Amended in Assembly April 9, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 690

Introduced by Assembly Member Campos

February 21, 2013

An act to amend Sections 53395, 53395.1, 53395.3, 53395.4, begin delete 53395.5, end delete 53395.10, 53395.13, 53395.14, 53395.19, begin delete 53395.23, and 53395.24 of end delete begin insert and 53395.20 of, to add Sections 53395.3.6, 53395.3.7, 53395.3.8, 53395.3.9, 53395.3.10, 53395.3.11, and 53395.3.12 to, and to repeal Sections 53395.5, 53395.23, and 53395.24 of, end insert the Government Code, and to amend Section 33459 of the Health and Safety Code, relating to jobs and infrastructure financing districts.

LEGISLATIVE COUNSEL’S DIGEST

AB 690, as amended, Campos. Jobs and infrastructure financing districts: voter approval.

Existing law authorizes a legislative body, as defined, to create an infrastructure financing district, adopt an infrastructure financing plan, and issue bonds, for which only the district is liable, to finance specified public facilities, upon approval by 2⁄3 of the voters. Existing law authorizes an infrastructure financing district to fund infrastructure projects through tax increment financing, pursuant to the infrastructure financing plan and agreement of affected taxing entities, as defined.

Existing law, the Polanco Redevelopment Act, authorizes a redevelopment agency to take any action that the agency determines is necessary and consistent with state and federal laws to remedy or remove a release of hazardous substances on, under, or from property within a project area, whether the agency owns that property or not, subject to specified conditions.

This bill would revise and recast the provisions governing infrastructure financing districts and instead provide for the creation of jobs and infrastructure financing districts (JIDs) begin delete with 55% end delete begin insert without end insert voter approval begin insert , and would make various conforming changes end insert . The bill would authorize a public financing authority to enter into joint powers agreements with affected taxing entities with regard to nontaxing authority or powers only. The bill would authorize a district to implement hazardous cleanup pursuant to the Polanco Redevelopment Act, as specified.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

It is the intent of the Legislature to do all of the
following:

(a) Establish a program that will enable local cities and counties
to form tax exempt financing authorities known as Job and
Infrastructure Districts (JIDs).

(b) To authorize JIDs to prepare comprehensive job creation
plans (JCP), the objective of which shall be to identify the targeted
industries that would be provided assistance in the form of property
tax increment financing to locate or expand within the JID.

SEC. 2.  

Section 53395 of the Government Code is amended
to read:

53395.  

The Legislature finds and declares all of the following:

(a) The state and federal governments have withdrawn in whole
or in part from their former role in financing major, regional, or
communitywide infrastructure, including highways and
interchanges, sewage treatment and water reclamation works, water
supply and treatment works, flood control and drainage works,
schools, libraries, parks, parking facilities, open space, and seismic
retrofit and rehabilitation of public facilities.

(b) The methods available to local agencies to finance public
works often place an undue and unfair burden on buyers of new
homes, especially for public works that benefit the broader
community.

(c) The absence of practical and equitable methods for financing
both regional and local public works leads to a declining standard
of public works, a reduced quality of life and decreased safety for
affected citizens, increased objection to otherwise desirable
development, and excessive costs for homebuyers.

(d) It is equitable and in the public interest to provide alternative
procedures for financing public works and services needed to meet
the needs of new housing and other development projects.

(e) Approximately 85 percent of the state’s general fund budget
is generated by income tax and sales tax, which are derived from,
or are directly linked to, employment. Therefore, the state’s
structural budget deficit will not be resolved unless private sector
investment is encouraged.

(f) Tax increment financing is recognized as a compelling and
flexible financing tool for inducing private sector investment that
creates jobs and tax revenue for the state and for local communities.

(g) Local prevailing wage job creating projects that use tax
increment financing based on property tax have the potential to
return new income tax and sales tax revenue to the state on an
annual basis that would exceed begin delete to end delete the incremental property tax
invested in begin delete the end delete begin insert these end insert projects. begin insert Increased tax revenues provide a
link between job creation and a balanced state budget, thus
enabling the state to meet its financial commitments to education
and long-term stable economic development. end insert

SEC. 3.  

Section 53395.1 of the Government Code is amended
to read:

53395.1.  

Unless the context otherwise requires, the definitions
contained in this article shall govern the construction of this
chapter.

(a) “Affected taxing entity” means any governmental taxing
agency that levied or had levied on its behalf a property tax on all
or a portion of the property located in the proposed district in the
fiscal year prior to the designation of the district, but not including
any county office of education, school district, or community
college district.

(b) “City” means a city, a county, begin delete or end delete a city and county begin insert , or a
joint powers authority that is acting as the military base reuse
authority established pursuant to Title 7.86 (commencing with
Section 67800) end insert .

(c) “Debt” means any binding obligation to repay a sum of
money, including obligations in the form of bonds, certificates of
participation, long-term leases, loans from government agencies,
or loans from banks, other financial institutions, private businesses,
or individuals.

(d) “Designated official” means the city engineer or other
appropriate official designated pursuant to Section 53395.13.

(e) (1) “District” means a job and infrastructure financing
district.

(2) A jobs and infrastructure financing district is a “district”
within the meaning of Section 1 of Article XIII A of the California
Constitution.

(f) “Jobs and infrastructure financing district” means a legally
constituted governmental entity established pursuant to this chapter
for the sole purpose of financing public facilities begin insert , and real and
tangible commercial property improvements end insert .

(g) “Landowner” or “owner of land” means any person shown
as the owner of land on the last equalized assessment roll or
otherwise known to be the owner of the land by the legislative
body. The legislative body has no obligation to obtain other
information as to the ownership of land, and its determination of
ownership shall be final and conclusive for the purposes of this
chapter. A public agency is not a landowner or owner of land for
purposes of this chapter, unless the public agency owns all of the
land to be included within the proposed district.

(h) “Legislative body” means the city council or board of
supervisors.

SEC. 4.  

Section 53395.3 of the Government Code is amended
to read:

53395.3.  

(a) A district may finance (1) the purchase,
construction, expansion, improvement, seismic retrofit, or
rehabilitation of any real or other tangible property with an
estimated useful life of 15 years or longer that satisfies the
requirements of subdivision (b), (2) may finance planning and
design work that is directly related to the purchase, construction,
expansion, or rehabilitation of that property, and (3) the costs
described in Sections 53395.5 and 53396.5. A district may only
finance the purchase of facilities for which construction has been
completed, as determined by the legislative body. The facilities
need not be physically located within the boundaries of the district.
A district shall not finance routine maintenance, repair work, or
the costs of ongoing operation or providing services of any kind.

(b) The district shall finance only public capital facilities of
communitywide significance, which provide significant benefits
to an area larger than the area of the district, including, but not
limited to, all of the following:

(1) Highways, interchanges, ramps and bridges, arterial streets,
parking facilities, and transit facilities.

(2) Sewage treatment and water reclamation plants and
interceptor pipes.

(3) Facilities for the collection and treatment of water for urban
uses.

(4) Flood control levees and dams, retention basins, and drainage
channels.

(5) Child care facilities.

(6) Libraries.

(7) Parks, recreational facilities, and open space.

(8) Facilities for the transfer and disposal of solid waste,
including transfer stations and vehicles.

begin insert

(9) Remediation of hazardous materials in, on, under, or around
any real or tangible property.

end insert begin insert

(10) Seismic and life-safety improvements to existing buildings.

end insert begin insert

(11) Rehabilitation, restoration, and preservation of structures,
buildings, or other facilities having special historical, architectural,
or aesthetic interest or value and that are listed on the National
Register of Historic Places, are eligible for listing on the National
Register of Historic Places individually or because of their location
within an eligible registered historic district, or are listed on a
state or local register of historic landmarks.

end insert begin insert

(12) Structural repairs and improvements to piers, seawalls,
and wharves.

end insert begin insert

(13) Removal of bay fill.

end insert begin insert

(14) Stormwater management facilities, other utility
infrastructure, or public open-space improvements.

end insert begin insert

(15) Shoreline restoration.

end insert begin insert

(16) Other repairs and improvements to maritime,
transportation, utility or other infrastructure facilities.

end insert begin insert

(17) Planning and design work that is directly related to any
public facilities authorized to be financed by a district.

end insert begin insert

(18) The repayment of the transfer of funds to a military base
reuse authority pursuant to Section 67851.

end insert begin insert

(c) The district may finance the costs of real and tangible
commercial property improvements, including the costs of
acquisition, installation, construction, inducements to private
parties, and costs of planning and design thereof, as well as the
costs of educational or job training programs created, established,
or continued in association therewith, in accordance with the
procedures contained in Sections 53395.13 and 53395.14.

end insert begin delete

(c)

end delete

begin insert (d) end insert  The district shall be a local agency within the meaning of
subdivision (d) of Section 33459 of the Health and Safety Code
and may finance any actions necessary to implement the Polanco
Redevelopment Act (Article 12.5 (commencing with Section
33459) of Chapter 4 of Part 1 of Division 24 of the Health and
Safety Code).

begin delete

(d) Any district that constructs dwelling units shall set aside not
less than 20 percent of those units to increase and improve the
community’s supply of low- and moderate-income housing
available at an affordable housing cost, as defined by Section
50052.5 of the Health and Safety Code, to persons and families of
low- and moderate-income, as defined in Section 50093 of the
Health and Safety Code.

end delete begin insert

(e) The district may engage in activities in which property tax
increment is assumed, used, transferred, or otherwise encumbered
by the district for activities authorized in this section and during
the life of the district, as determined by paragraph (4) of
subdivision (d) of Section 53395.14, until the unemployment rate
of the district falls below the threshold stated in subdivision (c) of
Section 53395.10.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 53395.3.6 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 53395.3.6. end insert   

(a) There is in each city a public, corporate
instrumentality of the State of California, known as the jobs and
infrastructure financing district of the city. Each city is authorized
to utilize that district in the issuance of revenue bonds in the
accomplishment of the public purposes as provided in Section
53395.3. The purposes provided in Section 53395.3 shall be
deemed to constitute public purposes of the city, and the exercise
by each district of the powers conferred by this title, including the
power to issue revenue bonds, shall be deemed to be the
performance of an essential governmental function of the city.
However, that exercise of the powers conferred by this title in the
achievement of the purposes provided in Section 53395.3 shall be
subject to the provisions of, and exclusively as provided in, this
article.

(b) A district shall not transact any business or exercise any
powers under this article unless, by ordinance, the city council
declares that there is a need for the district and that the district
shall function. The ordinance shall be subject to referendum in
the manner prescribed by law for ordinances of the city.

(c) A district shall conclusively be deemed to have been
established and authorized to transact business and exercise its
powers upon proof of the adoption of the ordinance.

(d) Notwithstanding any other provision of this article, a city
shall have the power to transact any business or exercise any
powers of a district conferred by this title without having to
establish a district. However, a city, at its option may, establish a
district pursuant to this article to exercise any powers conferred
by this article. In the event that a city acts as a jobs and
infrastructure financing district, any reference to district and board
contained in this title shall mean city and city council, respectively.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 53395.3.7 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 53395.3.7. end insert   

The sole purpose of a district is to undertake
projects through the issuance of revenue bonds in accomplishment
of the purposes provided in Section 53395.3, to carry out and
complete those projects, and to perform and exercise derivative
obligations and powers.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 53395.3.8 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 53395.3.8. end insert   

(a) All powers vested in districts shall be
exercisable as their respective boards shall provide, solely to
accomplish the purposes of districts.

(b) The board shall consist of all of the members of the city
council.

(c) The directors shall serve without compensation, except that
they may be reimbursed for their actual and necessary expenses
incurred in the performance of their duties, or may receive a
reasonable per diem payment and mileage charge as
reimbursement for living and traveling expenses incurred in the
performance of duties away from the principal office. In addition,
they also may receive a reasonable mileage charge as
reimbursement for traveling expenses to and from the principal
office of the authority, or the place of meeting, if other than at the
principal office.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 53395.3.9 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 53395.3.9. end insert   

(a) The principal office of a district shall be located
at the principal office of the city.

(b) Each district board shall have a chairperson, who shall be
elected by the members of the board from among its membership.

(c) Public officers of a district consist of the chairperson and
members of the board, a secretary, a treasurer, and those assistants
for the secretary and the treasurer as the board may appoint. The
corresponding officers of the city may, by designation by resolution
of the board, be the secretary, the treasurer, and the assistants of
the district. The secretary, the treasurer, and the assistants may
be compensated.

(d) A district shall file with the clerk of the city a certificate of
a majority of the authorized number of directors as to the secretary
and any assistant secretaries of the district, and the certificate,
until superseded by a later certificate, shall be conclusive with
respect to the district of which the person is the secretary or
assistant secretary, as the case may be, of the district.

(e) A certificate of the clerk of the city as to the secretary or
assistant secretary of the district, and of the secretary or assistant
secretary so certified as to the incumbents of any offices, shall be
conclusive with respect to the city and the district that those
persons are the incumbents of those offices in any transactions of
the district authorized by this title.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 53395.3.10 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 53395.3.10. end insert   

(a) A district may appoint any employees and
agents, including, without limitation, financial advisers or
consultants, accountants, architects, engineers, or other experts
or advisers as it requires, and may determine their qualifications,
duties, terms of employment or engagement, and compensation.
Officers, agents, or employees of a city may also be agents or
employees of a district. Officers, agents, or employees of a district
shall not, by reason thereof, be deemed to be officers, agents, or
employees of a city. A district shall adopt personnel rules and
regulations applicable to its employees.

(b) A district may contract for legal counsel as in its judgment
is necessary or advisable to enable it to carry out its purposes,
including bond counsel as it deems advisable in connection with
any proceedings.

(c) An attorney or firm of attorneys employed as counsel by a
company may not serve at the same time as legal counsel, including
bond counsel, and a person or firm employed as financial adviser
by a company may not serve at the same time as financial adviser,
to the district in connection with any project or proposed project
for the company.

end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 53395.3.11 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 53395.3.11. end insert   

A member of the board or other officer of a district
or a member of the city council who has any financial interest,
other than an interest as defined by Section 1091 or 1091.5, in any
project, project agreement, indenture, bonds, or the sale thereof,
shall fully disclose the nature of the interest to the board, or city
council, and shall not cast a vote upon any matter concerning that
project, project agreement, indenture, bonds, or the sale thereof,
in any manner whatsoever, except that the presence of the member
may be considered in determining the existence of a quorum.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 53395.3.12 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 53395.3.12. end insert   

A district may do all of the following:

(a) Sue and be sued in its own name.

(b) Have an official seal.

(c) Have perpetual succession.

(d) Make and execute contracts and other instruments and
documents.

(e) Make, amend, and repeal bylaws governing procedures and
meetings of the board and the duties of its officers, and make,
amend, and repeal rules, regulations, and policies governing the
transaction of its business and the exercise of its powers.

(f) Use premises of, subject to the regulation thereof by, the
city.

(g) Administer its funds and deposit, invest, and reinvest funds
in the types of securities or obligations permitted by the city in
accordance with law.

(h) Use discretion in the undertaking of projects, including the
establishment of reasonable priorities and criteria among the types
and locations of projects and regarding companies.

end insert

begin delete SEC. 5. end delete
begin insert SEC. 12. end insert   

Section 53395.4 of the Government Code is amended
to read:

53395.4.  

begin delete

(a) A district may finance only the facilities or
services authorized in this chapter to the extent that the facilities
or services are in addition to those provided in the territory of the
district before the district was created. The additional facilities or
services may not supplant facilities or services already available
within that territory when the district was created but may
supplement those facilities and services as needed to serve new
developments.

end delete begin delete

(b)

end delete

begin insert (a) end insert  A district may include areas that are not contiguous.

begin delete

SEC. 6.  

Section 53395.5 of the Government Code is amended
to read:

53395.5.  

It is the intent of the Legislature that the establishment
of a district should not ordinarily lead to the removal of existing
dwelling units. If, however, any dwelling units are proposed to be
removed or destroyed in the course of private development or
public works construction within the area of the district, the
legislative body shall do all of the following:

(a) Within four years of the removal or destruction, cause or
require the construction or rehabilitation, for rental or sale to
persons or families of low or moderate income, of an equal number
of replacement dwelling units at affordable housing cost, as defined
in Section 50052.5 of the Health and Safety Code, within the
territory of the district if the dwelling units removed were inhabited
by persons or families of low or moderate income, as defined in
Section 50093 of the Health and Safety Code.

(b) Within four years of the removal or destruction, cause or
require the construction or rehabilitation, for rental or sale to
persons of low or moderate income, a number of dwelling units
which is at least one unit but not less than 20 percent of the total
dwelling units removed at affordable housing cost, as defined in
Section 50052.5 of the Health and Safety Code, within the territory
of the district if the dwelling units removed or destroyed were not
inhabited by persons of low or moderate income, as defined in
Section 50093 of the Health and Safety Code.

(c) Provide relocation assistance and make all the payments
required by Chapter 16 (commencing with Section 7260) of
Division 7 of Title 1, to persons displaced by any public or private
development occurring within the territory of the district. This
displacement shall be deemed to be the result of public action.

(d) Ensure that removal or destruction of any dwelling units
occupied by persons or families of low or moderate income not
take place unless and until there are suitable housing units, at
comparable cost to the units from which the persons or families
were displaced, available and ready for occupancy by the residents
of the units at the time of their displacement. The housing units
shall be suitable to the needs of these displaced persons or families
and shall be decent, safe, sanitary, and otherwise standard
dwellings.

end delete

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 53395.5 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

53395.5.  

It is the intent of the Legislature that the area of the
districts created be substantially undeveloped, and the
establishment of a district should not ordinarily lead to the removal
of existing dwelling units. If, however, any dwelling units are
proposed to be removed or destroyed in the course of private
development or public works construction within the area of the
district, the legislative body shall do all of the following:

(a) Within four years of the removal or destruction, cause or
require the construction or rehabilitation, for rental or sale to
persons or families of low or moderate income, of an equal number
of replacement dwelling units at affordable housing cost, as defined
in Section 50052.5 of the Health and Safety Code, within the
territory of the district if the dwelling units removed were inhabited
by persons or families of low or moderate income, as defined in
Section 50093 of the Health and Safety Code.

(b) Within four years of the removal or destruction, cause or
require the construction or rehabilitation, for rental or sale to
persons of low or moderate income, a number of dwelling units
which is at least one unit but not less than 20 percent of the total
dwelling units removed at affordable housing cost, as defined in
Section 50052.5 of the Health and Safety Code, within the territory
of the district if the dwelling units removed or destroyed were not
inhabited by persons of low or moderate income, as defined in
Section 50093 of the Health and Safety Code.

(c) Provide relocation assistance and make all the payments
required by Chapter 16 (commencing with Section 7260) of
Division 7 of Title 1, to persons displaced by any public or private
development occurring within the territory of the district. This
displacement shall be deemed to be the result of public action.

(d) Ensure that removal or destruction of any dwelling units
occupied by persons or families of low or moderate income not
take place unless and until there are suitable housing units, at
comparable cost to the units from which the persons or families
were displaced, available and ready for occupancy by the residents
of the units at the time of their displacement. The housing units
shall be suitable to the needs of these displaced persons or families
and shall be decent, safe, sanitary, and otherwise standard
dwellings.

end delete

begin delete SEC. 7. end delete
begin insert SEC. 14. end insert   

Section 53395.10 of the Government Code is amended
to read:

53395.10.  

A legislative body of a city may designate one or
more proposed job and infrastructure financing districts pursuant
to this chapter in begin delete an area of high unemployment end delete begin insert a United States
Census-defined area with high unemployment in excess of 7
percent, as determined by the most recent data available from the
American Community Survey (ACS) of the federal Bureau of Labor
Statistics (BLS) of the United States Department of Labor at the
time the district is formed. The United States Census-defined area
is comprised of census tracts that may define conterminous areas
within a city, or conterminous areas that reside in more than one
city end insert . Proceedings for the establishment of a district shall be
instituted by the adoption of a resolution of intention to establish
the proposed district and shall do all of the following:

(a) State that a job and infrastructure financing district is
proposed to be established under the terms of this chapter and
describe the boundaries of the proposed district, which may be
accomplished by reference to a map on file in the office of the
clerk of the city.

(b) State the type of public facilities and development proposed
to be financed or assisted by the district in accordance with Section
53395.3.

(c) State the need for the district based upon the begin delete area end delete begin insert most recent
month’s end insert unemployment rate begin insert as published by the Employment
Development Department end insert and the goals the district proposes to
achieve. begin insert These goals shall include, but are not limited to, reduction
of the district unemployment rate to the national average, as
determined by the latest information from the United States Bureau
of Labor Statistics, or 5 percent, whichever is lower. end insert

(d) State that incremental property tax revenue from the city
and some or all affected taxing entities within the district may be
used to implement the job creation plan adopted pursuant to Section
53395.14.

(e) Fix a time and place for a public hearing on the proposal.

begin delete SEC. 8. end delete
begin insert SEC. 15. end insert   

Section 53395.13 of the Government Code is amended
to read:

53395.13.  

After adopting the resolution pursuant to Section
53395.10, the legislative body shall designate and direct the
appropriate official to prepare a job creation plan (JCP) pursuant
to Section 53395.14.

begin delete SEC. 9. end delete
begin insert SEC. 16. end insert   

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 JCP. The JCP 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.

begin delete

(4) A limit on the total number of dollars of taxes that may be
allocated to the district pursuant to the JCP.

(5)

end delete

begin insert (4) end insert  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 begin delete 30 end delete begin insert 45 end insert years from the date on which the ordinance
forming the district is adopted pursuant to Section 53395.23.

begin delete

(6)

end delete

begin insert (5) end insert  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 JCP 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.

begin delete

(7)

end delete

begin insert (6) end insert  An analysis of the projected fiscal impact of the district and
the associated development upon each affected taxing entity.

begin delete

(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.

(f)

end delete

begin insert (e) end insert  A formula that begin delete dictates that end delete begin insert illustrates the estimated number
of jobs to be created pursuant to the JCP, with the requirement
that end insert for every one million dollars ($1,000,000) invested begin insert in tax
increment or companion private funds end insert , the JID shall create 10
begin delete prevailing wage jobs end delete begin insert full-time equivalent (FTE) jobs for qualifying
employees within two years of the start of construction, which
shall occur within six months of agreement approval. All
construction jobs generated shall be prevailing wage jobs end insert .

begin delete

(g)

end delete

begin insert (f) end insert  A begin insert description of any end insert plan to encourage public-private
partnerships with employers and developers for property
acquisitions, building and tenant improvements, and equipment
purchases begin insert , and implementing and achieving the objectives stated
on the JCP end insert .

begin delete SEC. 10. end delete
begin insert SEC. 17. end insert   

Section 53395.19 of the Government Code is amended
to read:

begin delete

53395.19.  

(a) The legislative body shall not enact a resolution
proposing formation of a district and providing for the division of
taxes of any affected taxing entity pursuant to Article 3
(commencing with Section 53396) unless a resolution approving
the plan has been adopted by the governing body of each affected
taxing entity which is proposed to be subject to division of taxes
pursuant to Article 3 (commencing with Section 53396) has been
filed with the legislative body at or prior to the time of the hearing.

(b) Nothing in this section shall be construed to prevent the
legislative body from amending its infrastructure financing plan
and adopting a resolution proposing formation of the infrastructure
financing district without allocation of the tax revenues of any
affected taxing entity which has not approved the infrastructure
financing plan by resolution of the governing body of the affected
taxing entity.

(c)

end delete

begin insert

begin insert 53395.19. end insert   

end insert

begin insert (a) end insert  A public financing authority may enter into a
joint powers agreement pursuant to Section 6500 with an affected
taxing entity to carry out the purposes of this chapter with regard
to nontaxing authority or powers only.

begin insert

(b) This section shall not be construed to prevent the legislative
body from amending its infrastructure financing plan and adopting
a resolution proposing formation of the infrastructure financing
district without allocation of the tax revenues of any affected taxing
entity that has not approved the infrastructure financing plan by
resolution of the governing body of the affected taxing entity.

end insert

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 53395.20 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

53395.20.  

(a) At the conclusion of the hearing, the legislative
body may adopt a resolution begin delete proposing adoption of end delete begin insert adopting end insert the
infrastructure financing plan, as modified, and formation of the
infrastructure financing district in a manner consistent with Section
53395.19, or it may abandon the proceedings. begin delete If the legislative
body adopts a resolution proposing formation of the district, it
shall then submit the proposal to create the district to the qualified
electors of the proposed district in the next general election or in
a special election to be held, notwithstanding any other
requirement, including any requirement that elections be held on
specified dates, contained in the Elections Code, at least 90 days,
but not more than 180 days, following the adoption of the
resolution of formation. The legislative body shall provide the
resolution of formation, a certified map of sufficient scale and
clarity to show the boundaries of the district, and a sufficient
description to allow the election official to determine the
boundaries of the district to the official conducting the election
within three business days after the adoption of the resolution of
formation. The assessor’s parcel numbers for the land within the
district shall be included if it is a landowner election or the end delete begin delete district
does not conform to an existing district’s boundaries and if
requested by the official conducting the election. If the election is
to be held less than 125 days following the adoption of the
resolution of formation, the concurrence of the election official
conducting the election shall be required. However, any time limit
specified by this section or requirement pertaining to the conduct
of the election may be waived with the unanimous consent of the
qualified electors of the proposed district and the concurrence of
the election official conducting the election. end delete

begin delete

(b) If at least 12 persons have been registered to vote within the
territory of the proposed district for each of the 90 days preceding
the close of the hearing, the vote shall be by the registered voters
of the proposed district, who need not necessarily be the same
persons, with each voter having one vote. Otherwise, the vote shall
be by the landowners of the proposed district and each landowner
who is the owner of record at the close of the protest hearing, or
the authorized representative thereof, shall have one vote for each
acre or portion of an acre of land that he or she owns within the
proposed district. The number of votes to be voted by a particular
landowner shall be specified on the ballot provided to that
landowner.

end delete begin delete

(c) Ballots for the special election authorized by subdivision (a)
may be distributed to qualified electors by mail with return postage
prepaid or by personal service by the election official. The official
conducting the election may certify the proper mailing of ballots
by an affidavit, which shall be exclusive proof of mailing in the
absence of fraud. The voted ballots shall be returned to the election
officer conducting the election not later than the hour specified in
the resolution calling the election. However, if all the qualified
voters have voted, the election shall be closed.

end delete begin insert

(b) An election shall not be required to form the district.

end insert begin insert

(c) A public or private owner of land that is not within an
existing district, but that has any boundary line contiguous to a
boundary of the district, may petition the legislative body for
inclusion of the land in the district without an election.

end insert

begin delete

SEC. 11.  

Section 53395.23 of the Government Code is amended
to read:

53395.23.  

After the canvass of returns of any election pursuant
to Section 53395.20, the legislative body may, by ordinance, adopt
the JCP and create the district with full force and effect of law, if
55 percent of the votes upon the question of creating the district
are in favor of creating the district.

SEC. 12.  

Section 53395.24 of the Government Code is amended
to read:

53395.24.  

After the canvass of returns of any election
conducted pursuant to Section 53395.20, the legislative body shall
take no further action with respect to the proposed infrastructure
financing district for one year from the date of the election if the
question of creating the district fails to receive approval by 55
percent of the votes cast upon the question.

end delete

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 53395.23 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

53395.23.  

After the canvass of returns of any election pursuant
to Section 53395.20, the legislative body may, by ordinance, adopt
the infrastructure financing plan and create the district with full
force and effect of law, if two-thirds of the votes upon the question
of creating the district are in favor of creating the district.

end delete

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 53395.24 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

53395.24.  

After the canvass of returns of any election
conducted pursuant to Section 53395.20, the legislative body shall
take no further action with respect to the proposed infrastructure
financing district for one year from the date of the election if the
question of creating the district fails to receive approval by
two-thirds of the votes cast upon the question.

end delete

begin delete SEC. 13. end delete
begin insert SEC. 21. end insert   

Section 33459 of the Health and Safety Code is
amended to read:

33459.  

For purposes of this article, the following terms shall
have the following meanings:

(a)  “Department” means the Department of Toxic Substances
Control.

(b)  “Director” means the Director of Toxic Substances Control.

(c)  “Hazardous substance” means any hazardous substance as
defined in subdivision (h) of Section 25281, and any reference to
hazardous substance in the definitions referenced in this section
shall be deemed to refer to hazardous substance, as defined in this
subdivision.

(d)  “Local agency” means a single local agency that is one of
the following:

(1)  A local agency authorized pursuant to Section 25283 to
implement Chapter 6.7 (commencing with Section 25280) of, and
Chapter 6.75 (commencing with Section 25299.10) of, Division
20.

(2)  A local officer who is authorized pursuant to Section 101087
to supervise a remedial action.

(3) A job and infrastructure district.

begin delete

(e)  “Qualified independent contractor” means an independent
contractor who is any of the following:

(1)  An engineering geologist who is certified pursuant to
Section 7842 of the Business and Professions Code.

(2)  A geologist who is registered pursuant to Section 7850 of
the Business and Professions Code.

(3)  A civil engineer who is registered pursuant to Section 6762
of the Business and Professions Code.

(f)  “Release” means any release, as defined in Section 25320.

(g)  “Remedy” or “remove” means any action to assess, evaluate,
investigate, monitor, remove, correct, clean up, or abate a release
of a hazardous substance or to develop plans for those actions.
“Remedy” includes any action set forth in Section 25322 and
“remove” includes any action set forth in Section 25323.

(h)  “Responsible party” means any person described in
subdivision (a) of Section 25323.5 of this code or subdivision (a)
of Section 13304 of the Water Code.

end delete