the
Polanco Act deserve to be extended to successor interests
because they have successfully "served to promote the
remediation of urban brownfields and have allowed
communities throughout the state to recapture and
rehabilitate blighted properties." The Realtors further
contend that this bill "will help to ensure continued
investment in the remediation and redevelopment of these
vital urban parcels."
ASSEMBLY FLOOR : 77-0, 05/19/11
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
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Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, John A.
Pérez
NO VOTE RECORDED: Alejo, Gorell, Yamada
DLW:nl 9/6/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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