BILL NUMBER: AB 690 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 9, 2013
INTRODUCED BY Assembly Member Campos
FEBRUARY 21, 2013
An act to amend Sections 53395, 53395.1, 53395.3, 53395.4,
53395.5, 53395.10, 53395.13, 53395.14, 53395.19,
53395.23, and 53395.24 of and 53395.20 of, to
add Sections 53395.3.6, 53395.3.7, 53 395.3.8, 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, 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)
with 55% without voter approval ,
and would make various conforming changes . 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 to the incremental
property tax invested in the these
projects. 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.
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, or a city
and county , or a joint powers authority that is
acting as the military base reuse authority established pursuant to
Title 7.86 (commencing with Section 67800) .
(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 , and real
and tangible commercial property improvements .
(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.
(9) Remediation of hazardous materials in, on, under, or around
any real or tangible property.
(10) Seismic and life-safety improvements to existing buildings.
(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.
(12) Structural repairs and improvements to piers, seawalls, and
wharves.
(13) Removal of bay fill.
(14) Stormwater management facilities, other utility
infrastructure, or public open-space improvements.
(15) Shoreline restoration.
(16) Other repairs and improvements to maritime, transportation,
utility or other infrastructure facilities.
(17) Planning and design work that is directly related to any
public facilities authorized to be financed by a district.
(18) The repayment of the transfer of funds to a military base
reuse authority pursuant to Section 67851.
(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.
(c)
(d) 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).
(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.
(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.
SEC. 5. Section 53395.3.6 is added to the
Government Code , to read:
53395.3.6. (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.
SEC. 6. Sect ion 53395.3.7 is added to
the Government Code , to read:
53395.3.7. 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.
SEC. 7. Section 53395.3.8 is added to the
Government Code , to read:
53395.3.8. (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.
SEC. 8. Section 53395.3.9 is added to the
Government Code , to read:
53395.3.9. (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.
SEC. 9. Section 53395.3.10 is added to the
Government Code , to read:
53395.3.10. (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.
SEC. 10. Section 53395.3.1 1 is added
to the Government Code , to read:
53395.3.11. 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.
SEC. 11. Section 53395.3.12 is added to the
Government Code , to read:
53395.3.12. 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.
SEC. 5. SEC. 12. Section 53395.4 of
the Government Code is amended to read:
53395.4. (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.
(b)
(a) A district may include areas that are not
contiguous.
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.
SEC. 13. Section 53395.5 of the
Government Code is repealed.
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.
SEC. 7. SEC. 14. 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 an area of high unemployment 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
. 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 area
most recent month's unemployment rate
as published by the Employment Development Department and
the goals the district proposes to achieve. These goals shall
include, but are not limited
to, reduction of the district unemployment rate to the national
averag e, as determined by the latest information from the
United States Bureau of Labor Statistics, or 5 percent, whichever is
lower.
(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.
SEC. 8. SEC. 15. 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.
SEC. 9. SEC. 16. 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.
(4) A limit on the total number of dollars of taxes that may be
allocated to the district pursuant to the JCP.
(5)
(4) 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 45 years from
the date on which the ordinance forming the district is adopted
pursuant to Section 53395.23.
(6)
(5) 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.
(7)
(6) 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.
(f)
(e) A formula that dictates that
illustrates the estimated number of jobs to be created pursuant
to the JCP, with the requirement that for every one million
dollars ($1,000,000) invested in tax increment or companion
private funds , the JID shall create 10 prevailing
wage jobs 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
constructio n jobs generated shall be prevailing wage jobs
.
(g)
(f) A description of any plan to
encourage public-private partnerships with employers and developers
for property acquisitions, building and tenant improvements, and
equipment purchases , and implementing and achieving the
objectives stated on the JCP .
SEC. 10. SEC. 17. Section 53395.19
of the Government Code is amended to read:
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)
53395.19. (a) 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.
(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.
SEC. 18. Section 53395.20 of the
Government Code is amended to read:
53395.20. (a) At the conclusion of the hearing, the legislative
body may adopt a resolution proposing adoption of
adopting 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.
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 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.
(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.
(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.
(b) An election shall not be required to form the district.
(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.
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.
SEC. 19. Section 53395.23 of the
Government Code is repealed.
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.
SEC. 20. Section 53395.24 of the
Government Code is repealed.
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.
SEC. 13. SEC. 21. 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.
(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.