BILL NUMBER: SB 310 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 9, 2011
PASSED THE ASSEMBLY SEPTEMBER 8, 2011
AMENDED IN ASSEMBLY AUGUST 29, 2011
AMENDED IN ASSEMBLY JUNE 20, 2011
AMENDED IN SENATE APRIL 25, 2011
AMENDED IN SENATE MARCH 24, 2011
INTRODUCED BY Senator Hancock
FEBRUARY 14, 2011
An act to amend Section 53395.14 of, to add Section 53393.3.5 to,
and to add Article 9 (commencing with Section 65470) to Chapter 3 of
Division 1 of Title 7 of, the Government Code, relating to local
development.
LEGISLATIVE COUNSEL'S DIGEST
SB 310, Hancock. Local development.
(1) Existing law authorizes the legislative body of a city or
county to adopt an infrastructure financing plan, which is required
to contain specified information, for the purpose of financing
certain infrastructure facilities, if specified procedural
requirements are met, and requires the legislative body, if it adopts
the plan, to submit the proposal to the voters. Existing law
authorizes the legislative body to create an infrastructure financing
district, by ordinance, if 2/3 of the qualified electors of the
proposed district vote in favor of adoption of the plan, and also
authorizes the legislative body to initiate proceedings to issue
bonds to finance the infrastructure facilities if 2/3 of those
electors vote in favor of the issuance. Existing law authorizes
infrastructure finance districts to finance specified projects,
including financing certain infrastructure facilities.
This bill would authorize a district to reimburse a developer that
meets specified requirements for permit expenses or expenses related
to the construction of affordable housing units pursuant to the
Transit Priority Project Program described below. This bill would
also require that an infrastructure financing plan also include a
plan to finance any potential costs for reimbursing a developer that
meets specified requirements for permit and affordable housing
expenses related to a project of the Transit Priority Project
Program.
(2) The Transit Village Development Planning Act of 1994
authorizes a city or county to create a transit village plan for a
transit village development district that addresses specified
characteristics. In order to increase transit ridership and to reduce
vehicle traffic on the highways, the act encourages local, regional,
and state plans to direct new development close to transit stations
and provide financial incentives to implement these plans.
This bill would establish the Transit Priority Project Program,
and authorize a city or county to participate in the program by
adopting an ordinance indicating its intent to participate in the
program and by forming an infrastructure financing district. The bill
would require a city or county that elects to participate in the
program to amend, if necessary, its general plan, and any related
specific plan, to authorize participating developers to build at an
increased height of a minimum of 3 stories within the newly created
infrastructure financing district. This bill would exempt from its
provisions a city or county that has adopted specified language in
its charter, or by ordinance or resolution.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 53395.3.5 is added to the Government Code, to
read:
53395.3.5. Notwithstanding subdivision (b) of Section 53395.3, a
district may reimburse a developer of a project that is located
entirely within the boundaries of that district for any permit
expenses incurred and to offset additional expenses incurred by the
developer in constructing affordable housing units pursuant to the
Transit Priority Program established in Section 65470.
SEC. 2. Section 53395.14 of the Government Code is amended to
read:
53395.14. After receipt of a copy of the resolution of intention
to establish a district, the official designated pursuant to Section
53395.13 shall prepare a proposed infrastructure financing plan. The
infrastructure financing plan shall be consistent with the general
plan of the city within which the district is located and shall
include all of the following:
(a) A map and legal description of the proposed district, which
may include all or a portion of the district designated by the
legislative body in its resolution of intention.
(b) A description of the public facilities required to serve the
development proposed in the area of the district including those to
be provided by the private sector, those to be provided by
governmental entities without assistance under this chapter, those
public improvements and facilities to be financed with assistance
from the proposed district, and those to be provided jointly. The
description shall include the proposed location, timing, and costs of
the public improvements and facilities.
(c) A finding that the public facilities are of communitywide
significance and provide significant benefits to an area larger than
the area of the district.
(d) A financing section, which shall contain all of the following
information:
(1) A specification of the maximum portion of the incremental tax
revenue of the city and of each affected taxing entity proposed to be
committed to the district for each year during which the district
will receive incremental tax revenue. The portion need not be the
same for all affected taxing entities. The portion may change over
time.
(2) A projection of the amount of tax revenues expected to be
received by the district in each year during which the district will
receive tax revenues, including an estimate of the amount of tax
revenues attributable to each affected taxing entity for each year.
(3) A plan for financing the public facilities to be assisted by
the district, including a detailed description of any intention to
incur debt.
(4) A limit on the total number of dollars of taxes which may be
allocated to the district pursuant to the plan.
(5) A date on which the district will cease to exist, by which
time all tax allocation to the district will end. The date shall not
be more than 30 years from the date on which the ordinance forming
the district is adopted pursuant to Section 53395.23.
(6) An analysis of the costs to the city of providing facilities
and services to the area of the district while the area is being
developed and after the area is developed. The plan shall also
include an analysis of the tax, fee, charge, and other revenues
expected to be received by the city as a result of expected
development in the area of the district.
(7) An analysis of the projected fiscal impact of the district and
the associated development upon each affected taxing entity.
(8) A plan for financing any potential costs that may be incurred
by reimbursing a developer of a project that is both located entirely
within the boundaries of that district and qualifies for the Transit
Priority Project Program, pursuant to Section 65470, including any
permit and affordable housing expenses related to the project.
(e) If any dwelling units occupied by persons or families of low
or moderate income are proposed to be removed or destroyed in the
course of private development or public works construction within the
area of the district, a plan providing for replacement of those
units and relocation of those persons or families consistent with the
requirements of Section 53395.5.
SEC. 3. Article 9 (commencing with Section 65470) is added to
Chapter 3 of Division 1 of Title 7 of the Government Code, to read:
Article 9. Transit Priority Project Program
65470. (a) (1) It is the intent of the Legislature to provide a
process for cities and counties to create development patterns in the
form of transit priority projects that comply with Chapter 4.2
(commencing with Section 21155) of Division 13 of the Public
Resources Code, create jobs, reduce vehicle miles traveled, expand
the availability of accessible open-space, build the density needed
for transit viability, and meet regional housing targets.
(2) It is the intent of the Legislature that, when implemented, a
Transit Priority Project Program will help a development project in
meeting the standards for expedited review under paragraph (2) of
subdivision (a) of Section 65950.
(b) (1) A city or county may participate in the Transit Priority
Project Program by adopting an ordinance indicating its intent to
participate in the program and by forming an infrastructure financing
district pursuant to Article 1 (commencing with Section 53395) of
Chapter 2.8 of Part 1 of Title 5.
(2) Nothing in this article shall be construed to add to the
definitions of or to the requirements to implement Chapter 4.2
(commencing with Section 21155) of Division 13 of the Public
Resources Code.
(c) If a city or county elects to participate in the program by
adopting the ordinance described in subdivision (b) and forms an
infrastructure financing district, the city or county shall amend, if
necessary, the general plan and any related specific plan to
authorize participating developers to build at an increased height of
a minimum of three stories within the boundaries of the
infrastructure financing district created pursuant to subdivision
(b).
(d) A Transit Priority Project Program development project shall
meet all of the following requirements:
(1) Is located in a designated transit priority project and within
one-half of one mile of a transit station, pursuant to Section 21155
of the Public Resources Code.
(2) Is located within a zone in which buildings of three stories
or more are authorized.
(3) Meets State Air Resources Board land use guidelines with
respect to distance from major emitters.
(4) Provides onsite bicycle parking.
(5) Provides for car sharing if a car sharing program is available
in the city or county. The car sharing area may be onsite, or the
developer may pay a fee to the city or county to cover the cost of
providing for car sharing at an offsite location near the project.
The developer shall provide one car share for the first 20 units and
one car share for every 50 units thereafter.
(6) Provides unbundled parking.
(7) Provides to all units transit passes for 10 years as part of
the rent or condo fees if transit passes are available from local
providers.
(8) Provides to tenants recycling for bottles, cans, paper, and
plastic containers.
(9) Provides open space onsite, including, but not limited to,
accessible roof gardens, or pays a fee into a fund established for
local open space. The fee shall not exceed 10 cents ($0.10) per
square foot.
(10) Provides 20 percent affordable units in rental or owner
occupied housing for low- or moderate-income persons and families, or
pays a fee in an amount equivalent to the cost to provide affordable
units elsewhere within the city's or county's jurisdiction, as
determined by the city or county. The developer shall require, by
covenants or restrictions, that the housing units built pursuant to
this paragraph shall remain available at affordable housing cost to,
and occupied by, persons and families of low- or moderate-income
households for the longest feasible time, but for not less than 55
years for rental units and 45 years for owner-occupied units.
(11) Pays prevailing wages to construction workers for residential
projects over 100 units pursuant to Sections 1770, 1773, and 1773.1
of the Labor Code.
(12) For purposes of this subdivision, "unbundled parking" means
renting a parking space for the residential units separately from the
residential units, or pays a fee to the appropriate local transit
management fund to cover one-half of the cost to provide a parking
space.
(e) (1) A development project that meets the criteria established
in subdivision (d) shall comply with any local design guidelines that
were adopted prior to the submission of the project application.
(2) The infrastructure financing district formed pursuant to
subdivision (b) may reimburse a developer of a project that is
consistent with the requirements established in subdivision (d) for
any permit costs, or costs associated with the construction of the
affordable housing units required pursuant to paragraph (10) of
subdivision (d).
(f) This article shall not apply to a city or county that has
adopted language in its charter or by ordinance or resolution that
does either of the following:
(1) Provides that the requirements of Chapter 1 (commencing with
Section 1720) of Part 7 of Division 2 of the Labor Code do not apply
to some or all work awarded or funded by the city or county that
would otherwise be subject to those requirements.
(2) Prohibits a contractor, subcontractor, or other person or firm
engaged in the construction, rehabilitation, alteration, conversion,
extension, maintenance, repair, or improvement of public works, from
executing or otherwise becoming a party to any prehire, collective
bargaining, or similar agreement entered into with one or more labor
organizations, employees, or employee representatives that
establishes the terms and conditions of employment on a construction
project, or the city or county from incorporating such an agreement
into the bid specifications or contract for a construction project,
or the governing body of the city or county from deciding that the
city or county should enter into such an agreement for a particular
construction project or projects.